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3471 River Hills Drive
Cincinnati, Ohio 45244
b. Claims Not Released. Employee is not waiving any rights he may have to: (a) his own vested accrued employee benefits under The Companys health, welfare, or retirement benefit plans, if any, as of the Separation Date; (b) pursue claims that by law cannot be waived by signing this Agreement; (c) enforce this Agreement; and/or (d) challenge the validity of this Agreement.
c. Governmental Agencies. Nothing in this Agreement prohibits or prevents Employee from filing a charge with or participating, testifying, or assisting in any investigation, hearing, whistleblower proceeding or other proceeding before any federal, state, or local government agency nor does anything in this Agreement preclude, prohibit, or otherwise limit, in any way, Employees rights and abilities to contact, communicate with, report matters to, or otherwise participate in any whistleblower program administered by any such agencies. However, by signing this Agreement, Employee waives the right to recover any monetary damages or attorneys fees from The Company in any claim or lawsuit brought by or through the Equal Employment Opportunity Commission or an equivalent state agency.
5. Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against The Company.
Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws.
Employee will not make any defamatory or maliciously disparaging comments, whether oral or written, about The Company, its officers, directors, employees, agents or its products, services or business.
Employee further affirms that Employee has no known workplace injuries or occupational diseases that have not been previously reported to The Company.
Employee acknowledges and agrees that Employee remains bound by any legal obligations contained in the Non-Competition, Non-Solicitation and/or Confidentiality Agreement with the Company, executed on March 12, 2001.
Employee also affirms that Employee has not divulged any proprietary or confidential information of The Company and will continue to maintain the confidentiality of such information consistent with The Companys policies and Employees agreement(s) with The Company and/or common law.
Employee affirms that during the term of employment, Employee has had access to and has become familiar with various trade secrets and other confidential and proprietary business information of the Company. Employee agrees that the Company has taken reasonable steps to preserve the confidentiality of these trade secrets and other confidential and proprietary information. Employee agrees not to disclose, directly or indirectly, or use in any way, any such trade secrets or