GENERAL RELEASE AGREEMENT
This General Release Agreement (this Release) is made by myself in favor of Puma Biotechnology, Inc. (the Company) and the Releasees (as defined below), as of the eighth (8th) day after the date on which I sign this Release if not revoked in accordance with Section 5 below.
1. General Release. In exchange for the benefits set forth in the Transition and General Release Agreement entered into by and between myself and the Company (the Agreement) to which this Release is an exhibit, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, I, on behalf of myself, my heirs, estate, trust(s), successors and assigns, hereby release and forever discharge the Releasees hereunder, consisting of the Company and the Affiliates, and each of their respective partners, members, managers, associates, affiliates, subsidiaries, successors, heirs, assigns, agents, directors, officers, employees, shareholders, representatives, lawyers, insurers, and all persons acting by, through, under or in concert with them, or any of them, of and from any and all Claims, as defined in Section 2.
2. Claims Released. The Claims released herein include any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, damages, losses, costs, attorneys fees or expenses, of any nature whatsoever, known or unknown, fixed or contingent, which I now have or may hereafter have against the Releasees, or any of them, by reason of any matter, cause, or thing whatsoever from the beginning of time to the date hereof. Without limiting the generality of the foregoing, Claims shall include: any claims in any way arising out of, based upon, or related to my employment by or service as a director to any of the Releasees, or any of them, or the termination thereof; any claim for wages, salary, commissions, bonuses, fees, incentive payments, profit-sharing payments, expense reimbursements, leave, vacation, severance pay or other benefits; any alleged breach of any express or implied contract of employment; any alleged torts or other alleged legal restrictions on the Companys rights to terminate my employment; and any alleged violation of any federal, state or local statute or ordinance including, without limitation, Claims arising under: Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621, et seq.; Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act , 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the Sarbanes-Oxley Act of 2002; the California Fair Employment and Housing Act, as amended, Cal. Lab. Code § 12940 et seq.; the California Equal Pay Law, as amended, Cal. Lab. Code §§ 1197.5(a),1199.5; the Moore-Brown-Roberti Family Rights Act of 1991, as amended, Cal. Govt Code §§12945.2, 19702.3; the California Labor Code; the California WARN Act, Cal. Lab. Code § 1400 et seq.; the California False Claims Act, Cal. Govt Code § 12650 et seq.; the California Corporate Criminal Liability Act, Cal. Penal Code § 387; or any other federal, state or local law.
3. Claims Not Released. Notwithstanding the generality of the foregoing, the Claims released shall not include the Companys obligations to provide the benefits under Sections 1 and 2 of the Agreement, any claim or right to vested employee welfare or retirement benefits, or any claim or right that may not be released by private agreement, including without limitation, any claim for unemployment insurance benefits, any workers compensation claim and any claim for indemnification under California Labor Code Sections 2800 or 2802 (the Unreleased Claims).