6. Return of Property. On or before the Employment Resignation Date, Executive shall return to Sonic all Company property, including but not limited to all Company-owned equipment, demonstrator vehicles, keys to Sonics or any subsidiaries offices and property, all Confidential Information, documents, customer lists, written information, forms, formulae, plans, manuals, designs, blueprints, notebooks, tools, credit cards, passwords, documents or other hard copy, audio/visual, or electronic material or data, software or firmware, records, or copies of the same, belonging to Sonic or any Company entity, which are in Executives possession or control, without retaining any copy or summary thereof. Notwithstanding the previous sentence, Sonic agrees to transfer ownership to Executive of the company-issued cell phone currently in Executives possession, cell phone number and company-issued laptop computer currently in Executives possession, provided that Executive permits and fully cooperates with a Sonic-designated employee to permanently delete all Company information from such cell phone and laptop computer within five (5) business days of the Effective Date of this Agreement.
7. Comprehensive Release of Claims and Covenant Not to Sue.
(a) Executive agrees that, in consideration for the Severance Payment, Executive, for himself, and for his heirs, executors, administrators, and assigns, hereby releases, waives, and forever discharges the Sonic Releasees, as defined below, from any and all federal, state, or local causes of action, claims, demands, charges, suits, damages or liabilities of whatever kind or nature which he ever had or which he now has, known or unknown, against any and all Sonic Releasees that are attributable to or arose during all periods of time occurring on or prior to the Date of this Agreement (collectively, the Claims).
(b) The Claims released herein expressly include, without limitation, to the fullest extent allowed by law, any and all actions, claims, allegations, or violations based upon or arising from Executives employment relationship with Sonic or the termination of that relationship, including claims under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (including the Older Workers Benefit Protection Act); the Equal Pay Act of 1963, as amended; the Americans with Disabilities Act of 1990 and the Americans with Disabilities Amendments Act; the Rehabilitation Act; the Lilly Ledbetter Fairpay Act; the Genetic Information Nondiscrimination Act, the National Labor Relations Act; the Family and Medical Leave Act of 1993 as amended; the Civil Rights Act; of 1866, as amended; the Worker Adjustment Retraining and Notification Act; the Employee Retirement Income Security Act of 1974; claims under any state or local counterparts to any such federal laws; claims under any applicable Executive Order programs, Sarbanes Oxley, and any other federal, state or local civil, whistleblower or human rights law, or any other municipal, local, state or federal law, regulation, or ordinance; all claims for any breach of contract; negligence; breach of fiduciary duty; breach of implied duty of good faith and fair dealing; unfair competition; defamation; wrongful or unlawful discharge; constructive discharge; retaliation; invasion of privacy; personal injury; loss or injury to property; intentional or negligent infliction of emotional distress; disputed or unpaid wages, salary, bonuses, earnings, equity awards, deferred compensation or other forms of compensation; and any claim for costs, fees, or other expenses, including attorneys fees incurred in the matters provided for in this release, provided, however, that this Section 7 shall not apply to Executives rights to (i) enforce any claims he might have arising out of the failure of Sonic to comply with the terms of this Agreement, (ii) continuing group medical insurance coverage at Executives expense in accordance with the federal COBRA act and regulations thereunder, or (iii) indemnification pursuant to the bylaws or articles of incorporation currently in effect of Sonic or any subsidiary of Sonic.
(c) Except to the extent contemplated by Section 7(f) or the exceptions listed in the proviso of Section 7(b) of this Agreement, Executive covenants not to sue or bring a claim or any legal action whatsoever against any of the Sonic Releasees with respect to any Claim in any forum for any reason. If Executive sues or brings any action against any Sonic Releasee in violation of the foregoing covenant not to sue, Executive agrees that Executive shall pay all reasonable fees, costs and expenses incurred by the Sonic Releasees in defending against any such suit or claim, including but not limited to reasonable attorneys fees.
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