Exhibit B - FORM
13. Severability. If any provision of this Agreement, or part thereof, is determined to be unenforceable for any reason whatsoever, it shall be severable from the remainder of this Agreement and shall not invalidate or affect the other provisions of this Agreement, which shall remain in full force and effect and shall be enforceable according to their terms. No covenant shall be dependent upon any other covenant or provision herein, each of which stands independently.
14. Professionalism. Executive agrees that Executive will not make or issue, or procure any person, firm or entity to make or issue, any statement in any form concerning the Company, Executives employment relationship or the cessation of Executives employment relationship with the Company to any person or entity if such statement is harmful to or disparaging of the Company, their affiliates or any of their employees, officers, directors, agents or representatives; provided, however, that nothing herein shall preclude Executive from providing any information to any governmental or regulatory authority, including the Securities and Exchange Commission or as otherwise required by applicable law, including a court order.
15. Release. As a material inducement to the Company to enter into this Agreement, Executive hereby irrevocably and unconditionally releases, acquits, and forever discharges the Company, each of its owners, members, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, parent companies, divisions, direct or indirect subsidiaries, affiliates, and all persons acting by, through, under or in concert with any of them (collectively Releasees), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements and benefit plans, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses of any nature whatsoever, known or unknown, suspected or unsuspected, including, but not limited to, any rights arising out of any alleged violations or breaches of any employment agreements or any other contracts or benefit plans, express or implied or any tort, or any legal restrictions on the Companys right to terminate employees, or any federal, state or other governmental statute, regulation, or ordinance, including without limitation (1) Title VII of the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991 (race, color, religion, sex, and national origin discrimination); (2) the Americans with Disabilities Act (disability discrimination); (3) 42 U.S.C. § 1981 (discrimination); (4) the federal Age Discrimination in Employment Act (age discrimination); (5) the Older Workers Benefit Protection Act; (6) the Equal Pay Act; and (7) Executive Retirement Income Security Act (ERISA) (Executive Claim or Executive Claims), which Executive now has, owns or holds, or claims to have, own or hold, or which Executive at any time heretofore had owned or held, or claimed to have owned or held, against each or any of the Releasees at any time up to and including the Effective Date of this Agreement; provided, however, that nothing herein affects Executives right to file or participate in a charge of discrimination with or pending before the Equal Employment Opportunity Commission (EEOC), or any similar state or local agency, but Executive shall not be entitled to any monetary, injunctive, declaratory, or other relief as a result thereof.
16. No Knowledge of Illegal Activity. Executive acknowledges that Executive has no knowledge of any actions or inactions by any of the Releasees or by Executive that Executive believes could possibly constitute a basis for a claimed violation of any federal, state, or local law, any common law or any rule promulgated by an administrative body.