America Online 2009 Annual Report Download - page 148

c. If you elect to enroll in COBRA benefit continuation, the Company will pay the cost of medical, dental and vision benefit coverage under
COBRA for eighteen (18) months beginning the first day of the calendar month following the termination of your employment.
d. The payments made under paragraphs 6(a) - 6(b) will be paid within thirty (30) days of the Separation Date or the "effective date" of the signed
Separation Agreement, as set forth in paragraph 18 below, whichever is later, but no later than March 15 of the calendar year following the year
of the termination of your employment.
e. You shall not be entitled to notice and severance under any policy or plan of the Company (the payments set forth in this Severance Agreement
being given in lieu thereof).
f. Except as set forth in paragraphs 6(b) and 6(b), you shall not be entitled to receive any other bonus or pro-rated bonus payment.
g. The payments under paragraphs 6(a) — 6(b) shall be made without regard to any duty to mitigate damages and shall not be reduced by any
compensation received by you from any subsequent employment.
7. The payments and other benefits set forth in paragraph 6 are being offered solely in consideration for your execution of this Separation Agreement,
including a release of all claims against the Company as set forth in paragraph 8 below. The payments are not an admission of any wrongdoing by the
Company.
8. In exchange for the Company's agreement as stated above, you agree to release and discharge unconditionally the Company and any successors,
subsidiaries, affiliates, related entities, predecessors, merged entities and parent entities, and their respective officers, directors, stockholders, employees,
benefit plan administrators and trustees, agents, attorneys, insurers, representatives, affiliates, successors and assigns, from any and all claims, actions, causes
of action, demands, obligations or damages of any kind arising from your employment with the Company and the separation of that employment or otherwise,
including the notice of your termination, whether known or unknown to you, which you ever had or now have upon or by reason of any matter, cause or thing,
up to and including the day on which you sign this Separation Agreement. The claims you are waiving include, but are not limited to, all claims arising out of
or related to any stock options held by you or granted to you by the Company which are scheduled to vest subsequent to your Separation Date; all claims
under Title VII of the Civil Rights Act of 1964, as amended; all claims under the Worker Adjustment and Retraining Notification Act (WARN) or similar
state statutes; all claims under the Americans with Disabilities Act; all claims under the Age Discrimination in Employment Act; all claims under the National
Labor Relations Act; all claims under the Older Workers Benefit Protection Act ("OWBPA"); all claims under the Family and Medical Leave Act, to the
extent permitted by law, all claims under the Employee Retirement Income Security Act; all claims under 42 U.S.C. § 1981; all claims under the Sarbanes-
Oxley Act of 2002; all claims under state antidiscrimination laws; except in California, all claims for unreimbursed business expenses; all claims under any
principle of common law; all claims concerning any right to reinstatement; and all claims for any type of relief from the Company, whether federal, state or
local, whether statutory, regulatory or common law, and whether tort, contract or otherwise, to the fullest
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