America Online 2010 Annual Report Download - page 222

EXHIBIT A
Release and Waiver
In exchange and consideration for the Company's promises to me in paragraph 5.A of my Agreement dated June 11, 2010 and other valuable consideration, I,
Julie Jacobs, agree to release and discharge unconditionally the Company and its past and present subsidiaries, affiliates, related entities, successors,
predecessors, assigns, merged entities and parent entities, and its and their respective past and present officers, directors, stockholders, employees, benefit
plans and their administrators and trustees, agents, attorneys, insurers, representatives, affiliates, and all of their respective successors and assigns, in their
individual and official capacities, from any and all claims, actions, causes of action, demands, obligations or damages of any kind arising from my
employment with the Company and my separation from employment or otherwise, whether known or unknown by me, which I ever had or now have upon or
by reason of any matter, cause or thing, up to an including the day I sign this Release and Waiver. Without limiting the generality of the foregoing, the claims
I am waiving include, but are not limited to, all claims arising out of or related to any stock options held by me or granted to me by the Company; all claims
for unreimbursed business-related expenses (except in California); 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) and similar state and local statutes, all as amended; all claims under the Americans with
Disabilities Act, as amended; all claims under the Age Discrimination in Employment Act ("ADEA"), as amended; all claims under the Older Workers
Benefit Protection Act ("OWBPA"), as amended; all claims under the National Labor Relations Act, as amended; all claims under the Family and Medical
Leave Act and similar state and local leave laws, all as amended; all claims under the Employee Retirement Income Security Act, as amended (except with
respect to accrued vested benefits under any retirement or 401(k) plan in accordance with the terms of such plan and applicable law); all claims under 42
U.S.C. § 1981, as amended; all claims under the Sarbanes-Oxley Act of 2002, as amended; all claims of discrimination, harassment, and retaliation in
connection with my employment, the terms and conditions of such employment and my separation from employment under any federal, state and local fair
employment, non-discrimination or civil rights law or regulation, including, without limitation, the New York State and City Human Rights Laws, the Texas
Human Rights law, the Illinois Human Rights Act, the Chicago Human Rights Ordinance, the Cook County Human Rights Ordinance, the Illinois Equal Pay
Act, and the Illinois Worker's Compensation Retaliation Law, all as amended; all claims of whistle blowing and retaliation under federal, state and local laws,
including, without limitation, the New Jersey Conscientious Employee Protection Act and the Illinois Whistleblower Act, as amended and applicable; all
claims under other analogous foreign, federal, state, and local laws, regulation, statutes and ordinances; all claims under any principle of common law or
sounding in tort or contract; all claims concerning any right to reinstatement; and all claims for any type of relief from the Company, whether foreign, federal,
state or local, whether statutory, regulatory or common law, and whether tort, contract or otherwise, to the fullest extent permitted by law, through the date I
sign this Release and Waiver. Further, each of the persons and entities released herein is intended to be a third-party beneficiary of this Agreement. This
release of claims does not affect or waive any claim for workers' compensation benefits, unemployment benefits, or other legally non-waivable rights or
claims, my vested rights, if any, in the Company's 401(k) plan in accordance with the terms of such plan and applicable law, or my rights to exercise any and
all Company stock options held by me that are exercisable as of the date of the termination of my employment during the applicable period of exercise and in
accordance with all other terms of those options and the stock options plans, agreements, and notices under which such options were granted, or claims related
to the enforcement of the Agreement. Additionally, nothing in this Release and Waiver waives or limits my right to file a charge with, provide information to
or cooperate in any investigation of or proceeding brought by a government agency, including without limitation the EEOC, (though I acknowledge I am not
entitled to recover money or other relief with respect to the claims waived in
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