America Online 2010 Annual Report Download - page 233

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 of its past or present
subsidiaries, affiliates, related entities, predecessors, merged entities and parent entities, benefit plans, and all of their respective past and present officers,
directors, stockholders, employees, benefit plan administrators and trustees, agents, attorneys, insurers, representatives, affiliates, and all of their respective
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 from that employment or otherwise, whether known or unknown to you, whether under federal, state or local law (whether
constitutional, statutory, regulatory or decisional) 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. Without limiting the generality of the foregoing, 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 of discrimination or harassment on the basis of sex, race, age, national origin, religion, sexual orientation, disability, veteran status
or any other legally protected category, and of retaliation; all claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment
Act, the Older Workers Benefit Protection Act ("OWBPA"), the Americans with Disabilities Act, and all other federal, state and local fair employment and
anti-discrimination laws, all 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 National Labor Relations Act, as amended; all claims under the Family and Medical Leave Act and other federal,
state and local leave laws, all as amended; all claims under the Employee Retirement Income Security Act (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; all claims of whistleblowing and retaliation under federal, state and local laws; all claims under any principle of
common law or sounding in tort or contract; all claims concerning any right to reinstatement; all claims for attorneys' fees, costs, damages or other relief
(monetary, equitable or otherwise) from the Company, whether under federal, state or local law, whether statutory, regulatory or common law, to the fullest
extent permitted by law. Further, each of the persons and entities released herein is intended to be a third-party beneficiary of this Separation 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; claims that arise after you sign this Separation Agreement; your right to exercise any and all Company stock options held by you that are exercisable
as of your Separation Date 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 your right to enforce the terms of this Separation Agreement. Additionally, nothing in this
Separation Agreement waives or limits your right to file a charge with, provide information to or cooperate in any investigation of or proceeding brought by a
government agency (though you acknowledge you are not entitled to recover money or other relief with respect to the claims waived in this Separation
Agreement).
9. You agree to assist the Company, in connection with any litigation, investigation or other
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