This excerpt taken from the PCG 10-Q filed Nov 6, 2008.
a. The Executive will, upon reasonable notice, furnish information and proper assistance to the Company and/or its parent, affiliate or subsidiary (including truthful
testimony and document production) as may reasonably be required by them or any of them in connection with any legal, administrative or regulatory proceeding or investigation (internal or external) in which they or any of them is, or may become, a party, or in connection with any filing or similar obligation imposed by any taxing, administrative or regulatory authority having jurisdiction, provided, however, that the Company and/or its parent, affiliate or subsidiary will pay all reasonable out-of-pocket expenses incurred by the Executive in complying with this paragraph.
b. Until the Resignation Date, the Executive will, as requested by the Company or Chairman, Chief Executive Officer and President of PG&E Corporation, (i) continue to devote his best skill and perform his duties as Chief Executive Officer and President and a member of the board of directors of the Company (including, without limitation, in connection with fulfilling the Company�s reporting obligations to the Securities and Exchange Commission), (ii) cooperate and participate in employee meetings, and (iii) cooperate in communications with media, investment community, regulators, elected officials, other policymakers, government officials and other stakeholders.
5. Release of claims and covenant not to sue.
a. In consideration of the payments and other benefits the Company is providing under this Agreement, the Executive, on behalf of himself and his representatives, agents, heirs and assigns, waives, releases, discharges and promises never to assert any and all claims, liabilities or obligations of every kind and nature, whether known or unknown, suspected or unsuspected that he ever had, now has or might have as of the Effective Date against the Company or its predecessors, parent, affiliates, subsidiaries, shareholders, owners, directors, officers, employees, agents, attorneys, successors, or assigns. These released claims include, without limitation, any claims arising from or related to the Executive�s employment with the Company, its parent or any of its affiliates and subsidiaries, and the termination of that employment. These released claims also specifically include, but are not limited, any claims arising under any federal, state and local statutory or common law, such as (as amended and as applicable) Title VII of the Civil Rights Act, the Age Discrimination in Employment Act, the Americans With Disabilities Act, the Employee Retirement Income Security Act, the California Fair Employment and Housing Act, the California Labor Code, any other federal, state or local law governing the terms and conditions of employment or the termination of employment, and the law of contract and tort; and any claim for attorneys� fees.
b. The Executive acknowledges that there may exist facts or claims in addition to or different from those which are now known or believed by him to exist. Nonetheless, this Agreement extends to all claims of every nature and kind whatsoever, whether known or unknown, suspected or unsuspected, past or present, and the Executive specifically waives all rights under Section 1542 of the California Civil Code which provides that:
c. With respect to the claims released in the preceding paragraphs, the Executive will not initiate or maintain any legal or administrative action or proceeding of any kind against the Company or its predecessors, parent, affiliates, subsidiaries, shareholders, owners, directors, officers, employees, agents, attorneys, successors, or assigns, for the purpose of obtaining any personal relief, nor (except as otherwise required or expressly permitted by law) assist or participate in any such proceedings, including any proceedings brought by any third parties.
d. The Executive agrees to reconfirm the release and covenants set forth herein by executing and returning the attached Exhibit A within 30 days after the Resignation Date. The Company shall be under no obligation to pay any obligation to the Executive accruing after the Resignation Date absent the Executive�s signature and return of the Exhibit A to the Company, unless otherwise required by law. In the event the Executive should die or become legally incapacitated prior to executing and returning the attached Exhibit A, a release similar to that set forth in Exhibit A executed by the Executive�s estate or legal representative will be sufficient to obligate the Company to pay all remaining obligations or benefits.