These excerpts taken from the DTV 10-K filed Mar 1, 2005.
GENERAL RELEASE AND WAIVER OF CLAIMS UPON SEPARATION
This General Release and Waiver of Claims upon Separation (Release) is entered into by the undersigned, (Employee) and Hughes Electronics Corporation, its parent, subsidiary and affiliated companies (Hughes), collectively referred to as Parties.
In exchange for the consideration set forth in the Amended and Restated Executive Change in Control Severance Agreement dated , 2001 which is incorporated herein, Employee hereby acknowledges full and complete satisfaction and hereby releases and forever discharges Hughes and each of its agents, directors, officers, and employees from any and all claims arising from or connected with his employment by, or separation from Hughes, including but not limited to, any actions brought in tort or for breach of contract, or claims arising under the California Labor Code, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (ADEA) the California Fair Employment and Housing Act, the Fair Labor Standards Act, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, and any other federal or state statute, law or regulation relating to employment.
It is understood and agreed that this Release covers all known or unknown or unanticipated injuries, claims or damages.
In accordance with the Older Workers Benefit Protection Act of 1990, Employee is aware of the following with respect to his release of any claims under the ADEA:
(1) He has the right to consult with an attorney before signing this Release.
(2) He has twenty-one (21) days, in which to consider this Release and any ADEA claim; and
(3) He has seven (7) days after signing this Release to revoke his release.
This Release shall not be effective until the expiration of seven (7) days following its execution by Employee.
Employee represents and agrees to keep the terms and conditions of this Release and the Separation Agreement strictly confidential and Employee agrees not to disclose its contents to anyone other than his immediate family and professional representatives who likewise are bound by confidentiality, or as may be required by applicable law.
This Release shall not be deemed or construed as an admission of liability or wrongdoing by Hughes or others released herein.
Employee understands and agrees that he will immediately turn over to Hughes all documents and property which he has received from Hughes which are the property of Hughes. After separation, Employee will comply with his obligation not to use Company proprietary or confidential information.
Employee affirms and represents that he is entering into this Release freely and voluntarily, and that he is acting under no other inducement, or under any coercion, threat or duress. Employee acknowledges that the contents of this document have been explained to him and he understands the meaning and legal effect of this Release.