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b. "Agreement"means this Settlement Agreement and General Release of
<br /> All Claims.
<br /> c. "Claims"means any debt, obligation, demand,application for attorneys'
<br /> fees and/or dispute resolution costs, cause of action,judgment, controversy, or claim of any kind
<br /> whatsoever between Employee and Employer,by reason of or arising out of any matter, act,
<br /> omission, transaction, occurrence, or event that occurred or is alleged to have occurred on or
<br /> before the Effective Date of this Agreement, including but not limited to: (1) any Claims for any
<br /> monetary damages, injunctive relief, and/or attorneys' fees and costs, (2)any Claims that have
<br /> been or could have been asserted by Employee in the Actions or otherwise; (3)any Claims
<br /> arising out of Employee's employment relationship with Employer(including, but not limited to,
<br /> the termination thereof)or Employee's providing services to Employer; (4) any Claims for
<br /> salary,wages, bonuses,reinstatement,reemployment, or employment benefits of any kind
<br /> (including, but not limited to, Claims under continuing employee benefit plans or claims under
<br /> ERISA), stock options,restricted stock units, or any other stock purchase plans of Employer, or
<br /> damages of any kind whatsoever; (5) any Claims for compensatory or exemplary damages;
<br /> (6)any Claims relating to or arising under any federal or state law, statute or regulation, or other
<br /> government law, including,but not limited to, claims under Title VII of the Civil Rights Act of
<br /> 1964, as amended; claims under the Civil Rights Act of 1991; claims under the
<br /> Age Discrimination in Employment Act of 1967, as amended; claims under 42 U.S.C. § 1981,
<br /> § 1981 a, § 1983, § 1985, or§ 1988; claims under the Family and Medical Leave Act of 1993;
<br /> claims under the Americans with Disabilities Act of 1990, as amended; claims under USERRA;
<br /> claims under the Fair Labor Standards Act of 1938, as amended; claims under the Employee
<br /> Retirement Income Security Act of 1974, as amended; claims under the Worker Adjustment and
<br /> Retraining Notification Act; claims under the Washington Law Against Discrimination; claims
<br /> under the Equal Pay Act; claims under the Older Workers Benefit Protection Act; and claims
<br /> under the National Labor Relations Act, as amended; (7)any Claim for victim-specific relief;
<br /> and (8)any Claims arising at common law or in equity, including, but not limited to, breach of
<br /> contract(express or implied), quasi-contract,promissory estoppel, fraud, misrepresentation,
<br /> defamation, any theory of negligence, negligent supervision, negligent or intentional infliction of
<br /> emotional distress,wrongful discharge, any covenant of good faith and fair dealing(express or
<br /> implied), any theory of retaliation, any theory of discrimination or harassment in any form, any
<br /> legal restriction on Employer's light to terminate employees, or any other legal theory.
<br /> d. "Court"means United States District Court, Western District of
<br /> Washington.
<br /> e. "USERRA Investigation" means the USERRA investigation, Case
<br /> No. WA-2018-00003-20-R, conducted by the U.S. Dept. of Labor and Dept. of Justice.
<br /> f. "Effective Date"means the fist date upon which all of the following have
<br /> occurred: (1)Employee has executed this Agreement; (2) the executed Agreement has been
<br /> timely returned to Employer's Counsel of Record; (3) the Agreement has been countersigned by
<br /> Employer,which Employer shall do promptly upon receipt; and (4) the revocation period
<br /> described in Section 17, below, has expired.
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<br /> Employee Initials
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