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(IBM). At some time in 1993, he became eligible to participate
in IBM's Austin Transition Program (retirement program). In
exchange for the sums and benefits to be received pursuant to the
retirement program, he was required to sign a general release and
covenant not to sue agreement.
The release agreement provides in part:
In exchange for the sums and benefits which you
will receive pursuant to the terms of the Austin
Transition Program (Name of Individual) (hereinafter
"you") agrees to release International Business
Machines Corporation (hereinafter "IBM") and its
benefits plans from all claims, demands, actions or
liabilities you may have against IBM of whatever kind,
including but not limited to those which are related to
your employment with IBM, the termination of that
employment or other severance payments or your
eligibility or participation in the Retirement Bridge
Leave of Absence. * * *
* * * You also agree that this release covers,
but is not limited to, claims arising from the Age
Discrimination in Employment Act of 1967, as amended,
Title VII of the Civil Rights Act of 1964, as amended,
and any other federal, state or local law dealing with
discrimination in employment, including but not limited
to discrimination based on sex, race, national origin,
religion, disability, veteran status or age. You also
agree that this release includes claims based on
theories of contract or tort, whether based on common
law or otherwise. This agreement covers both claims
that you know about and those that you may not know
about which have accrued by the time you execute this
release. * * *
* * * * * * *
You acknowledge and agree that:
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Last modified: May 25, 2011