BEFORE YOU SIGN THIS RELEASE
If you feel that you are being coerced to sign this release or
that your signing would for any reason not be voluntary, or you
believe the process by which you have been offered this release
or the payment in exchange for this release is discriminatory,
[footnote discussing various types of unlawful discrimination
omitted] you are encouraged to discuss this with your management
or Personnel before signing this release. After reviewing the
release with your attorney, you can discuss concerns you have
with your manager or your attorney can contact legal counsel at
your location. You should thoroughly review and understand the
effects of the release before signing it.
In exchange for the sums and benefits which you will receive
pursuant to the terms of the [ITO II Program], Jesse Webb[']
(hereinafter "you") agrees to release [IBM] 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 or the termination of that
employment. You agree that this also releases from liability
IBM's agents, directors, officers, employees, representatives,
successors and assigns (hereinafter "those associated with IBM").
* * * 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 or state law dealing with
discrimination in employment on the basis of sex, race, national
origin, religion, disability, 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 release does not
include your vested rights, if any, in the IBM Retirement Plan,
which survive unaffected by this release.
3. This release does not waive any claims that you may have
which arise after the date you sign this release.
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* * * * * * *
6.In the event of rehire by IBM or any of its
subsidiaries as a regular employee, you understand that
IBM reserves the right to require repayment of a
prorated portion of the ITO II Program payment. The
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Last modified: May 25, 2011