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Program], M. M. Brennan[2] (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 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.
* * * * * * *
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 amount of repayment will be based on
the number of weeks off the IBM payroll compared
with the number of weeks' salary used to calculate
your payment.
On July 31, 1992, petitioner signed the release. At the
time of signing the release petitioner had no legal claims
pending in either State or Federal court against IBM for unlawful
2 The name M. M. Brennan was typewritten in a blank space
provided in the release.
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