Joseph J. and Lillian A. Gajda - Page 4

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          written and covers any and all possible and potential claims in             
          contract or in tort arising from employment or termination of               
          employment.  Pertinent sections of the release read as follows:             
                    In exchange for the sums and benefits which you                   
               will receive pursuant to the terms of the * * * [ITO II                
               Program], (Name of Individual) (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.                              
                         *    *    *    *    *    *    *                              
               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.                                                     
               At some time during 1993, petitioner signed the release.  At           
          the time of signing the release petitioner had no legal claims              
          for unlawful employment practices pending against IBM, nor had he           
          lodged any informal complaints against the company.  Petitioner,            
          however, thought that he was forced by IBM to leave the company             






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