Joyce M. and Thomas J. Hamm - Page 4

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          after October 1992 and that he should find another position                 
          within IBM or sign up for the IBM Modified and Extended                     
          Individual Transition Option Program (the ITO II Program).  The             
          ITO II program provided a lump-sum cash payment and other                   
          benefits in exchange for signing a General Release and Covenant             
          Not to Sue (the release).                                                   
               On July 31, 1992, after 2 days of unsuccessfully seeking               
          another position within IBM, petitioner signed up for the ITO II            
          program and executed the release, which provided in relevant                
               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, * * * you                 
               are encouraged to discuss this with your management or                 
               Personnel before signing this release. * * *                           
               In exchange for the sums and benefits which you will                   
               receive pursuant to the terms of the * * * [ITO II                     
               Program], Thomas J. Hamm[3] (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,                 

          3    The name Thomas J. Hamm was typed into a space provided in             
          the Release.                                                                

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