Neil D. and Vy Lubart - Page 4

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          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], N. D. Lubart (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.                                                     
               On July 31, 1992, 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             
          and therefore had a claim against IBM for age discrimination and            
          emotional distress.                                                         

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