RETIREMENT AGREEMENT

Exhibit 10.1

R ETIREMENT A GREEMENT

This Retirement Agreement (“Agreement”) is made and entered into the 22nd day of January, 2005, between Thomas M. Coughlin (“Associate”), a resident of Benton County, Arkansas, and Wal-Mart Stores, Inc., a Delaware corporation, its subsidiaries and affiliates (collectively “Wal-Mart”).

In consideration of the mutual covenants contained in this Agreement, and other lawful consideration recited herein, the parties agree as follows:

1. Retirement Date . The Associate will retire from employment with Wal-Mart on January 24, 2005 (the “Retirement Date”). Associate will remain as a member of the Board of Directors of Wal-Mart until the end of his current term, which expires on the day of the Company’s Annual Shareholders’ Meeting to be held in June 2005.

2. Retirement Benefits . Wal-Mart will provide the following benefits to the Associate, subject to Associate’s compliance with the terms hereof:

(a) Transition Payments . The Associate reaffirms his obligations as set forth in the Special Stock Option Grant , Post-Termination Agreement and Covenant Not to Compete , between Wal-Mart and Associate, dated September 3, 1998 (the “Non-Compete Agreement”). Provided that Associate complies with the terms of the Non-Compete Agreement, Associate will receive the transition payments described in the Non-Compete Agreement between Wal-Mart and the Associate, which shall be based on the Associate’s current annual base salary of One Million Forty Thousand Dollars ($1,040,000.00). A copy of the Non-Compete Agreement is attached hereto as Exhibit A and incorporated herein by reference. All other terms and conditions of the Non-Compete Agreement will remain in full force and effect.

(b) Unvested Stock Benefits.

(i) Restricted Stock Awards . Wal-Mart and Associate acknowledge that Associate currently has unvested restricted stock grants representing 242,774 shares of Wal-Mart common stock (the “Unvested Restricted Stock Awards”) granted to him under the Wal-Mart Stores, Inc. Stock Incentive Plan of 1998, as amended January 15, 2004, and the Wal-Mart Stores, Inc. 1997 Restricted Stock Plan (collectively the “Plan”) and under the restricted stock awards (the “Awards”), as described on Exhibit B . The parties further acknowledge that, by their current terms, the Unvested Restricted Stock Awards expire upon Associate’s retirement from Wal-Mart. As additional consideration for this Agreement, and subject to the execution and delivery by Associate to Wal-Mart of the Mutual General Release described in Section 3 below and subject to the other terms and conditions of this Agreement, the Plan and the Awards, Wal-Mart and Associate agree and acknowledge that the applicable terms of the Awards are hereby amended such that, as amended, the Awards shall, and hereafter do, provide as follows:

(A) 186,407 shares of the Unvested Restricted Stock Awards (the “Non-

Forfeited Shares”) shall not be forfeited as a result of the Associate’s retirement from Wal-Mart, as set forth on Exhibit B hereto. 56,367 shares of the Unvested Restricted Stock Awards shall be forfeited as of the Retirement Date.

(B) Subject to the provisions of subparagraph (D) below, the Non-Forfeited Shares shall vest over a five-year post-retirement period (the “Post-Retirement Vesting Period”) as follows:

(C) As soon as practicable after each Vesting Date above, the number of corresponding Non-Forfeited Shares listed above as vesting on such Vesting Date (net of any such shares retained by Wal-Mart to satisfy federal or state withholding tax obligations) shall be delivered to Associate free and clear of all restrictions.

(D) All unvested Non-Forfeited Shares shall be subject to immediate forfeiture by Associate in the event Associate, directly or indirectly:

(i) owns, manages, operates, finances, joins, controls, advises, consults with, renders services to, has a current or future interest in, participates in the ownership, management, operation, financing, or control of, or becomes employed by or connected in any manner with, any Competing Business (as defined below);

(ii) solicits for employment, hires, or offers employment to, or otherwise aids or assists any person or entity, other than Wal-Mart, its subsidiaries or affiliates, in soliciting for employment, hiring, or offering employment to, any employee of Wal-Mart; or

(iii) breaches or otherwise fails to comply with any of the covenants or agreements contained in or provided for under Sections 3, 4, 5 or 6 of this Agreement.

The term “Competing Business” shall mean any general or specialty retail, wholesale, or merchandising business that sells goods or merchandise of the types sold by Wal-Mart at retail or wholesale to consumers or businesses that (i) is located within the

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United States or any other country in which Wal-Mart or its affiliates either operate a store or are known to the Associate to have plans to open or acquire an operation within twenty-four months following the Retirement Date, and (ii) that has gross annual sales volume or revenues attributable to its retail or wholesale operations in excess of U.S. $2 billion or is reasonably expected to have gross sales volume or revenues of more than U.S. $2 billion in either its current fiscal year or in the first fiscal year of such business commencing after the Retirement Date. “Competing Business” as of the date of this Agreement shall include, but is not limited to, such entities as Target, Costco, K-Mart, Home Depot, Dollar General, Family Dollar, Kohls, Hudson’s Bay Company, Carrefour, HEB, Fred Meyers, Tesco, Metro, Lowes, BJ’s Wholesale Company, Best Buy, PetsMart, Kroger, Circuit City, Rite Aid, Walgreens, ShopKo, Pamida, Safeway, Meijer, Winn Dixie, A&P, Toys R Us, Staples, Sears, and The Limited. Ownership of less than the greater of $25,000 or 1% of any class of equity or debt security of a Competing Business will not be deemed ownership or participation in ownership of a Competing Business for purposes of this Agreement. The provisions of this subparagraph 2(b)(i)(D) shall amend and replace the non-competition provisions contained in the Awards.

Notwithstanding the foregoing, the Chief Executive Officer and Chairman of the Board of Directors of Wal-Mart shall have the discretion to approve a request by the Associate to serve on the Board of Directors of an entity that would otherwise constitute a Competing Business within the meaning of this Agreement; provided however, such approval must be executed in writing by the Chief Executive Officer and Chairman of the Board of Wal-Mart and delivered to the Associate.

(E) Unless previously forfeited pursuant to subparagraph (D) of this Section 2(b)(i), all unvested Non-Forfeited Shares shall immediately vest upon Associate’s death. Non-Forfeited Shares shall not vest upon any disability of Associate.

(F) This Section 2(b)(i) shall constitute a valid and binding amendment to the applicable Awards. Wal-Mart acknowledges that its Compensation Committee has approved of the amendments to the Awards as contained herein.

(G) In the event of any inconsistencies between this Agreement and the Awards, this Agreement shall govern.

(H) The Associate acknowledges that upon retirement he would not otherwise be entitled to receive the benefits contained in this Section 2(b)(i), and that such benefits are in addition to, and are in excess of, any consideration the Associate would have received on his retirement.

(ii) Unvested Stock Options . Nothing contained in this Agreement shall be construed as amending unvested stock options granted to Associate under the Plan or otherwise. Wal-Mart and Associate agree and acknowledge that any unvested stock option grants to Associate will be forfeited in accordance with their terms on the Retirement Date.

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(c) MIP Payout . The Associate will be eligible to receive a final payment in March 2005 under the terms of Wal-Mart’s Management Incentive Plan (“MIP”), such payment to be pro rated to the Retirement Date.

(d) Medical and Dental Benefits . The Associate will be eligible under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) to continue his present group medical and dental coverage, if any, for up to eighteen (18) months from the Retirement Date (the “COBRA Period”), to the extent provided by and subject to the terms of COBRA. Upon the expiration of the COBRA Period, and conditional upon the Associate’s continuing compliance with the covenants contained in Sections 2, 3, 4, 5 and 6 of this Agreement, Wal-Mart will provide the Associate and his spouse, Cynthia Coughlin, with medical and dental coverage, in each case, until the earlier to occur of the Associate’s or Cynthia Coughlin’s: (i) 65 ^th birthday, (ii) death, or (iii) the date he or she otherwise becomes eligible to receive Medicare benefits. Wal-Mart will also provide Associate’s son, Michael Coughlin, with medical and dental coverage until he reaches twenty-three (23) years of age. Such medical and dental coverage shall be comparable to the coverage the Associate, Cynthia Coughlin, and Michael Coughlin would have received from Wal-Mart had they continued to be participants in Wal-Mart’s group medical and dental plans (subject to applicable deductibles, co-payments and other limitations contained in such group plans); provided that, the Associate, Cynthia Coughlin, and Michael Coughlin shall recognize in income, as may be required under applicable tax law, the cost of such coverage and bear responsibility for any tax liability.

(e) Other Payments and Benefits . The Associate will receive the other payments and benefits previously earned and vested under existing benefit plans as of the Retirement Date. A separate Retirement Information Work Sheet which describes those benefits has been delivered to Associate. The Associate’s participation in all other benefit programs will end on the Retirement Date.

3. Mutual General Release . The Associate will execute a Mutual General Release of Wal-Mart in the form attached hereto and incorporated herein by reference as Exhibit C .

4. Cooperation . Due to his position as Vice Chairman of the Board of Wal-Mart, and as the senior operational officer of the U.S. operations of the Wal-Mart Stores Division and Sam’s Club Division of Wal-Mart, the Associate may from time to time after the Retirement Date be called upon to testify or provide information to Wal-Mart in connection with employment-related and other legal proceedings involving Wal-Mart. The Associate will provide reasonable assistance to and will cooperate with and support Wal-Mart in connection with any litigation, arbitration, or judicial or non-judicial administrative proceeding that may exist or may subsequently arise regarding events as to which the Associate has knowledge by virtue of his position with Wal-Mart. Wal-Mart will compensate the Associate for reasonable travel expenses and other expenses incidental to any such cooperation provided to Wal-Mart at its request, and will pay the Associate Five Hundred Dollars ($500.00) for each hour spent providing such support to Wal-Mart.

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5. Confidential Information . The Associate agrees that he will not at any time directly or indirectly use or disclose any confidential information obtained during the course of his employment with Wal-Mart, except when previously authorized by Wal-Mart in writing. “Confidential Information” means information designated as such by Wal-Mart pertaining to the business of Wal-Mart, and includes, without limitation, trade secrets obtained by the Associate during the course of, or as a result of, his employment with Wal-Mart, including, without limitation, information regarding processes, suppliers (including the terms, conditions or other business arrangements with suppliers), advertising and marketing plans and strategies, profit margins, seasonal plans, goals, objectives, projections, compilations and analyses regarding Wal-Mart’s business, trade secrets, salary, staffing, compensation, promotion, diversity objectives and other employment-related data, and any know-how, techniques, practices or non-public technical information regarding the business of Wal-Mart. However, “Confidential Information” shall not include: (1) information that is in the public domain at the time of its disclosure to the Associate, or if not in the public domain at the time of its disclosure to the Associate, which enters into the public domain through no involvement of the Associate after its disclosure to the Associate, or (2) information that the Associate receives from a third-party who is under no obligation of confidentiality to Wal-Mart. On the Retirement Date, the Associate shall return to Wal-Mart all documentation, programs, software, equipment, statistics, and other written (including information stored electronically) business materials of or concerning Wal-Mart, including all Confidential Information of Wal-Mart in Associate’s possession. The Associate acknowledges that the obligations set out herein with respect to Confidential Information will remain in effect for a period of seven (7) years following the date of this Agreement, or until such time as the Confidential Information becomes public other than through publication by the Associate.

6. Public Statements . The Associate agrees that all public statements by or attributable to him regarding Wal-Mart, any past, present or future plans or business activities of Wal-Mart, or any officers, directors, employees or affiliates of Wal-Mart will be coordinated in advance through Wal-Mart’s Corporate Affairs Department.

7. Associate Consent . The Associate acknowledges that Wal-Mart has informed him that he may take up to twenty-one (21) days from receipt of this Agreement to consider this Agreement before signing it. He further understands that he is not required to wait the full twenty-one (21) day period before signing, and understands that he may sign and return the Agreement at any time prior to the expiration of twenty-one (21) days. The Associate also understands that he may revoke this Agreement at any time in the seven (7) days following its execution, and this Agreement will not become effective or enforceable until this seven (7) day revocation period has expired. The Associate acknowledges that no benefits or rights will inure to Associate under Section 2(b) or (c) of this Agreement until each of the following has occurred: (i) the revocation period has expired without revocation by Associate and (ii) this Agreement and the Mutual General Release described in Section 3 above have been executed by Associate and delivered to Wal-Mart.

8. Statement of Ethics . The Associate acknowledges that he has read and understands Wal-Mart’s Statement of Ethics (PD-10) and agrees to abide by the provisions thereof to the extent applicable to former Wal-Mart associates. A copy of the Statement of Ethics is attached hereto as Exhibit D and incorporated herein by reference.

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9. Advice of Counsel . The Associate acknowledges that he has been advised to consider this Agreement carefully and to review it with legal counsel of his choice. The Associate also acknowledges that he understands the provisions of this Agreement and has been given the opportunity to seek independent legal advice before signing this Agreement.

10. Miscellaneous.

[Remainder of Page Intentionally Left Blank]

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IN WITNESS WHEREOF , the undersigned have set their hands the day and year first written above.

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Exhibit A

To

Retirement Agreement

Special Stock Option Grant, Post-Termination Agreement

And Covenant Not To Compete

SPECIAL STOCK OPTION GRANT, POST-TERMINATION

AGREEMENT AND COVENANT NOT TO COMPETE

This Special Stock Option Grant, Post-Termination Agreement, and Covenant Not to Compete is entered into this 3d day of September, 1998 by and between Wal-Mart Stores, Inc. (hereinafter “Wal-Mart”) and Thomas M. Coughlin (hereinafter “the Associate”). The parties agree as follows:

1. ACKNOWLEDGMENTS. As part of this Agreement, the parties specifically acknowledge that

(A) Wal-Mart is a major retail operation, with stores located throughout the United States and in certain foreign locations;

(B) the Associate presently holds a position as Executive Vice President – Operations of Wal-Mart, and is a key executive as defined by the Executive Committee;

(C) as an essential part of its business, Wal-Mart has cultivated long term customer and vendor relationships and goodwill, which are difficult to develop and maintain, which require a significant investment of time, effort, and expense, and which can suffer significantly upon the departure of key executives;

(D) in the development of its business, Wal-Mart has also expended a significant amount of time, money, and effort in developing and maintaining confidential, proprietary, and trade secret information which, if disclosed or misused, could harm Wal-Mart’s business and its competitive position in the retail marketplace;

(E) as Executive Vice President - Operations, the Associate has access to confidential and proprietary trade secret information and other confidential information, including business plans and strategies, that would be of considerable value to Wal-Mart’s competitors; and

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(F) Wal-Mart is entitled to take appropriate steps to ensure (i) that its Associates do not make use of confidential information gained during the course of their employment with Wal-Mart and (ii) that no individual associate or competing entity gains an unfair competitive advantage over Wal-Mart.

2. SPECIAL STOCK OPTION GRANT. If the Associate executes this Agreement on or before March 31, 1998, Wal-Mart will award to the Associate a Special Stock Option Grant equivalent to a One Hundred Percent (100%) of the Associate’s base salary in effect on the date of this Agreement. The Special Stock Option Grant will be in addition to any other stock options, restricted stock, stock grants, or similar entitlements that the employee may receive, or may previously have received, under any other plan or program maintained by Wal-Mart. The Special Stock Option Grant will vest in seven equal annual installments commencing one (1) year from the date of the grant, and shall in all regards be governed by the terms of the Wal-Mart Stores, Inc. Stock Option Plan.

3. TRANSITION PAYMENTS. In the event that Wal-Mart should initiate the termination of the Associate’s employment, Wal-Mart will, for a period of two (2) years from the effective date of such termination (“the Transition Period”), continue to pay the Associate his or her base salary at the rate in effect on the date of termination, subject to such withholding as may be required by law and subject to the following conditions and offsets:

(A) Transition Payments will not be payable if the Associate is terminated as the result of a violation of Wal-Mart policy;

(B) In the event that the Associate is demoted or reassigned so that he or she ceases to be a key executive as defined or determined by the Executive Committee, the Associate will no longer be bound by the Covenant Not to Compete set forth in Paragraph 4 below and will cease to be eligible for any of the benefits or payments (e.g., Transition Payments) provided by this Agreement. In addition, it is understood that, upon ceasing to be a key executive, the Associate would forfeit the stock options

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granted by this Agreement, but only to the extent that those options have not vested as of the date of demotion or reassignment;

(C) No Transition Payments will be payable if the Associate voluntarily resigns or retires from his or her employment with Wal-Mart;

(D) Given the availability of other programs designed to provide financial protection in such circumstances, Transition Payments will not be payable under this Agreement in the event of the Associate’s death or disability. If the Associate should die during the Transition Period, Transition Payments will cease at that time, and his or her heirs will have no entitlement to the continuation of such payments. Transition Payments will not be affected by the disability of the Associate during the Transition Period.

(E) Transition Payments will be offset by any amounts that the Associate may earn during the Transition Period by virtue of self-employment or employment with, or involvement in, an entity other than a Competing Business as defined in Paragraph 4(B) below. Violation by the Associate of his obligations under Paragraph 4 or Paragraph 5 below, or any other act that is materially harmful to Wal-Mart’s business interests, during the Transition Period will result in the immediate termination of Transition Payments in addition to any other remedies that may be available to Wal-Mart;

F) Transition Payments will be payable on such regularly scheduled paydays as may be adopted and instituted by Wal-Mart for its other salaried employees.

G) Receipt of Transition Payments will not entitle the Associate to participate during the Transition Period in any of the other incentive, stock option, profit sharing, or other associate benefit plans or programs maintained by Wal-Mart, and the Associate shall be entitled to participate in such plans or programs only to the extent that the terms of the plan or program provide for participation by

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former associates. Such participation, if any, shall be governed by the terms of the applicable plan or program.

4. COVENANT NOT TO COMPETE. In exchange for the Special Stock Option Grant set forth in Paragraph 2, for his or her inclusion in the Transition Payment program set forth in Paragraph 3, and for other good and valuable consideration, the Associate agrees, promises, and covenants as follows:

(A) For a period of two (2) years from the date on which his or her employment with Wal-Mart terminates, and regardless of the cause or reason for such termination, the Associate will not directly or indirectly

(i) own, manage, operate, finance, join, control, advise, consult, render services to, have a current or future interest in, or participate in the ownership, management, operation, financing, or control of, or be employed by or connected in any manner with, any Competing Business as defined below in Paragraph 4(B); or

(ii) solicit for employment, hire or offer employment to, or otherwise aid or assist any person or entity other than Wal-Mart in soliciting for employment, hiring, or offering employment to, any employee of Wal-Mart or any of its affiliates;

(B) For purposes of this Agreement, the term “Competing Business” shall include any general or specialty retail, wholesale, or merchandising business that sells goods or merchandise of the types sold by Wal-Mart at retail to consumers that (i) is located within the United States or any other country in which Wal-Mart or its affiliates either operate a store or are known to the Associate to have plans to open or acquire an operation within the next twenty-four (24) months, and (ii) that has gross annual sales volume or revenues attributable to its retail operations in excess of U.S. $2 billion or is reasonably expected to have gross sales volume or revenues of more than U.S. $2 billion in either the current fiscal

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year or the next following fiscal year. “Competing Business” as of the date of this Agreement shall specifically include, but is not limited to, such entities as Target/Dayton Hudson, Costco, K-Mart, Home Depot, Dollar General, Family Dollar, Kohls, Hudson Bay Company, Carrefour, HEB, and Fred Meyers.

(C) Ownership of an investment of less than the greater of $25,000 or 1% of any class of equity or debt security of a Competing Business will not be deemed ownership or participation in ownership of a Competing Business for purposes of this Agreement.

(D) The covenant not to compete contained in this Paragraph 4 shall be binding upon the Associate, and shall remain in full force and effect, regardless of whether the Associate qualifies, or continues to remain eligible, for the Transition Payments described in Paragraph 3 above. Termination of the Transition Payments pursuant to Paragraph 3 will not release the Associate from his or her obligations under this Paragraph 4.

5. PRESERVATION OF CONFIDENTIAL INFORMATION. The Associate agrees that he or she will not at any time, directly or indirectly, use or disclose any Confidential Information obtained during the course of his or her employment with Wal-Mart except as may be authorized by Wal-Mart. “Confidential Information” shall include any non-public information pertaining to Wal-Mart’s business, and shall include information obtained by the Associate during the course of, or as a result of, his or her employment with Wal-Mart, including, without limitation, information regarding Wal-Mart’s processes, suppliers (including the terms, conditions, or other business arrangements with such suppliers), advertising and marketing plans and strategies, profit margins, seasonal plans, goals, objectives and projections, compilations, analyses, and projections regarding Wal-Mart’s business, trade secrets, salary, staffing, compensation, and other employment data, and any “know-how,” techniques, practice or any technical information not of a published nature regarding Wal-Mart’s business.

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6. REMEDIES FOR BREACH. The parties shall each be entitled to pursue all legal and equitable rights and remedies to secure performance of their respective obligations and duties under this Agreement, and enforcement of one or more of these rights and remedies will not preclude the parties from pursuing any other rights and remedies. The Associate acknowledges that a breach of the provisions of Paragraph 4 or Paragraph 5 above could result in substantial and irreparable damage to Wal-Mart’s business, and that the restrictions contained in Paragraphs 4 and 5 are a reasonable attempt by Wal-Mart to protect its rights and to safeguard its confidential information. The Associate expressly agrees that upon a breach or a threatened breach by the Associate of the provisions of Paragraph 4 or Paragraph 5, Wal-Mart will be entitled to injunctive relief to restrain such violation, and the Associate hereby expressly consents to the entry of such temporary, preliminary, and/or permanent injunctive relief as may be necessary to enjoin the violation of Paragraph 4 or Paragraph 5. The parties further agree that any action relating to the interpretation, validity, or enforcement of this Agreement shall be brought in the appropriate state or federal court encompassing Benton County, Arkansas, and the parties hereby expressly consent to the jurisdiction of such courts. The Associate further agrees that in any claim or action involving the execution, interpretation, validity, or enforcement of this Agreement, he or she will seek satisfaction exclusively from the assets of Wal-Mart, and will hold harmless all of Wal-Mart’s individual directors, officers, employees, and representatives.

7. SEVERABILITY. In the event that a court of competent jurisdiction shall determine that any portion of this Agreement is invalid or otherwise unenforceable, the parties agree that the remaining portions of the Agreement shall remain in full force and effect. The parties also expressly agree that if any portion of the covenant not to compete set forth in Paragraph 4 shall be deemed unenforceable, then the Agreement shall automatically be deemed to have been amended to incorporate such terms as will render the covenant enforceable to the maximum extent permitted by law.

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8. NATURE OF THE RELATIONSHIP. Nothing contained in this Agreement shall be deemed or construed to constitute a contract of employment for a definite term. The parties acknowledge that the Associate is not employed by Wal-Mart for a definite term, and that either party may sever the employment relationship at any time and for any reason not otherwise prohibited by law.

9. ENTIRE AGREEMENT. This document contains the entire understanding and agreement between the Associate and Wal-Mart regarding the subject matter of this Agreement. This Agreement supersedes and replaces any and all prior understandings or agreements between the parties regarding this subject, and no representations or statements by either party shall be deemed binding unless contained herein.

10. MODIFICATION. This Agreement may not be amended, modified, or altered except in a writing signed by both parties or their designated representatives.

11. SUCCESSORS AND ASSIGNS. This Agreement will inure to the benefit of, and will be binding upon, Wal-Mart, its successors and assigns, and on the Associate and his or her heirs, successors, and assigns. No rights or obligations under this Agreement may be assigned to any other person without the express written consent of all parties hereto.

12. COUNTERPARTS. This Agreement may be executed in counterparts, in which case each of the two counterparts will be deemed to be an original and the final counterpart will be deemed to have been executed in Bentonville, Arkansas.

13. GOVERNING LAW. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arkansas.

14. STATEMENT OF UNDERSTANDING. By signing below, the Associate acknowledges (a) that he or she has received a copy of this Agreement, (b) that he or she has read the Agreement carefully before signing it, (c) that he or she has had ample opportunity to ask questions concerning the

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Agreement and has had the opportunity to discuss the Agreement with legal counsel of his or her own choosing, and (d) that he or she understands his or her rights and obligations under this Agreement, and enters into this Agreement voluntarily.

WAL-MART STORES, INC.

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Exhibit B

To

Retirement Agreement

RESTRICTED STOCK AWARDS

Exhibit C

To

Retirement Agreement

Mutual General Release

Mutual General Release

This Mutual General Release (“Release” ) is made and delivered in accordance with that certain Retirement Agreement (“Agreement”), dated January 22, 2005, between Thomas C. Coughlin (“Associate”), a resident of Benton County, Arkansas, and Wal-Mart Stores, Inc., a Delaware corporation, its subsidiaries and affiliates (collectively “Wal-Mart”). This Release should be read in conjunction with the Agreement and construed in a manner consistent with the Agreement.

The Associate also releases any and all claims he may have that arose prior to the date of this Release, and hereby specifically waives and releases all claims under Title VII of The Civil Rights Act of 1964 , as amended, The Civil Rights Act of 1991 , as amended, The American With Disabilities Act , as amended, The Age Discrimination in Employment Act , as amended, The Consolidated Omnibus Reconciliation Act (COBRA), as amended, The Family and Medical Leave Act , as amended, The Employment Retirement Income Security Act of 1974 (ERISA), as amended, and any and all local, state or federal statutes, ordinances or regulations, as well as all claims arising under federal, state, or local law involving wrongful discharge, intentional infliction of emotional distress, the tort of outrage, or any other claims of any nature whatsoever.