AGREEMENT AND GENERAL RELEASE
For good and valuable consideration, rendered
to resolve and settle finally, fully and completely all matters or
disputes that now or may exist between them, the parties below
enter this Agreement and General Release:
1.
Parties . The parties to this Agreement are Haseeb
Chaudhry, his heirs, representatives, successors and assigns
(hereinafter referred to collectively as “Mr.
Chaudhry”) and Alpha Innotech Corp., and/or any of its
successors, subsidiaries, affiliates, parties and related companies
(hereinafter referred to collectively as “Alpha
Innotech”).
2. Release
Of Claims By Mr. Chaudhry . In exchange for the promises
contained in this Agreement and to the extent permitted by law, Mr.
Chaudhry hereby waives, releases and forever discharges, and agrees
that he will not in any manner institute, prosecute or pursue, any
and all complaints, claims, charges, liabilities, claims for
relief, demands, suits, actions or causes of action, whether in law
or in equity, which he asserts or could assert, at common law or
under any statute, rule, regulation, order or law, whether federal,
state, or local, or on any grounds whatsoever, including but not
limited to, any claims under Title VII of the 1964 Civil Rights
Act, the Age Discrimination in Employment Act, the California Fair
Employment and Housing Act, Government Code §12900 et
seq. , the California Labor Code, the Americans with
Disabilities Act, the California Family Leave Act, and the Employee
Retirement Income Security Act of 1974 against Alpha Innotech and
any of its current or former owners, officials, directors,
officers, shareholders, affiliates, agents, employee benefit plans,
representatives, servants, employees, attorneys, subsidiaries,
parents, divisions, branches, units, successors, predecessors, and
assigns (collectively referred to as “Released
Parties”) with respect to any event, matter, claim, damage or
injury arising out of Mr. Chaudhry’s employment relationship
with Alpha Innotech, and the termination of such employment
relationship, and with respect to any other claim, matter, or event
related to Mr. Chaudhry’s employment at Alpha Innotech
Corporation.
3. Civil
Code § 1542 Waiver. As a further consideration and
inducement for this Agreement, Mr. Chaudhry hereby waives any and
all rights under Section 1542 of the California Civil Code or any
similar state, local, or federal law, statute, rule, order or
regulation he may have with respect to Alpha Innotech and any of
the Released Parties.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR
AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY
HIM MUST HAVE MATERIALLY AFFECTED HIS
SETTLEMENT WITH THE DEBTOR.
Mr. Chaudhry expressly agrees that this
Agreement shall extend and apply to all unknown, unsuspected and
unanticipated injuries and damages as well as those that are now
disclosed.
4.
Outstanding Claims . As further consideration and
inducement for this Agreement, Mr. Chaudhry represents that he has
not filed or otherwise pursued any charges, complaints or claims of
any nature which are in any way pending against Alpha Innotech or
any of the Released Parties, with any local, state or federal
government agency or court with respect to any matter covered by
this Agreement and, to the extent permitted by law, he will not do
so in the future. If any government agency or court assumes
jurisdiction of any charge, complaint, cause of action or claim
covered by this Agreement against Alpha Innotech or any of the
Released Parties, on behalf of
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