In consideration
of the $1.5 million Severance Benefit to be paid to me
pursuant to section 5 of the employment agreement between me and
Barr Pharmaceuticals, Inc., Barr Laboratories, Inc. and Duramed
Research Inc. dated as of August 19, 2005 as amended by a
letter agreement dated August 28, 2006 (the “Employment
Agreement”), I hereby agree as follows:
1.
I release and forever discharge Barr Pharmaceuticals, Inc. and its
past, present and future subsidiaries and affiliates (collectively,
the “Company”), and any and all of their officers,
directors, agents and employees (collectively with the Company, the
“Releases”), from any and all claims and/or causes of
action that I had, have or may have relating to my employment with
the Company and/or the termination of that employment, whether
presently known or unknown, including, but not limited to, any
claim under Title VII of the Civil Rights Act of 1964, as amended;
the Civil Rights Act of 1991, as amended; 42 U.S.C. § 1981;
the Age Discrimination in Employment Act of 1967, as amended
(“ADEA”); the Older Workers Benefit Protection Act, 29
U.S.C. §626, as amended (“OWBPA”); the Americans
With Disabilities Act of 1990, as amended; the Family Medical Leave
Act of 1993, as amended; the Fair Labor Standards Act, as amended;
the Occupational Safety and Health Act of 1970, as amended; the
Civil Rights Act of 1966, as amended; the Employee Retirement
Income Security Act of 1974, as amended; the Worker Adjustment and
Retraining Notification Act, 29 U.S.C. Sections 2101-2109
(“WARN”); New Jersey State Human Rights Law; New Jersey
State Labor Law; Pennsylvania State Wage and Hour Law; the
Pennsylvania Law Against Discrimination; workers compensation
provisions; and any and all claims of wrongful discharge, breach of
contract, breach of covenant of good faith and fair dealing,
violation of public policy, retaliatory termination, fraud,
defamation, physical injury, emotional distress, or any other
claims arising out of or relating to any other aspect of federal or
state statutory or common law, including claims for
attorneys’ fees and costs incurred in litigation. The
foregoing release excludes—
(a) any
claims for any amounts to which I am entitled pursuant to the terms
of any compensation or benefit plan of the Company or by law on
account of my participation in any such plan prior to
September 1, 2006, including (i) the portion of my Base
Salary accrued through August 31, 2006, (ii) stock
options and stock appreciation rights granted to me before that
date, (iii) amounts payable
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