Pursuant to the Older Workers Benefit Protection Act under US law, you shall have at least twenty-one (21) calendar days to review and to consider executing this letter agreement, including, but not limited to, the Full and Final Release referenced above.If you execute this letter agreement and/or the Full and Final Release, you may revoke same at any time during the seven (7) calendar days following the execution date.Any revocation within this period must be submitted, in writing, to Michael Colosi, General Counsel, WW International, Inc. The revocation must be personally delivered or e-mailed (firstname.lastname@example.org) to Michael Colosi, General Counsel, WW International, Inc., 675 Avenue of the Americas, 6th Floor, New York, New York 10010, such that it is received within seven (7) calendar days of your execution of this letter agreement and/or Full and Final Release.This letter agreement shall not become effective or enforceable until the revocation periods for both this letter agreement and the Full and Final Release have expired, and neither have been duly revoked (the “Effective Date”). You are hereby advised to consult with an attorney of your choice prior to entering into this letter agreement and Full and Final Release.
Provided (i) the Companies do not breach their obligations and undertakings towards Sylvain Toutant set out in the Letter Agreement (including the schedules thereto), and (ii) to the extent the applicability of such release of Claims may invalidate the Companies’ directors and officers liability insurance policy as it pertains to Sylvain Toutant, I will not make any Claim or threaten, commence, participate in, take or continue any proceedings in any jurisdiction against the Releasees in respect of any matter covered by this Full and Final Release. I also agree not to make any Claim or threaten, commence, participate in, take or continue any proceedings in any jurisdiction against any person, corporation or other entity who or which might claim contribution, indemnity or any other relief from any of the Releasees.
I, on my own behalf and on behalf of all of my related persons and entities (including 9222-2116 Québec Inc.), represent that I have had an opportunity to obtain independent legal advice in respect of the Letter Agreement and this Full and Final Release. I, on my own behalf and on behalf of all of my related persons and entities (including 9222-2116 Québec Inc.), represent that I understand that this Full and Final Release contains a full and final release of all claims that I have or may have against the Releasees and that there is no admission of liability on the part of the Releasees and that any such liability is denied. I, on my own behalf and on behalf of all of my related persons and entities (including 9222-2116 Québec Inc.), represent that I am executing this Full and Final Release freely and voluntarily.
3.Full and Final Release. In consideration of the benefits provided by the Company, Employee, for Employee personally and Employee's heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company and its affiliates, as well as their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as the "Released Parties"), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the date Employee signs this Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination and retaliation prohibited by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, including the amendments provided by the Older Workers Benefits Protection Act, or any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for tort, contract, or wrongful discharge.
5. Full and Final Release. The Parties acknowledge that this is a full and final release, and that Executive and Company both intend and expressly agree that this release shall be effective as a bar to each and every claim, demand and cause of action that the claiming party may have or has against the other party as of the date of this Agreement, except as otherwise provided herein. Executive and Company agree and understand that, except as may be required by subpoena, court order, or other force of law, neither party shall, in any way, encourage or assist any individual or entity in commencing or prosecuting any action or proceeding, including but not limited to any administrative agency claims, charges or complaints or any lawsuit against the Company or Executive, or in any way participate or cooperate in any such action or proceeding, including any trial, pretrial preparation, pre-litigation fact-gathering, or administrative agency proceeding connected with any and all matters from the beginning of time to the date hereof. Absent legal compulsion from a court of competent jurisdiction, this release bars Executive and Company from, whether directly or indirectly, testifying, providing documents or information, advising, counseling or providing any other form of assistance to any person or entity concerning the Company, its business, operations, or procedures or the Executive with respect to the released claims. Executive acknowledges that, except as expressly provided in this Agreement or as otherwise required by applicable law, Executive will not receive any additional compensation, severance or other benefits or amounts of any kind following the Separation Date.