CONFIDENTIAL MUTUAL RELEASE AND SETTLEMENT AGREEMENT
Daniel I. Rubin ("Employee") and Artisan Components, Inc. ("Artisan Components") have mutually agreed that Employee's employment with Artisan Components will terminate effective April 15, 1998 ("Termination Effective Date"). To assist in a reasonable transition in connection with Employee's termination of employment, Employee and Artisan Components agree as follows:
1. Artisan Components has no policy obligating it to pay severance benefits to terminated executive employees. However, in return for Employee's execution of and adherence to this Agreement, and in particular for the release that forms a material part of this Agreement, Artisan Components shall provide Employee with certain severance benefits to which he would not otherwise be entitled. Said severance benefits are set forth in the attached Exhibit A which is incorporated herein by reference. Artisan Components will make all deductions from such compensation as required by law and Artisan Components' policy and practice.
2. In further consideration of the mutual promises herein, Employee on behalf of himself, his heirs and assignees hereby irrevocably and unconditionally releases and forever discharges, individually and collectively, Artisan Components, and its officers, directors, employees, shareholders, representatives, subsidiaries, predecessors, successors, assigns, and all persons acting by, through or in concert with them (hereinafter "Company"), of and from any and all charges, claims, complaints, demands, liabilities, causes of action, losses, costs or expenses of any kind whatsoever (including related attorneys' fees and costs), known or unknown, suspected or unsuspected, that Employee may now have or has ever had against Company by reason of any act, omission, transaction, or event occurring up to the later of (i) the date of signing this Agreement, or (ii) the Termination Effective Date. This includes without limitation, any wrongful or unlawful discharge claim, any claims relating to any contracts of employment whether express or implied, any claims related to compensation, including any stock or any other claims related to Employee's employment with Artisan Components and the termination thereof. The foregoing shall not discharge Artisan Components' obligations under this Agreement.
3. In further consideration of the mutual promises herein, Artisan Components on behalf of itself, and its officers, directors, employees, representatives, subsidiaries, predecessors, successors, assigns, and all persons acting by, through or in concert with them hereby irrevocably and unconditionally releases and forever discharges, Employee, his spouse, heirs, assigns, agents and representatives, of and from any and all charges, claims, complaints, demands, liabilities, causes of action, losses, costs or expenses of any kind whatsoever (including related attorneys' fees and costs), known or unknown, suspected or unsuspected, that Artisan Components may now have or has ever had against Employee by reason of any act, omission, transaction, or event occurring up to the later of (i) the date of signing this Agreement, or (ii) the Termination Effective Date. The foregoing shall not discharge Employee's obligations under this Agreement.
4. Employee and Artisan Components each expressly waives all rights and benefits afforded by Section 1542 of the California Civil Code and acknowledges the significance and consequence of this waiver. Section 1542 provides as follows:
"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."
5. Employee agrees that he will k ...
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