Common use of Acknowledgement and Release Clause in Contracts

Acknowledgement and Release. Employee on behalf of Employee and Employee’s heirs, successors and assigns, hereby fully and completely releases and waives any and all claims, complaints, causes of action or demands of whatever kind which Employee has or may have against SureWest (the “Company”) its predecessors, successors, current and former parent entities, owners, shareholders, subsidiaries and affiliates and all officers, employees, board members and agents of those persons and companies (the “Released Parties”), arising out of any employment or other matters between Employee and the Company and/or its subsidiaries or affiliates occurring prior to Employee’s execution of this release (“Release”) other than claims Employee may have (i) under the Agreement by and between Employee and the Company, dated Xxxxx 0, 0000, (xx) under any other written agreement between Employee and the Company and/or its subsidiaries or affiliates or (iii) claims for vested benefits accrued under any employee benefit plan of the Company or its subsidiaries or affiliates. Notwithstanding anything herein to the contrary, Employee does not release and discharge the Company from any claims, rights, demands, actions, obligations and causes of action arising from or in any way connected with Employee’s rights to receive indemnification from the Company and/or its subsidiaries or affiliates, whether pursuant to applicable law or contract, for acts, events, or omissions arising during the term of Employee’s employment or service with the Company. Employee understands and agrees that this Release is a full and complete waiver of all claims including, without limitation, claims to attorneys’ fees and costs, claims of wrongful discharge, constructive discharge, breach of contract, breach of the covenant of good faith and fair dealing, harassment, retaliation, discrimination, violation of public policy, defamation, invasion of privacy, interference with a leave of absence, personal injury or emotional distress and claims under Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Equal Pay Act of 1963, the Americans With Disabilities Act, the Civil Rights Act of 1866, the Age Discrimination in Employment Act of 1967 (ADEA), as amended by Older Workers Benefit Protection Act of 1990, the California Labor Code, the California Fair Employment and Housing Act, the California Family Rights Act, the Family Medical Leave Act, the Employee Retirement Income Security Act of 1974, the National Labor Relations Act or any other federal or state law or regulation relating to employment or employment discrimination. Employee further understands and agrees that this waiver includes all claims, known and unknown, to the greatest extent permitted by applicable law.

Acknowledgement and Release. Employee (a) The Contributor acknowledges that the terms of this Agreement, including without limitation the Consideration, were negotiated at arm's length among the officers of the REIT, in its capacity as the general partner of the Acquiror, and the Contributor and that the Consideration represents full, fair and adequate consideration for the Contributor's Interests contributed hereunder. The Contributor acknowledges that it has carefully reviewed the terms of this Agreement and has had the opportunity to retain counsel. (b) The Contributor, on behalf of Employee and Employee’s heirsitself, successors its successors, heirs and assigns, hereby fully and completely releases and waives forever discharges the REIT, the Acquiror and the Contributed Entity, and each of their respective individual, joint or mutual, past, present and future officers, directors, general partners, Affiliates, stockholders, controlling persons, successors and assigns (individually, a "Releasee" and collectively, "Releasees") from any and all claims, complaintsdemands, proceedings, causes of action action, orders, obligations, contracts, agreements, debts and liabilities whatsoever, whether known or demands unknown, suspected or unsuspected, both at law and in equity, which the Contributor or any of whatever kind which Employee has its respective successors, heirs or assigns now has, have ever had or may hereafter have against SureWest (the “Company”) its predecessors, successors, current and former parent entities, owners, shareholders, subsidiaries and affiliates and all officers, employees, board members and agents respective Releasees arising contemporaneously with or prior to the Closing Date or on account of those persons and companies (the “Released Parties”), or arising out of any employment matter, cause or other matters between Employee and the Company and/or its subsidiaries event occurring contemporaneously with or affiliates occurring prior to Employee’s execution of this release (“Release”) other than claims Employee may have (i) under the Agreement by and between Employee and the CompanyClosing Date, dated Xxxxx 0including, 0000but not limited to, (xx) under any other written agreement between Employee and the Company and/or its subsidiaries rights to indemnification or affiliates or (iii) claims for vested benefits accrued under any employee benefit plan of the Company or its subsidiaries or affiliates. Notwithstanding anything herein to the contrary, Employee does not release and discharge the Company reimbursement from any claims, rights, demands, actions, obligations and causes of action arising from or in any way connected with Employee’s rights to receive indemnification from the Company and/or its subsidiaries or affiliatesReleasee, whether pursuant to applicable law contracts or contract, for acts, eventsotherwise and whether or not relating to claims pending on, or omissions arising during the term of Employee’s employment or service with the Company. Employee understands and agrees that this Release is a full and complete waiver of all claims including, without limitation, claims to attorneys’ fees and costs, claims of wrongful discharge, constructive discharge, breach of contract, breach of the covenant of good faith and fair dealing, harassment, retaliation, discrimination, violation of public policy, defamation, invasion of privacy, interference with a leave of absence, personal injury or emotional distress and claims under Title VII of the Civil Rights Act of 1964asserted after, the Fair Labor Standards ActClosing Date; provided, however, that nothing contained herein shall operate to release any obligations arising under this Agreement or any agreement, certificate or instrument executed in connection with this Agreement. (c) The Contributor hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced, any proceeding of any kind against any Releasee, based upon any matter purported to be released hereby. (d) If any provision of this Section 7.7 is held invalid or unenforceable by any court of competent jurisdiction, the Equal Pay Act other provisions of 1963, the Americans With Disabilities Act, the Civil Rights Act this Section 7.7 will remain in full force and effect. Any provision of 1866, the Age Discrimination this Section 7.7 held invalid or unenforceable only in Employment Act of 1967 (ADEA), as amended by Older Workers Benefit Protection Act of 1990, the California Labor Code, the California Fair Employment part or degree will remain in full force and Housing Act, the California Family Rights Act, the Family Medical Leave Act, the Employee Retirement Income Security Act of 1974, the National Labor Relations Act or any other federal or state law or regulation relating to employment or employment discrimination. Employee further understands and agrees that this waiver includes all claims, known and unknown, effect to the greatest extent permitted by applicable lawnot held invalid or unenforceable.

Acknowledgement and Release. Employee on behalf of Employee and Employee’s heirs, successors and assigns, hereby fully and completely releases and waives any and all claims, complaints, causes of action or demands of whatever kind which Employee has or may have against SureWest (the “Company”) its predecessors, successors, current and former parent entities, owners, shareholders, subsidiaries and affiliates and all officers, employees, board members and agents of those persons and companies (the “Released Parties”), arising out of any employment or other matters between Employee and the Company and/or its subsidiaries or affiliates occurring prior to Employee’s execution of this release (“Release”) other than claims Employee may have (i) under the CIC Agreement by and between Employee and the Company, dated Xxxxx 0, 0000[DATE], (xxii) under any other written agreement between Employee and the Company and/or its subsidiaries or affiliates or (iii) claims for vested benefits accrued under any employee benefit plan of the Company or its subsidiaries or affiliates. Notwithstanding anything herein to the contrary, Employee does not release and discharge the Company from any claims, rights, demands, actions, obligations and causes of action arising from or in any way connected with Employee’s rights to receive indemnification from the Company and/or its subsidiaries or affiliates, whether pursuant to applicable law or contract, for acts, events, or omissions arising during the term of Employee’s employment or service with the Company. Employee understands and agrees that this Release is a full and complete waiver of all claims including, without limitation, claims to attorneys’ fees and costs, claims of wrongful discharge, constructive discharge, breach of contract, breach of the covenant of good faith and fair dealing, harassment, retaliation, discrimination, violation of public policy, defamation, invasion of privacy, interference with a leave of absence, personal injury or emotional distress and claims under Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Equal Pay Act of 1963, the Americans With Disabilities Act, the Civil Rights Act of 1866, the Age Discrimination in Employment Act of 1967 (ADEA), as amended by Older Workers Benefit Protection Act of 1990, the California Labor Code, the California Fair Employment and Housing Act, the California Family Rights Act, the Family Medical Leave Act, the Employee Retirement Income Security Act of 1974, the National Labor Relations Act or any other federal or state law or regulation relating to employment or employment discrimination. Employee further understands and agrees that this waiver includes all claims, known and unknown, to the greatest extent permitted by applicable law.. Employee also hereby agrees that nothing contained in this Release shall constitute or be treated as an admission of liability or wrongdoing by the parties. In addition, Employee hereby expressly waives any and all rights and benefits conferred upon Employee by the provisions of Section 1542 of the Civil Code of the State of California, which states as follows:

Acknowledgement and Release. Employee on behalf of Employee and Employee’s heirs, successors and assigns, hereby fully and completely releases and waives any and all claims, complaints, causes of action or demands of whatever kind which Employee has or may have against SureWest (the “Company”) its predecessors, successors, current and former parent entities, owners, shareholders, subsidiaries and affiliates and all officers, employees, board members and agents of those persons and companies (the “Released Parties”), arising out of any employment or other matters between Employee and the Company and/or its subsidiaries or affiliates occurring prior to Employee’s execution of this release (“Release”) other than claims Employee may have (i) under the CIC Agreement by and between Employee and the Company, dated Xxxxx 0, 0000[DATE], (xxii) under any other written agreement between Employee and the Company and/or its subsidiaries or affiliates or (iii) claims for vested benefits accrued under any employee benefit plan of the Company or its subsidiaries or affiliates. Notwithstanding anything herein to the contrary, Employee does not release and discharge the Company from any claims, rights, demands, actions, obligations and causes of action arising from or in any way connected with Employee’s rights to receive indemnification from the Company and/or its subsidiaries or affiliates, whether pursuant to applicable law or contract, for acts, events, or omissions arising during the term of Employee’s employment or service with the Company. Employee understands and agrees that this Release is a full and complete waiver of all claims including, without limitation, claims to attorneys’ fees and costs, claims of wrongful discharge, constructive discharge, breach of contract, breach of the covenant of good faith and fair dealing, harassment, retaliation, discrimination, violation of public policy, defamation, invasion of privacy, interference with a leave of absence, personal injury or emotional distress and claims under Title VII of the Civil Rights Act of 1964, the Fair Labor Standards Act, the Equal Pay Act of 1963, the Americans With Disabilities Act, the Civil Rights Act of 1866, the Age Discrimination in Employment Act of 1967 (ADEA), as amended by Older Workers Benefit Protection Act of 1990, the California Labor Code, the California Fair Employment and Housing Act, the California Family Rights Act, the Family Medical Leave Act, the Employee Retirement Income Security Act of 1974, the 1974,the National Labor Relations Act or any other federal or state law or regulation relating to employment or employment discrimination. Employee further understands and agrees that this waiver includes all claims, known and unknown, to the greatest extent permitted by applicable law.. Employee also hereby agrees that nothing contained in this Release shall constitute or be treated as an admission of liability or wrongdoing by the parties. In addition, Employee hereby expressly waives any and all rights and benefits conferred upon Employee by the provisions of Section 1542 of the Civil Code of the State of California, which states as follows:

Acknowledgement and Release. Employee (a) In consideration of the promises and undertakings contained herein, Executive, on behalf of Employee and Employee’s himself, his marital community, heirs, successors executors, administrators and assignsassigns (herein collectively "Executive") on the one hand and the Company (including any and all of its related and affiliated entities, Executives, agents, attorneys, shareholders, affiliates, officers and/or directors of any of them (herein collectively called "Associated Persons") on the other hereby fully releases in full and completely releases discharges and waives acquits the other from any and all claims, complaintscauses of action, liabilities, demands, damages, penalties, debts, obligations, actions and causes of action ("Claims") whether now known or demands of whatever kind which Employee has unknown, arising on or may have against SureWest (before the “Company”) its predecessors, successors, current date hereof and former parent entities, owners, shareholders, subsidiaries and affiliates and all officers, employees, board members and agents of those persons and companies (the “Released Parties”), arising out of any or relating to Executive's employment with the Company or retirement or other matters between Employee and the Company and/or its subsidiaries or affiliates occurring prior to Employee’s execution of this release (“Release”) other than claims Employee may have termination therefrom, EXCEPT that: (i) Executive shall retain all benefits, if any, which shall have vested as of the Retirement Date under the Agreement by Company's 401(k) Plan and between Employee and the Company, dated Xxxxx 0, 0000, (xx) under any other written agreement between Employee and the Company and/or its subsidiaries or affiliates or (iii) claims for he shall be entitled to receive such vested benefits accrued under any employee benefit plan the terms of the Company Plan; and further that (ii) Executive is not releasing, discharging or its subsidiaries or affiliates. Notwithstanding anything herein to the contrary, Employee does not release and discharge acquitting the Company from any claimsClaims arising under the express terms of this Agreement. This release of claims specifically refers to and includes rights or claims arising under the federal Age Discrimination in Employment Act and any applicable provision of state law. (b) Without limiting the generality of the foregoing, rightsthe Claims released herein include any Claims arising out of, demands, actions, obligations and causes of action arising from based upon or in any way connected with Employee’s rights related to receive indemnification from (i) the Company Employment Agreement, the negotiation of this Agreement, and/or its subsidiaries any other prior employment agreements, incentive agreements or affiliatesbenefits or retirement plans; (ii) any property, whether pursuant to applicable law contract or contracttort claims, for acts, events, or omissions arising during the term of Employee’s employment or service with the Company. Employee understands and agrees that this Release is a full and complete waiver of all claims including, without limitation, claims to attorneys’ fees and costs, claims of including wrongful discharge, constructive discharge, breach of employment contract, breach of the covenant of good faith and fair dealing, harassment, retaliation, discriminationintentional or negligent infliction of emotional distress, tortious interference with existing or prospective economic advantage, negligence, misrepresentation, breach of privacy, defamation, loss of consortium, breach of fiduciary duty, violation of public policy, defamation, invasion policy or any other common law claim of privacy, interference with a leave any kind; (iii) any violation or alleged violation of absence, personal injury or emotional distress and claims under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, as amended, the Older Workers Benefit Protection Act of 1990, the Equal Pay Act, as amended, the Fair Labor Standards Act, the Equal Pay Act of 1963Employee Retirement Income Security Act, the Americans With Disabilities Act, the Civil Rights Act of 1866, the Age Discrimination in Employment Act of 1967 (ADEA), as amended by Older Workers Benefit Protection Act of 1990, the California Labor CodeConsolidated Omnibus Budget Reconciliation Act, the California Fair Employment and Housing Act, the California Family Rights Act, the Family Medical Leave ActCalifornia Labor Code, the Employee Retirement Income Security Act of 1974California Unemployment Insurance Code, or the National Labor Relations Act California Workers' Compensation Act; (iv) any claims for severance pay, bonus, sick leave, vacation or holiday pay, life insurance, health, disability or medical insurance or any other fringe benefit; and (v) any claim relating to or arising under any other local, state or federal or state law statute or regulation or principle of common law (whether in contract or in tort) governing the employment of individuals, discrimination in employment and/or the payment of wages or benefits. Executive understands that if any fact with respect to any matter covered by this Agreement is found to be other than, or different from the facts now believed by him to be true, he expressly accepts and assumes the risk of such possible difference in facts and agree that this Agreement shall be, and remain, in full force and effect notwithstanding such difference in fact. Executive acknowledges and warrants that there are no claims or actions currently filed or pending relating to employment or employment discrimination. Employee further understands and agrees that the subject matter of this waiver includes all claims, known and unknown, to the greatest extent permitted by applicable lawAgreement.