Common use of Acknowledgments and Affirmations Clause in Contracts

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. or any Released Party. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. and/or common law. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR Therapeutics, Inc. or its officers, including any allegations of corporate fraud. Employee affirms that all of EKR Therapeutics, Inc.’s decisions regarding Employee’s pay and benefits through the date of Employee’s separation of employment were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information or any other classification protected by applicable law.

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. or any Released Partythe Company. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitledsigns this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. the Company and will shall continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.the Company’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. the Company and/or common law. Employee further affirms is hereby provided notice that Employee has under the 2016 Defend Trade Secrets Act: (i) no individual shall be held criminally or civilly liable under federal or state trade secret law for the disclosure of a trade secret (as defined in the Economic Espionage Act) that is made in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law, or is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not been retaliated against made public, and, (ii) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual files any allegations of wrongdoing document containing the trade secret under seal, and does not disclose the trade secret, except as permitted by EKR Therapeuticscourt order. Employee shall not apply in the future for employment with the Company because of, Inc. or its officersamong other things, including any allegations of corporate fraudirreconcilable differences with the Company. Employee affirms that all of EKR Therapeutics, Inc.the Company’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s separation 's execution of employment this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information origin or any other classification protected by applicable law. .

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. or any Released Partythe Company. Employee also affirms that if Employee was classified as non-exempt from overtime laws, that Employee has reported all hours worked as of the date Employee signs this Agreement and has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitledsigns this Agreement. Employee also affirms that Employee has been granted any paid for all of Employee’s accrued, unused vacation, paid time off and personal days. Employee further affirms that Employee has been reimbursed for all expenses Employee incurred in performing Employee’s duties or in following the Company’s directions. Employee affirms that the Company has made available all leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any Personal Health Information (“PHI”), proprietary or confidential information of EKR Therapeutics, Inc. the Company and will continue to maintain the confidentiality of such information consistent with EKR TherapeuticsHIPAA, Inc.the Company’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. the Company and/or common law. If Employee placed any PHI or confidential or proprietary information on Employee’s personal computer, phone, or electronic data storage device which was not returned to the Company, Employee will tender the device to the Company for removal of the information. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR Therapeutics, Inc. the Company or its officers, including any allegations of corporate fraud. Employee affirms that all of EKR Therapeutics, Inc.Company’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s separation 's execution of employment this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information origin or any other classification protected by applicable law. Employee affirms that all of Company’s decisions regarding Employee's pay and benefits through the date of Employee's Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law.

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, nor caused to be filed, or nor is Employee presently is a party to to, or a witness in connection with, any claim claim, complaint or action against EKR Therapeutics, Inc. Releasees in any legal or any Released Partyadministrative forum. Employee also affirms that Employee has been paid for and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitledentitled and that no other leave (paid or unpaid), compensation, wages, bonuses, commissions or benefits are due to Employee. Employee affirms that all of Company’s decisions regarding Employee's pay and benefits through the date of Employee's separation of employment were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. Employee affirms that Employee has no known workplace injuries or occupational diseases and that Employee has been granted or has not been denied any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. Company and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.Company’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. Company and/or common law. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR Therapeutics, Inc. Company or its officers, including any allegations of corporate fraud. Both Parties acknowledge that this Separation Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee affirms agrees that all of EKR Therapeuticsif such an administrative claim is made, Inc.’s decisions regarding Employee’s pay and benefits through the date of Employee’s separation of employment were Employee shall not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information be entitled to recover any individual monetary relief or any other classification protected by applicable lawindividual remedies.

Acknowledgments and Affirmations. a.Employee affirms that Employee has complied with all laws and regulations applicable to FFB's operations. b.Employee affirms that Employee has not filed, caused to be filed, or presently is not a party to any claim against EKR Therapeutics, Inc. or any Released PartyFFB. c.Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled. d.Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. e.Employee further affirms that Employee has no known workplace injuries or occupational diseases. f.Employee also affirms that Employee has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. FFB's Confidential Information (as defined in the Employment Agreement) and will continue to maintain the confidentiality of such information consistent with EKR Therapeuticsstatute or common law, Inc.’s FFB's policies and and/or Employee’s 's agreement(s) with EKR TherapeuticsFFB. g.Employee affirms that he has not violated and will continue to comply with the non-competition, Inc. and/or common lawnon-solicitation and non-disparagement covenants set forth in the Employment Agreement. h.Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR Therapeutics, Inc. FFB or its officers, including any allegations of corporate fraud. i.Employee affirms that all of EKR Therapeutics, Inc.’s FFB's decisions regarding Employee’s 's pay and benefits through the date of Employee’s separation of employment 's Severance Date were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information origin or any other classification protected by law. j.Employee affirms that any stock options granted to Employee under any FFB option program that have not vested by Employee's Severance Date shall be considered lapsed, and be forever unexercisable by Employee unless otherwise provided by the terms of the applicable lawplan document for those options. At Employee's Severance Date, any vested stock options will be treated in accordance with the terms of the applicable plan document for those options. 5.

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. The Pantry or any Released PartyReleasee in any form or forum. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled. Employee acknowledges that The Pantry’s obligations under this Separation Agreement are in full discharge of any and all of the company’s obligations to Employee of any type whatsoever, whether oral or in writing, including, without limitation, any claims or obligations pursuant to the Employment Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. The Pantry and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.The Pantry’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. The Pantry and/or common law. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR Therapeutics, Inc. The Pantry or its officers, including any allegations of corporate fraud. Both Parties acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies. Employee affirms that all of EKR Therapeutics, Inc.The Pantry’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s separation 's execution of employment this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information origin or any other classification protected by applicable law.

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. any Releasee. Employee also represents and warrants that there has been no assignment or other transfer of any Released Partyinterest in any claim by Employee that is covered by the release set forth in Section 4(a). Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitledsigns this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. the Company and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.the Company’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. the Company and/or common law. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR Therapeutics, Inc. the Company or its officers, including any allegations of corporate fraud. Employee affirms that all of EKR Therapeutics, Inc.the Company’s decisions regarding Employee’s pay and benefits through the date of Employee’s separation execution of employment this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information origin or any other classification protected by applicable law. The Parties have previously entered into an indemnification agreement for the benefit of Executive, effective February 14, 2005 (the “Indemnification Agreement”), a copy of which has previously been provided to Executive. The Company affirms that it will continue to comply with its obligations under the Indemnification Agreement, and acknowledges and agrees that any such indemnification obligations shall cover the Employee’s consulting services provided to, or on behalf of, the Company following the Retirement Date. For avoidance of doubt, no provisions of this Agreement shall be construed as a waiver, modification or reduction of Employee's rights to exculpation, insurance, indemnification or any expense reimbursement or advancement as provided under the Indemnification Agreement.

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. or any Released PartyReleasees. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits which are due and payable as of the date Employee signs this Agreement. Employee affirms and agrees that his separation from employment was a voluntary resignation and that it does not constitute a resignation by him for Good Reason as Good Reason is defined in the RSU Agreement. Employee acknowledges that, to which the extent set forth Paragraph 5 above, this Agreement contains a release of any and all claims Employee may be entitledhave under the Massachusetts Wage Act and that this Agreement is intended to resolve any and all disputes related to wages, commissions, or other compensation. Employee affirms that Employee has been granted any leave to which Employee was entitled from Employer under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any financial, proprietary or confidential information of EKR Therapeutics, Inc. Employer and will continue to maintain the confidentiality of such information consistent with EKR TherapeuticsEmployer’s policies, Inc.’s policies and Employee’s agreement(s) with EKR TherapeuticsEmployer and/or any applicable common law. As noted above, Inc. this Agreement does not limit Employee from providing any documents to the U.S. Securities and Exchange Commission as part of a whistleblower action and/or common a report of possible violations of any federal securities law. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR TherapeuticsEmployer, Inc. its officers or its officersany other Releasees identified in this Agreement, including any allegations of corporate fraud. Employee affirms that all of EKR Therapeutics, Inc.’s decisions regarding Employee’s pay and benefits through the date of Employee’s separation of employment were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information or any other classification protected by applicable law.

Acknowledgments and Affirmations. Employee affirms Executive reaffirms that Employee Executive has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. or any Released PartyEmployer. Employee Executive also affirms that Employee Executive has reported all hours worked as of the date Executive signs this release and has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may normally paid as of this date and all other compensation due will be entitledpaid per the applicable compensation plan. Employee Executive affirms that Employee Executive has been granted any leave to which Employee Executive was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation lawslaws and has not been subjected to retaliation for taking such leave. Employee Executive further affirms that Employee Executive has no known unclaimed workplace injuries or occupational diseases. Employee Executive also affirms that Employee Executive has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. Employer and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.Employer’s policies and EmployeeExecutive’s agreement(s) with EKR Therapeutics, Inc. Employer and/or common law. Employee Executive further affirms that Employee Executive has not been retaliated against for reporting any allegations of wrongdoing by EKR Therapeutics, Inc. Employer or its officers, including any allegations of corporate fraud. Employee affirms Both Parties acknowledge that all this Release does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of EKR Therapeuticsany federal, Inc.’s decisions regarding Employee’s pay state or local governmental agency, including making reports of possible violations of federal law or regulation to any governmental agency or entity in accordance with the provisions of and benefits through rules promulgated under Section 21F of the date Securities Exchange Act of Employee’s separation 1934 or Section 8 06 of employment were not discriminatory based on agethe Xxxxxxxx-Xxxxx Act of 2002, disability, race, color, sex, religion, national origin, genetic information or of any other classification protected whistleblower protection provisions of state or federal law or regulation. To the extent permitted by applicable law, Executive agrees that if such an administrative claim is made, Executive shall not be entitled to recover any individual monetary relief or other individual remedies.

Acknowledgments and Affirmations. Employee affirms Xxxxxxxx further represents and warrants that Employee he has not filedfiled or participated in the filing of any complaint, caused grievance, charge or claim with or before any local, state or federal agency or board, union or any court or other tribunal relating to be filedthe Company or Xxxxxxxx’x employment with, or presently the termination of, his employment with the Company and its affiliates. Nothing contained herein is intended to nor shall prohibit Xxxxxxxx from (i) filing a party charge or complaint with or from participating in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”); or (ii) participating in any investigation or proceeding conducted by the EEOC. In the event Xxxxxxxx files a charge with the EEOC, Xxxxxxxx waives and releases the right to recover any damages in any claim against EKR Therapeutics, Inc. or suit brought by or through the EEOC or any Released Partystate or local agency on Xxxxxxxx’x behalf. Employee Xxxxxxxx also affirms that Employee he has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee he may be entitled. Employee Xxxxxxxx affirms that Employee he has been granted any leave to which Employee he was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee Xxxxxxxx further affirms that Employee he has no known workplace injuries or occupational diseases. Employee Xxxxxxxx also affirms that Employee he has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. the Company and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.the Company’s policies and Employee’s Xxxxxxxx’x agreement(s) with EKR Therapeutics, Inc. the Company and/or common law. Employee Xxxxxxxx further affirms that Employee he has not been retaliated against for reporting any allegations of wrongdoing by EKR Therapeutics, Inc. the Company or its officers, including any allegations of corporate fraud. Employee affirms Both parties acknowledge that all this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of EKR Therapeuticsany federal, Inc.’s decisions regarding Employee’s pay and benefits through state or local governmental agency. To the date of Employee’s separation of extent permitted by law, Xxxxxxxx agrees that if such an administrative claim is made, Xxxxxxxx shall not be entitled to recover any individual monetary relief or other individual remedies. Xxxxxxxx agrees not to re-apply for employment were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information or any other classification protected by applicable lawwith the Released Parties in the future.

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. Employer. Nothing in this Agreement or these Affirmations is intended to impair Employee’s rights under whistleblower laws or cause Employee to disclose Employee’s participation in any governmental whistleblower program or any Released Partywhistleblowing statute(s) or regulation(s) allowing for anonymity. Employee also affirms that Employee has reported all hours worked as of the date Employee signs this Agreement and has been paid and/or has received all compensation, wages, bonuses, commissions, paid sick leave, predictability pay, and/or benefits which are due and payable as of the date Employee signs this Agreement, and Employee has been reimbursed for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment. Employee further affirms that Employee has submitted expense reports for all necessary expenses or losses incurred by Employee within the scope of Employee’s employment for any period up to which and including the date Employee may be entitledsigns this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related and state or and local leave or and disability accommodation laws. Employee further affirms that Employee has no known or unreported workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. Employer and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.Employer’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. Employer and/or common law, including but not limited to those contained in Section 7 of that certain Employment Agreement, effective as of September 5, 2017, as such agreement may have been amended (the “Confidentiality Agreement”). Under the federal Defend Trade Secrets Act of 2016, Employee shall not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that: (a) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (b) is made to Employee’s attorney in relation to a lawsuit against Employer for retaliation against Employee for reporting a suspected violation of law; or (c) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. Employee further affirms that Employee has not been retaliated against for reporting reported internally to Employer any allegations of wrongdoing by EKR Therapeutics, Inc. Employer or its officers, including any allegations of corporate fraud, and Employee has not been retaliated against for reporting or objecting to any such allegations internally to Employer. Employee affirms that all agrees to reasonably cooperate with Employer in regard to the transition of EKR Therapeutics, Inc.’s decisions regarding business matters handled by Employee during Employee’s pay employment with Employer and benefits through in regard to any litigation brought by or against Employer. Employee agrees to refrain from making statements that are maliciously disparaging or defamatory about Releasees, or Releasees’ customers, suppliers, or vendors, including but not limited to communications on social media websites such as Facebook, Twitter, LinkedIn, or Glassdoor on blogs, by text or email or other electronic means. Employee shall not apply in the date of Employee’s separation of future for employment were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information or any other classification protected by applicable lawwith Employer.

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. or any Company Released Party. Employee also represents and warrants that there has been no assignment or other transfer of any interest in any claim by Employee that is covered by the release set forth in Paragraph 5(a). Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitledsigns this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. the Company and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.the Company’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. the Company and/or common law. Employee hereby represents and warrants he has not breached any of his obligations under Section 9 of his Employment Agreement. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR Therapeutics, Inc. the Company or its officers, including any allegations of corporate fraud. Employee affirms that all of EKR Therapeutics, Inc.the Company’s decisions regarding Employee’s pay and benefits through the date of Employee’s separation execution of employment this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information origin or any other classification protected by applicable law. Employee hereby represents and warrants he has not breached any of his obligations under Section 10 of his Employment Agreement.

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or and is not presently is a party to to, any claim claim, charge, action or other legal proceeding against EKR Therapeutics, Inc. Releasees in any forum or any Released Partyform as of the date of execution of this Agreement. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitledsigns this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee affirms that Employee has returned all of Innodata’s property, documents, and/or confidential information in Employee’s possession or control. Employee also affirms that Employee is in possession of all of Employee’s property that Employee had at Innodata’s premises and that Innodata is not in possession of any of Employee’s property. Employee affirms that Employee has not divulged any proprietary or confidential information of EKR TherapeuticsInnodata, Inc. its affiliates, subsidiaries or clients and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.Innodata’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. Innodata and/or common law. Employee further affirms that Employee has provided Innodata with a list of all user names and passwords used by Employee in connection with Employee performing services for Innodata. Employee further affirms that (i) Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR TherapeuticsInnodata, Inc. or its officers, or any other Releasee identified in this Agreement, including any allegations of corporate fraud; and (ii) to Employee’s knowledge Employee is not presently aware of any wrongdoing or alleged wrongdoing by Innodata, its officers, or any other Releasee identified in this Agreement, including with respect to corporate fraud. Employee affirms that all of EKR Therapeutics, Inc.Innodata’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s separation of employment Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information origin or any other classification protected by applicable law.

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or presently is a party to any claim against EKR Therapeutics, Inc. or any Released PartyEmployer. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which Employee may be entitled. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee also affirms that Employee has not divulged any proprietary or confidential information of EKR Therapeutics, Inc. Employer and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.Employer’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. Employer and/or common law. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR Therapeutics, Inc. Employer or its officers, including any allegations of corporate fraud. Both Parties acknowledge that this Agreement does not limit either party’s right, where applicable, to file or participate in an investigative proceeding of any federal, state or local governmental agency. To the extent permitted by law, Employee agrees that if such an administrative claim is made, Employee shall not be entitled to recover any individual monetary relief or other individual remedies. Employee shall not apply in the future for employment with Employer because of, among other things, irreconcilable differences with Employer. Employee affirms that all of EKR Therapeutics, Inc.’s the Employer's decisions regarding Employee’s 's pay and benefits through the date of Employee’s separation 's execution of employment this Agreement were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information origin or any other classification protected by applicable law.

Acknowledgments and Affirmations. Employee affirms that Employee has not filed, caused to be filed, or and is not presently is a party to to, any claim claim, charge, action or other legal proceeding against EKR Therapeutics, Inc. Releasees in any forum or any Released Partyform as of the date of execution of this Agreement. Employee also affirms that Employee has been paid and/or has received all compensation, wages, bonuses, commissions, and/or benefits to which are due and payable as of the date Employee may be entitledsigns this Agreement. Employee affirms that Employee has been granted any leave to which Employee was entitled under the Family and Medical Leave Act or related state or local leave or disability accommodation laws. Employee further affirms that Employee has no known workplace injuries or occupational diseases. Employee affirms that Employee has returned all of Innodata’s property, documents, and/or confidential information in Employee’s possession or control. Employee also affirms that Employee is in possession of all of Employee’s property that Employee had at Innodata’s premises and that Innodata is not in possession of any of Employee’s property. Employee affirms that Employee has not divulged any proprietary or confidential information of EKR TherapeuticsInnodata, Inc. its affiliates, subsidiaries or clients and will continue to maintain the confidentiality of such information consistent with EKR Therapeutics, Inc.Innodata’s policies and Employee’s agreement(s) with EKR Therapeutics, Inc. Innodata and/or common law. Employee further affirms that Employee has provided Innodata with a list of all user names and passwords used by Employee in connection with Employee performing services for Innodata. Employee further affirms that Employee has not been retaliated against for reporting any allegations of wrongdoing by EKR TherapeuticsInnodata, Inc. or its officers, or any other Releasee identified in this Agreement, including any allegations of corporate fraud. Employee affirms that all of EKR Therapeutics, Inc.Innodata’s decisions regarding Employee’s 's pay and benefits through the date of Employee’s separation of employment Separation Date were not discriminatory based on age, disability, race, color, sex, religion, national origin, genetic information origin or any other classification protected by applicable law.