Common use of ADEA Waiver Clause in Contracts

ADEA Waiver. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver does not apply to any rights or claims that may arise after the date that I sign this Additional General Release; (b) I should consult with an attorney prior to signing this Additional General Release; (c) I have twenty-one (21) calendar days to consider this Additional General Release (although I may choose voluntarily to sign it earlier); (d) I have seven (7) calendar days following the date I sign this Additional General Release to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer); and (e) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge Employee acknowledges that I am knowingly and voluntarily she is waiving and releasing any rights I may have claims arising under the ADEA Age Discrimination in Employment Act, as amended by the Older Workers’ Benefit Protection Act (the “ADEA WaiverADEA”), and . Employee acknowledges that the consideration given for this ADEA Waiver waiver and release is in addition to anything of value to which I am Employee was already entitled. I Employee further acknowledge acknowledges that I have Employee has been advised, as required advised by this Agreement that: a. Employee has carefully read and fully understands the ADEA, that: (a) my ADEA Waiver does not apply terms of this Agreement; b. Employee is advised to any rights or claims that may arise after the date that I sign this Additional General Release; (b) I should consult with an attorney prior to before signing this Additional General Release; (c) I have Agreement; c. Employee has at least twenty-one (21) calendar days to consider this Additional General Release Agreement; d. Employee agrees that any change to the release contained in Section 3, whether material or immaterial, will not restart the twenty-one (although I may choose voluntarily 21) day review period; e. Employee has taken time to consider whether to sign it earlier); (d) I have this Agreement and has chosen to sign this Agreement freely, knowingly, and voluntarily; f. Employee has up to seven (7) calendar days following execution of this Agreement to revoke this Agreement; g. Employee may revoke this Agreement by delivering a written revocation to Rxx Xxxxx, Chief Legal Officer, EyePoint Pharmaceuticals US, Inc., Suite C400, 400 Xxxxxxxx Xxxxxx, Xxxxxxxxx, XX 00000, via email to rxxxxx@xxxxxxxxxxxxxx.xxx. The revocation may also be personally delivered or sent to Rxx Xxxxx via overnight courier before the date I end of the seven (7) day period. h. If Employee does not revoke during the 7-day revocation period, this Agreement will take effect on the 8th day after Employee signs this Agreement. i. Employee may sign this Additional General Release to revoke my acceptance (by providing written notice of my revocation to Agreement no sooner than the Company’s Chief Executive Officer); and (e) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke itEmployee’s Separation Date and no later than August 26, 2024. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release If Employee does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time return an executed copy of executing the release this Agreement before 5:00 p.m. (ET) on August 26, 2024, this severance offer will expire and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyall provisions of this Agreement shall be void and of no legal effect.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge that I am knowingly This Agreement is intended by the parties to effectuate the knowing and voluntarily waiving voluntary release of all known and releasing any rights I may have unknown claims, including claims under the ADEA (the “ADEA Waiver”), and Age Discrimination in Employment Act. Executive acknowledges that the consideration given releases and waivers of rights set forth in this Agreement are for this ADEA Waiver is in addition to anything the payment of value monies that exceed those to which I am Executive would already entitledbe entitled under the Company’s existing benefits programs and payment of these monies is being made specifically contingent upon Executive’s consent to the releases and waivers contained herein. I further acknowledge Please be assured that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver does releases contained in this Agreement do not apply extend to any rights or claims that Executive may have under the Age Discrimination in Employment Act that first arise after the date that I sign and time Executive signs this Additional General Release; (b) I should Agreement. The Company advises and encourages Executive to consult with an his own attorney prior to before signing this Additional General Release; Agreement. Whether he does so is his decision. Executive has thirty (c30) I have twenty-one (21) calendar days to consider this Additional General Release Agreement. Executive understands that he may take as much of this thirty (although I may choose voluntarily 30) day period of time to sign it earlierconsider this Agreement as he wishes before signing it. Executive and the Company agree that the thirty (30) day period begins on the day that this Agreement is delivered to Executive, and that if the Company changes any of the terms of the offer contained in this Agreement (whether the changes are material or not); , the thirty (d30) I have day period will not be restarted but will continue without interruption. If Executive signs this Agreement before the thirty (30) day period expires, the seven (7) calendar day revocation period (described below) will begin immediately. If Executive signs this Agreement before the thirty (30) day period expires, Executive agrees that he has knowingly and voluntarily accepted the shortening of the thirty (30) day period and that the Company has not promised you anything or made any representations that are not contained in this Agreement. Executive may revoke this Agreement within seven (7) days following after he signs it and this Agreement shall not become effective or enforceable until the date I sign seven (7) day revocation period has expired. The law prohibits the Company from shortening the seven (7) day revocation period. Executive can revoke this Additional General Release Agreement only by delivering the notice to revoke my acceptance (by providing written notice of my revocation to Xxxxx Xxxxxxxx, the Company’s Chief President. The revocation notice can be delivered either by personal delivery, email, or through the United States Postal Service, registered or certified mail, postage prepaid and return receipt requested. The Company must receive the revocation within the seven (7) day period for the revocation to be effective. Executive Officer); understands and (e) this Additional General Release agrees that he will not be effective entitled to any of the payments or benefits under this Agreement until the date upon which the seven (7) day revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyexpired.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I You understand and hereby expressly acknowledge that I am that, by entering into this Supplemental Agreement, you are knowingly and voluntarily waiving and releasing any and all rights I you may have arising under the ADEA Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act of 1990 (“ADEA”), which have arisen on or before the date of execution of this Supplemental Agreement (“ADEA Waiver”), and that the consideration given for this ADEA Waiver the foregoing waiver is in addition to anything of value to which I am you were already entitled. I You further acknowledge and agree that I you have been advisedadvised by this writing, as required by the ADEA, ADEA that: (a) my ADEA Waiver does you have received a disclosure from the Company that includes a description of the class, unit or group of employees covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to such program and a list of job titles and ages of all employees selected for this group termination and those employees in the same job classification or organizational unit who were not apply selected for termination; (b) you have had at least forty-five (45) calendar days within which to any consider this release before executing it (although you may choose to voluntarily execute this release earlier); (c) you are aware of the contents and significance of all the provisions of this Supplemental Agreement and knowingly and voluntarily agree to the terms of this Supplemental Agreement and intend to be legally bound by them; (d) you have seven (7) full calendar days within which to revoke this Supplemental Agreement after it is executed by you, and agree that this Supplemental Agreement shall not become effective or enforceable until this seven-day revocation period has ended; (e) to revoke this Supplemental Agreement, you must notify the Company via email to xx@xxxxxxxxx.xxx and such notification must be received no later than 5:00 p.m. on the seventh day following the date you sign this Supplemental Agreement; (f) you have been advised in writing to have this Supplemental Agreement reviewed by counsel prior to signing it; and (g) rights or claims under the ADEA that may arise after the date that I sign this Additional General Release; (b) I should consult with an attorney prior to signing this Additional General Release; (c) I have twenty-one (21) calendar days to consider this Additional General Release (although I may choose voluntarily to sign it earlier); (d) I have seven (7) calendar days following the date I sign this Additional General Release to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer); and (e) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release Supplemental Agreement is signed by me provided are not waived. You agree that I any modifications, material or otherwise, made to this Supplemental Agreement do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving restart or affect in any manner the releases set forth original 45-day consideration period provided in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partySection.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I You acknowledge that I am knowingly your waiver and voluntarily waiving and releasing release hereunder of any rights I You may have under the ADEA Age Discrimination in Employment Act of 1967 (the “ADEA Waiver”ADEA), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required amended by the ADEAOlder Workers Benefit Protection Act, that: (a) my ADEA Waiver is knowing and voluntary. You certify that You have read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the date this Separation Agreement is executed. You acknowledge that I sign the severance benefits provided in this Additional General Release; Separation Agreement are specifically linked to your ADEA claim release and that You would not receive the same benefits absent your agreement to provide such a release. You acknowledge that You have been advised by this writing, as required by the Older Workers Benefit Protection Act, that (ba) I You should consult with an attorney prior to signing executing this Additional General ReleaseSeparation Agreement; (cb) I You have twenty-one (21) calendar days to consider this Additional General Release Separation Agreement (although I may choose voluntarily to sign it You may, by your own choice, execute this Separation Separation Agreement Exhibit A Agreement earlier); (dc) I You have seven (7) calendar days following the date I sign execution of this Additional General Release Separation Agreement by You to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer)Separation Agreement; and (ed) this Additional General Release will Separation Agreement shall not be effective until the date upon which the this revocation period has expired unexercisedexpired. If You wish to revoke the Separation Agreement, which will You must send written notice of your revocation to the attention of , to be received within seven (7) days following your signature on this Separation Agreement. The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, You understand and agree that You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the eighth calendar day after agency claim. This waiver and release is effective to the date that this Additional General Release is signed by me provided that I do not revoke itfull extent the law permits You to release your individual claims. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release It does not extend to claims that the creditor affect reimbursement rights You may currently possess under any health insurance coverage or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would accrued rights You may have materially affected his or her settlement with the debtor or released partyunder any retirement plan after termination.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge Executive expressly acknowledges and agrees that I am knowingly by entering into this Agreement, he is waiving any and voluntarily waiving and releasing any all rights I or claims that he may have arising under the ADEA Age Discrimination in Employment Act of 1967, as amended (the “ADEA WaiverADEA”), and that this waiver and release is knowing and voluntary. Executive and the consideration given for Company agree that this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, he will receive consideration beyond that I sign which he was already entitled to receive before executing this Additional General Release; Agreement; (b) I should He is hereby advised in writing by this Agreement to consult with an attorney prior to before signing this Additional General Release; Agreement; (c) I He was given a copy of this Agreement on the Effective Date, and informed that he had twenty-one (21) days within which to consider this Agreement and that if he wished to execute this Agreement prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) calendar days to consider this Additional General Release Agreement; and that such twenty-one (although I may choose voluntarily 21) day period to sign it earlier); consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after he received it; (d) I have He was informed that he had seven (7) calendar days following the date I sign of execution of this Additional General Release Agreement in which to revoke my acceptance (this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by providing written the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of my revocation should be sent by Executive in writing to the Company’s Chief Executive OfficerCompany (attention General Counsel); and , 1444 Souxx Xxxxxxx Xxxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, xxx xxth a copy (which shall not constitute notice) to Jeffrey X. Xxxxxxxxx, Xxx., O’Melveny & Myers LLX, 000 Newpxxx Xxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx Xxxxx, XX 00000, xx xxxt each is received within the seven-day period following execution of this Agreement by Executive. (e) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth Nothing in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the California Civil Code which reads as follows: “A general release validity of this waiver under the ADEA, nor does not extend to claims that the creditor it impose any condition precedent, penalties or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatcosts for doing so, if known unless specifically authorized by him or her, would have materially affected his or her settlement with the debtor or released partyfederal law.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge that I am knowingly The Executive has read this Release carefully and voluntarily waiving expressly acknowledges and releasing any rights I may have under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, agrees that: (a) my ADEA Waiver does not apply in return for this Release, the Executive will receive consideration beyond that which he was already entitled to any rights or claims that may arise after the date that I sign receive before entering into this Additional General Release; (b) I should consult with an attorney the Executive was given a copy of this Release on December 13, 2023 and informed that he had at least twenty-one (21) days to consider all of its terms and that if the Executive wished to execute this Release prior to signing this Additional General Release; the expiration of such twenty-one (c21) I day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) calendar days to consider this Additional General Release, and that such twenty-one (21) day period to consider this Release would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Release in such twenty-one (although I may choose voluntarily 21) day period after he received it; (c) the Executive is hereby advised in writing by this Release to sign it earlier)consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) I the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have seven to sue or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (7) calendar days following “ADEA”), which have arisen on or before the date I sign of execution of this Additional General Release to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer)Release; and (e) nothing in this Additional General Release will not be effective prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the date upon which Executive’s signing of this Release without the revocation period has expired unexercised, which will be Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the eighth calendar day after terms of the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMSCompany’s normal payroll practices or employee benefit plans. In giving the releases set forth event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Additional General Release, which include claims which may be unknown and the Executive agrees to me at present, I acknowledge that I have read and understand Section 1542 all of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyits terms voluntarily.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I You agree that you are voluntarily executing this Release. You acknowledge that I am you are knowingly and voluntarily waiving and releasing any rights I you may have under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver the waiver and release is in addition to anything of value to which I am you were already entitled. I You further acknowledge that I you have been advisedadvised by this writing, as required by the ADEA, that: (aA) my ADEA Waiver does your waiver and release specified in this paragraph do not apply to any rights or claims that may arise after the date that I you sign this Additional General Release; (bB) I should you have been advised to consult with an attorney prior to signing this Additional General Release; (cC) I if part of a group termination, you have twenty-one received a disclosure from the Company that includes a description of the class, unit or group of individuals covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to such program and a list of job titles and ages of all employees selected for this group termination and ages of those individuals in the same job classification or organizational unit who were not selected for termination (21“Disclosures”); (D) calendar you have 21 days from the date that you receive this Release to consider this Additional General Release (although I you may choose voluntarily to sign it earlierany time on or after your Separation Date); (dE) I you have seven (7) calendar days following the date I after you sign this Additional General Release to revoke my acceptance it (by providing written notice of my revocation to the Company’s Chief Executive Officer“Revocation Period”); and (eF) this Additional General Release will not be effective until you have returned it to Yahoo! (instructions below) and the date upon which the revocation period Revocation Period has expired unexercised(the “Effective Date”). Do not sign this Release prior to the Separation Date. If this Release is acceptable to you, which will be the eighth calendar day please sign below on or after the date Separation Date and return the original to Xxx Xxxxxxxxx at xxxx@xxxxx-xxx.xxx or Yahoo!, 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 by December 6, 2012. AGREED AND VOLUNTARILY EXECUTED: cc: Personnel File March 16, 2011 Xxx Xxxxx Dear Xxx: On behalf of Yahoo! Inc. (“Yahoo!” or the “Company”), I am pleased to inform you that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving Yahoo! will provide you with the releases set forth severance protections described in this Additional General Releaseletter agreement (“Agreement”). This Agreement is being offered to you to provide both you and Yahoo! with certainty in the event that your employment with Yahoo! is terminated by Yahoo! without Cause.1 You will not be entitled to any severance benefits under this Agreement if your employment is terminated with Cause, which include claims which may be unknown if you voluntarily resign from your employment with Yahoo!, or if your employment terminates due to me at presentyour death or disability.2 1 For purposes of this Agreement, I acknowledge that I have read and understand Section 1542 “Cause” means termination of your employment by the Company based upon the occurrence of one or more of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatfollowing which, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release clauses (1), (2) and (3) below, if curable, you have not cured within fourteen (14) days after you receive written notice from the Company specifying with reasonable particularity such occurrence: (1) your refusal or material failure to perform your job duties and responsibilities (other than by reason of claims hereinyour serious physical or mental illness, injury or medical condition), (2) your failure or refusal to comply in any material respect with material Company policies or lawful directives, (3) your material breach of any contract or agreement between you and the Company (including but not limited to this Agreement and the release Employee Confidentiality and Assignment of unknown Inventions Agreement between you and unsuspected claimsthe Company), or your material breach of any statutory duty, fiduciary duty or any other obligation that you owe to the Company, (4) your commission of an act of fraud, theft, embezzlement or other unlawful act against the Company or involving its property or assets or your engaging in unprofessional, unethical or other intentional acts that materially discredit the Company or are materially detrimental to the reputation, character or standing of the Company, or (5) your indictment or conviction or nolo contendere or guilty plea with respect to any felony or crime of moral turpitude. Following notice and cure as provided in the preceding sentence, upon any additional one-time occurrence of one or more of the events enumerated in that sentence, the Company may terminate your employment for Cause without notice and opportunity to cure. However, should the Company choose to offer you another opportunity to cure, it will not be deemed a waiver of its rights under this provision. 2 In no event will you be considered to have terminated employment for purposes of this letter if your employment by Yahoo! (including a subsidiary or affiliate) terminates and, immediately after such termination, you continue as an employee of another subsidiary or affiliate of Yahoo! (or Yahoo! Inc. if you had previously been employed by a subsidiary).

ADEA Waiver. I acknowledge Employee expressly acknowledges and agrees that I am knowingly by entering into this Release, he is waiving any and voluntarily waiving and releasing any all rights I or claims that he may have arising under the ADEA Age Discrimination in Employment Act of 1967, as amended (the “ADEA WaiverADEA”), and that this waiver and release is knowing and voluntary. Employee and the consideration given for Company agree that this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee signs this Release. Employee further expressly acknowledges and agrees that: (a) In return for this Release, he will receive consideration beyond that I sign which he was already entitled to receive before executing this Additional General Release; ; (b) I should He is hereby advised in writing by this Release to consult with an attorney prior to before signing this Additional General Release; ; (c) I He was given a copy of this Release on December 3, 2018, and informed that he had twenty-one (21) days within which to consider this Release and that if he wished to execute this Release prior to the expiration of such 21-day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) calendar days to consider this Additional General Release; and that such twenty-one (21) day period to consider this Release would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Release in such twenty-one (although I may choose voluntarily to sign it earlier); 21) day period after he received it; (d) I have He was informed that he had seven (7) calendar days following the date I sign of execution of this Additional General Release in which to revoke my acceptance (this Release, and this Release will become null and void if Employee elects revocation during that time. Any revocation must be in writing and must be received by providing written the Company during the seven-day revocation period. In the event that Employee exercises this revocation right, neither the Company nor Employee will have any obligation under this Release. Any notice of my revocation should be sent by Employee in writing to the Company’s Chief Executive OfficerBoard of Directors (attention Xxx Xxxxxxxxx, lead director, by email to xxx.xxxxxxxxx@xxxxx.xxx); and , so that it is received within the seven-day period following execution of this Release by Employee. (e) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth Nothing in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 Release prevents or precludes Employee from challenging or seeking a determination in good faith of the California Civil Code which reads as follows: “A general release validity of this waiver under the ADEA, nor does not extend to claims that the creditor it impose any condition precedent, penalties or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatcosts for doing so, if known unless specifically authorized by him or her, would have materially affected his or her settlement with the debtor or released partyfederal law.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I You acknowledge that I am knowingly Your waiver and voluntarily waiving and releasing release hereunder of any rights I You may have under the ADEA Age Discrimination in Employment Act of 1967 (the “ADEA Waiver”ADEA), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required amended by the ADEAOlder Workers Benefit Protection Act, that: (a) my ADEA Waiver is knowing and voluntary. You certify that You have read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the date this Separation Agreement is executed. You acknowledge that I sign the severance benefits provided in this Additional General Release; Separation Agreement are specifically linked to Your ADEA claim release and that You would not receive the same benefits absent Your agreement to provide such a release. You acknowledge that You have been advised by this writing, as required by the Separation Agreement Exhibit A Older Workers Benefit Protection Act, that (ba) I You should consult with an attorney prior to signing executing this Additional General ReleaseSeparation Agreement; (cb) I You have twenty-one (21) calendar days to consider this Additional General Release Separation Agreement (although I may choose voluntarily to sign it You may, by Your own choice, execute this Separation Agreement earlier); (dc) I You have seven (7) calendar days following the date I sign execution of this Additional General Release Separation Agreement by You to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer)Separation Agreement; and (ed) this Additional General Release will Separation Agreement shall not be effective until the date upon which the this revocation period has expired unexercisedexpired. If You wish to revoke the Separation Agreement, which will You must send written notice of Your revocation to the attention of , to be received within seven (7) days following Your signature on this Separation Agreement. The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and Your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, You understand and agree that You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the eighth calendar day after agency claim. This waiver and release is effective to the date that this Additional General Release is signed by me provided that I do not revoke itfull extent the law permits You to release Your individual claims. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release It does not extend to claims that the creditor affect reimbursement rights You may currently possess under any health insurance coverage or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would accrued rights You may have materially affected his or her settlement with the debtor or released partyunder any retirement plan after termination.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I You acknowledge that I am by signing the Reaffirmation Signature you are knowingly and voluntarily waiving and releasing any rights I you may have under the ADEA federal Age Discrimination in Employment Act (the “ADEA Waiver”), ) and that the consideration given for this the ADEA Waiver is in addition to anything of value to which I am you are already entitled. I You further acknowledge that I have been advised, as required by the ADEA, that: (a) my your ADEA Waiver does not apply to any rights or claims that may arise after you sign the date that I sign Reaffirmation Signature of this Additional General ReleaseAgreement; (b) I you have a right to and should consult with an attorney prior to signing executing this Additional General ReleaseAgreement; (c) I you have twenty-one (21) 21 calendar days within which to consider this Additional General Release Agreement for reaffirmation (although I you may choose voluntarily to sign reaffirm this Agreement earlier provided it earlieris after the Separation Date); (d) I you have seven (7) 7 calendar days following the date I sign this Additional General Release of your Reaffirmation Signature to revoke my acceptance (by providing written notice your reaffirmation of my revocation to the Company’s Chief Executive Officer)this Agreement; and (e) the reaffirmation of this Additional General Release Agreement will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me your Reaffirmation Signature, provided that I you have not revoked it (the “Reaffirmation Effective Date”). You agree that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original 21-day consideration period provided in this paragraph for you to reaffirm this Agreement. You acknowledge that you will only be eligible for the Separation Benefits if you sign the Reaffirmation Signature and do not revoke itit To revoke the reaffirmation of this Agreement, you must email to Human Resources a written notice of revocation at XX@xxxxxx.xxx, prior to the end of the 7-day period. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I You acknowledge that I have read your consent to this Agreement and understand Section 1542 of the California Civil Code which reads as follows: “A general release does reaffirmation is knowing and voluntary. The severance offer will be automatically withdrawn if you do not extend to claims that sign the creditor or releasing party does not know or suspect to exist in his or her favor at Reaffirmation Signature within the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party21-day consideration period.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge By execution of this document, Employee expressly waives any and all rights to claims under the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621, et seq. (the “ADEA”). (a) Employee acknowledges that I am knowingly and voluntarily waiving and releasing any Employee’s waiver of rights I may have or claims refers to rights or claims arising under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything writing and is understood by Employee. (b) Employee expressly understands that by execution of value to which I am already entitled. I further acknowledge that I have been advisedthis document, as required by the ADEA, that: (a) my ADEA Waiver Employee does not apply to waive any rights or claims under the ADEA that may arise after the date that I sign this Additional General Release; (b) I should consult with an attorney prior to signing this Additional General Release; the waiver is executed. (c) I have twentyEmployee acknowledges that the waiver of Employee’s rights or claims arising under the ADEA is in exchange for the consideration outlined in this Agreement which is above and beyond that to which Employee is entitled. (d) Employee acknowledges that Stereotaxis expressly advised Employee to consult an attorney of Employee's choosing prior to executing this document and that Employee has been given a period of not less than forty-one five (2145) calendar days within which to consider this Additional General Release Agreement. (although I may choose voluntarily e) Employee acknowledges that Employee has been advised by Stereotaxis that Employee is entitled to sign it earlier); revoke (din the event Employee executes this document) I have Employee’s waiver of rights or claims arising under the ADEA within seven (7) calendar days following the date I sign after executing this Additional General Release document by notifying Stereotaxis in writing at: Stereotaxis, 4000 Xxxxxx Xxxx Xxxxxx, Xxxxx 000, Xx. Xxxxx, Xxxxxxxx 00000, Attn: VP of Human Resources that Employee intends to revoke my acceptance this waiver and that said waiver will not and does not become effective or enforceable until the seven (by providing written notice 7) day period has expired. Employee agrees that payment of my revocation to the Company’s Chief Executive Officer); monies due under this executed and (e) this Additional General Release unrevoked waiver will not be effective payable until the date upon which the seven (7) day revocation period has expired unexercised, which will be the eighth calendar day after the date that and Employee has not revoked this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partywaiver.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that I am knowingly this AGREEMENT includes a release and voluntarily waiving and releasing any rights I may have waiver of claims under the ADEA Age Discrimination in Employment Act (the “ADEA WaiverADEA”), and that the EMPLOYEE agrees as follows: (a) This AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration given for this ADEA Waiver is to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of value the AGREEMENT, and is choosing to which I am already entitledwaive this right by signing this AGREEMENT. I further acknowledge EMPLOYEE agrees that I have been advisedany changes or amendments to this AGREEMENT, as required by whether or not material, will not restart the ADEAforty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, that: and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (ae) my ADEA Waiver EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not apply to any waive rights or claims under the ADEA that may arise after the date that I sign this Additional General Release; (b) I should consult with an attorney prior to signing this Additional General Release; (c) I have twenty-one (21) calendar days to consider this Additional General Release (although I may choose voluntarily to sign it earlier); (d) I have seven (7) calendar days following the date I sign this Additional General Release Agreement is executed. If EMPLOYEE wishes to revoke my acceptance (by providing this AGREEMENT, EMPLOYEE must deliver written notice of my revocation via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the Company’s Chief Executive Officer); and seventh (e7Ih) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that on which you sign this Additional AGREEMENT. 6 Xxxxxxx Xxxxxxx - General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.Separation Agreement

ADEA Waiver. I acknowledge In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that I am knowingly this AGREEMENT includes a release and voluntarily waiving and releasing any rights I may have waiver of claims under the ADEA (the “ADEA Waiver”)Age Discrimination in Employment Act, and that the EMPLOYEE agrees as follows: (a) This AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration given for this ADEA Waiver is to EMPLOYEE in addition to anything of value else EMPLOYEE is already entitled to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: receive; (ac) my ADEA Waiver does not apply EMPLOYEE is hereby advised to any rights or claims that may arise after the date that I sign this Additional General Release; (b) I should consult with an attorney prior to before signing this Additional General Release; AGREEMENT; (cd) I have EMPLOYEE has twenty-one (21) calendar days days, from the date EMPLOYEE receives this Agreement, to consider this Additional General Release AGREEMENT. If EMPLOYEE signs this Agreement before the expiration of the twenty-one (although I may choose voluntarily 21) day period, EMPLOYEE hereby waives the remainder of that period. EMPLOYEE agrees that any changes or amendments to sign it earlier); this AGREEMENT, whether or not material, will not restart the twenty-one (d21) I have day period; (e) EMPLOYEE has seven (7) calendar days following the date I sign after signing this Additional General Release AGREEMENT to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer); this AGREEMENT, and (e) this Additional General Release AGREEMENT will not be effective effective, and EMPLOYEE will not receive any of the separation benefits, until the date upon which the that revocation period has expired unexercisedexpired; and If EMPLOYEE wishes to revoke this AGREEMENT, which will be EMPLOYEE must deliver written notice via hand-delivery or email, stating EMPLOYEE’s intent to revoke to Xxx Xxxxxx, General Counsel, Xxxxxx Bros. Company 0000 Xxxxxx Xxxxxxxx Drive, Northlake, Texas 76262 (xxxxxxx@xxxxxxxxxx.xxx), on or before 5:00 p.m. on the eighth calendar seventh (7th) day after the date that on which you sign this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyAGREEMENT.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge understand that there may be numerous, valuable rights under federal and state law, including rights under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq., which I am knowingly waiving by executing this Agreement. In connection with this, I hereby certify that: a. This Agreement and voluntarily waiving and releasing any rights the Plan are written in a manner that is understandable to me; b. I may have am receiving valuable consideration under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything of value Agreement to which I am already would not otherwise be entitled. I further acknowledge that ; c. I have been advised, as required by the ADEA, that: (a) my ADEA Waiver does not apply advised in writing to any rights or claims that may arise after the date that I sign this Additional General Release; (b) I should consult with an attorney prior to signing executing this Additional General Release; (c) Agreement; d. I understand that this Agreement is a general release of Delta and the other Released Parties from any past or existing claim or potential claim including any claim or potential claim relating to my employment relationship with Delta, and termination of that relationship; e. I have twentybeen given a period of forty-one five (2145) calendar days in which to consider whether to sign this Agreement and to consult with an attorney, accountant, tax advisor, spouse, or any other person. I have either used this full forty-five (45) day period to consider this Additional General Release (although Agreement, or have voluntarily chosen to execute this Agreement before the end of that period; f. I may choose voluntarily to sign it earlier); (d) understand I have seven (7) calendar days following the date I sign after signing this Additional General Release Agreement to revoke my acceptance this Agreement (by providing written notice the “Revocation Period”). To revoke this Agreement, I must notify Delta of my revocation the intent to revoke through a signed statement delivered to Rxx Xxxxx, Delta Air Lines, Inc., ATG Department 948, 1000 Xxxxx Xxxx., Xxxxxxx, Xxxxxxx 00000-0000, or to such other person and address as Delta may designate in writing, on or before the Company’s Chief Executive Officer); and (e) last day of the Revocation Period. I acknowledge that this Additional General Release Agreement will not be effective take effect until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me Revocation Period has expired, provided that I do have not exercised my revocation right. If I revoke it. Waiver this Agreement, it shall immediately be void and of Unknown Claims. no further force or effect and I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving will not receive the releases set forth Severance Benefits referred to in Section 2 of this Additional General ReleaseAgreement; otherwise, which include claims which may this Agreement will be unknown to me at present, I acknowledge that I have read fully effective and understand Section 1542 enforceable as of the California Civil Code which reads as followsday after the Revocation Period. [Note: “A general release does not extend if employee is based in or resides in Minnesota—revocation period must be 15 days to claims that be valid under the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.Minnesota Human Rights Act]

ADEA Waiver. I acknowledge Executive expressly acknowledges and agrees that I am knowingly by entering into this Agreement, she is waiving any and voluntarily waiving and releasing any all rights I or claims that she may have arising under the ADEA Age Discrimination in Employment Act of 1967, as amended (the “ADEA WaiverADEA”), and that this waiver and release is knowing and voluntary. Executive and the consideration given for Company agree that this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Executive signs this Agreement. Executive further expressly acknowledges and agrees that: (a) In return for this Agreement, she will receive consideration beyond that I sign which she was already entitled to receive before executing this Additional General Release; Agreement; (b) I should She is hereby advised in writing by this Agreement to consult with an attorney prior to before signing this Additional General Release; Agreement; (c) I She was given a copy of this Agreement on the Effective Date, and informed that she had twenty-one (21) days within which to consider this Agreement and that if she wished to execute this Agreement prior to the expiration of such 21-day period she will have done so voluntarily and with full knowledge that she is waiving her right to have twenty-one (21) calendar days to consider this Additional General Release Agreement; and that such twenty-one (although I may choose voluntarily 21) day period to sign it earlier); consider this Agreement would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Agreement in such twenty-one (21) day period after she received it; (d) I have She was informed that she had seven (7) calendar days following the date I sign of execution of this Additional General Release Agreement in which to revoke my acceptance (this Agreement, and this Agreement will become null and void if Executive elects revocation during that time. Any revocation must be in writing and must be received by providing written the Company during the seven-day revocation period. In the event that Executive exercises this revocation right, neither the Company nor Executive will have any obligation under this Agreement. Any notice of my revocation must be sent by Executive in writing to the Company’s Chief Executive OfficerCompany (attention General Counsel); , 0000 Xxxxx Xxxxxxx Xxxxxx, Xxx Xxxxxxx, Xxxxxxxxxx 00000, and with a copy (which shall not constitute notice) to Xxxxxxx X. Xxxxxxxxx, Esq., O’Melveny & Xxxxx LLP, 000 Xxxxxxx Xxxxxx Xxxxx, Xxxxx 0000, Xxxxxxx Xxxxx, XX 00000, so that each is received within the seven-day period following execution of this Agreement by Executive. (e) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth Nothing in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 Agreement prevents or precludes Executive from challenging or seeking a determination in good faith of the California Civil Code which reads as follows: “A general release validity of this waiver under the ADEA, nor does not extend to claims that the creditor it impose any condition precedent, penalties or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatcosts for doing so, if known unless specifically authorized by him or her, would have materially affected his or her settlement with the debtor or released partyfederal law.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I You acknowledge that I am knowingly your waiver and voluntarily waiving and releasing release hereunder of any rights I you may have under the ADEA Age Discrimination in Employment Act of 1967 (the “ADEA Waiver”ADEA), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required amended by the ADEAOlder Workers Benefit Protection Act, that: (a) my ADEA Waiver is knowing and voluntary. You certify that you have read and understand the provisions of this release of claims. You and the Company agree that this waiver and release does not apply to any rights or claims that may arise under ADEA after the date this Separation Agreement is executed. You acknowledge that I sign the severance benefits provided in this Additional General Release; Separation Agreement are specifically linked to your ADEA claim release and that you would not receive the same benefits absent your agreement to provide such a release. You acknowledge that you have been advised by this writing, as required by the Older Workers Benefit Protection Act, that (ba) I you should consult with an attorney prior to signing executing this Additional General ReleaseSeparation Agreement; (cb) I you have twenty-one (21) calendar days to consider this Additional General Release Separation Agreement (although I may choose voluntarily to sign it you may, by your own choice, execute this Separation Agreement earlier); (dc) I you have seven (7) calendar days following the date I sign execution of this Additional General Release Separation Agreement by you to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer)Separation Agreement; and (ed) this Additional General Release will Separation Agreement shall not be effective until the date upon which the this revocation period has expired unexercisedexpired. If you wish to revoke the Separation Agreement, which will you must send written notice of your revocation to the attention of , to be received within seven (7) days following your signature on this Separation Agreement. Separation Agreement Exhibit A The only Claims excluded from this release are claims relating to breach or enforceability of this Separation Agreement and your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, you understand and agree that you are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the eighth calendar day after agency claim. This waiver and release is effective to the date that this Additional General Release is signed by me provided that I do not revoke itfull extent the law permits you to release your individual claims. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release It does not extend to claims that the creditor affect reimbursement rights you may currently possess under any health insurance coverage or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would accrued rights you may have materially affected his or her settlement with the debtor or released partyunder any retirement plan after termination.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge that I am knowingly The Executive has read this Release carefully and voluntarily waiving expressly acknowledges and releasing any rights I may have under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, agrees that: (a) my ADEA Waiver does not apply in return for this Release, the Executive will receive consideration beyond that which he was already entitled to any rights or claims that may arise after the date that I sign receive before entering into this Additional General Release; (b) I should consult with an attorney the Executive was given a copy of this Release on [ , 20 ] and informed that he had at least twenty-one (21) days to consider all of its terms and that if the Executive wished to execute this Release prior to signing this Additional General Release; the expiration of such twenty-one (c21) I day period he will have done so voluntarily and with full knowledge that he is waiving his right to have twenty-one (21) calendar days to consider this Additional General Release, and that such twenty-one (21) day period to consider this Release would not and will not be re-started or extended based on any changes, whether material or immaterial, that are or were made to this Release in such twenty-one (although I may choose voluntarily 21) day period after he received it; (c) the Executive is hereby advised in writing by this Release to sign it earlier)consult with any attorney and any other advisors of the Executive’s choice prior to executing this Release; (d) I the Executive fully understands that by signing below the Executive is voluntarily giving up any right which the Executive may have seven to xxx or bring any other claims against the Released Parties, including any and all rights and claims that the Executive may have arising under the Age Discrimination in Employment Act of 1967, as amended (7) calendar days following “ADEA”), which have arisen on or before the date I sign of execution of this Additional General Release to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer)Release; and (e) nothing in this Additional General Release will not be effective prevents or precludes the Executive from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. The Executive also understands that the Executive has a period of seven (7) days after signing this Release within which to revoke his agreement, and that neither the Company nor any other person is obligated to make any payments or provide any other benefits to the Executive pursuant to the Agreement until eight (8) days have passed since the date upon which Executive’s signing of this Release without the revocation period has expired unexercised, which will be Executive’s signature having been revoked other than any accrued obligations or other benefits payable pursuant to the eighth calendar day after terms of the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMSCompany’s normal payroll practices or employee benefit plans. In giving the releases set forth event the Executive exercises this right of revocation, neither the Company nor the Executive will have any obligations under this Release. Finally, the Executive has not been forced or pressured in any manner whatsoever to sign this Additional General Release, which include claims which may be unknown and the Executive agrees to me at present, I acknowledge that I have read and understand Section 1542 all of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyits terms voluntarily.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge Employee acknowledges that I am Employee is knowingly and voluntarily waiving and releasing any rights I Employee may now have or have had under the ADEA Age Discrimination in Employment Act (the “ADEA WaiverADEA”), and as amended. Employee also acknowledges that the consideration given for this ADEA Waiver the waiver and release herein is in addition to anything of value to which I am Employee was already entitled. I Employee further acknowledge acknowledges that I have Employee has been advisedadvised by this writing, as required by the ADEA, that: (ai) my ADEA Waiver does Employee’s waiver and release do not apply to any rights or claims that may arise after the date that I sign Employee’s execution of this Additional General ReleaseAgreement; (bii) I should Employee has the right and is advised to consult with an attorney prior to signing before executing this Additional General ReleaseAgreement; (ciii) I have twenty-one Employee has 21 days from the date of this Agreement to execute this Agreement (21though Employee is free to execute this Agreement before the 21st day) calendar days and may accept by sending the executed Agreement to consider this Additional General Release (although I may choose voluntarily to sign it earlier); (div) I have Employee has seven (7) calendar days following the date I sign Employee’s execution of this Additional General Release Agreement to revoke my acceptance the Agreement, provided Employee has sent a letter to stating that Employee is revoking it no later than the end of the seventh day; (by providing written notice of my revocation to the Company’s Chief Executive Officer); and (ev) this Additional General Release Agreement will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth calendar day after the date that this Additional General Release Agreement is signed executed by me Employee, provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in Company has also executed this Additional General Release, which include claims which may be unknown to me at present, I acknowledge Agreement by that I have read date; and understand Section 1542 of the California Civil Code which reads as follows: “A general release (vi) this Agreement does not extend affect Employee’s ability to claims test the knowing and voluntary nature of this Agreement. The Parties agree that any revisions to this Agreement will not reset the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyapplicable review period.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge that I am knowingly Employee expressly acknowledges and voluntarily agrees that, by entering into this Agreement, [he/she] is waiving any and releasing any rights I may have under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver does not apply to any all rights or claims that [he/she] may arise after have arising under the Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the date of execution of this Agreement. Employee further expressly acknowledges and agrees that: a. In return for this Agreement [he/she] will receive compensation beyond that I sign which [he/she] already was entitled to receive before entering into this Additional General Release; (b) I should Agreement; b. [He/She] is hereby advised in writing by this Agreement to consult with an attorney prior to before signing this Additional General ReleaseAgreement; c. [He/She] was given a copy of this Agreement on ___________, 200_, and informed that (i) [he/she] had 21 days within which to consider the Agreement; (cii) I the 21-day period to consider this Agreement will not re-start or be extended if changes (whether material or immaterial) are made to this Agreement after the date it is first provided to Employee; (iii) Employee may waive the 21-day period; and (iv) if Employee signs this Agreement before the end of such 21-day period, Employee acknowledges and agrees that Employee will have twenty-one (21) calendar done so voluntarily and with full knowledge that Employee is waiving [his/her] right to have 21 days to consider this Additional General Release (although I may choose voluntarily to sign it earlier); (d) I have Agreement. d. [He/She] was informed that [he/she] has seven (7) calendar days following the date I sign that Employee signs this Additional General Release Agreement in which to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer); Agreement, and (e) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed Agreement will become null and void if Employee elects revocation during that time. Any revocation must be in writing and must be received by me provided that I do not revoke it. Waiver RGP (delivered to [insert name of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMSER Director]) during the seven-day revocation period. In giving the releases set forth event that Employee exercises [his/her] right of revocation, neither RGP nor Employee will have any obligations under this Agreement. e. Nothing in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the California Civil Code which reads as follows: “A general release validity of this waiver under the ADEA, nor does not extend to claims that the creditor it impose any condition precedent, penalties or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatcosts from doing so, if known unless specifically authorized by him or her, would have materially affected his or her settlement with the debtor or released partyfederal law.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge that I am knowingly Employee expressly acknowledges and voluntarily agrees that, by entering into this Agreement, [he/she] is waiving any and releasing any rights I may have under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver does not apply to any all rights or claims that [he/she] may arise after have arising under the Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the date of execution of this Agreement. Employee further expressly acknowledges and agrees that: a. In return for this Agreement [he/she] will receive compensation beyond that I sign which [he/she] already was entitled to receive before entering into this Additional General Release; (b) I should Agreement; b. [He/She] is hereby advised in writing by this Agreement to consult with an attorney prior to before signing this Additional General ReleaseAgreement; c. [He/She] was given a copy of this Agreement on , 200 , and informed that (i) [he/she] had 21 days within which to consider the Agreement; (cii) I the 21-day period to consider this Agreement will not re-start or be extended if changes (whether material or immaterial) are made to this Agreement after the date it is first provided to Employee; (iii) Employee may waive the 21-day period; and (iv) if Employee signs this Agreement before the end of such 21-day period, Employee acknowledges and agrees that Employee will have twenty-one (21) calendar done so voluntarily and with full knowledge that Employee is waiving [his/her] right to have 21 days to consider this Additional General Release (although I may choose voluntarily to sign it earlier); (d) I have Agreement. d. [He/She] was informed that [he/she] has seven (7) calendar days following the date I sign that Employee signs this Additional General Release Agreement in which to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer); Agreement, and (e) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed Agreement will become null and void if Employee elects revocation during that time. Any revocation must be in writing and must be received by me provided that I do not revoke it. Waiver RGP (delivered to [insert name of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMSER Director]) during the seven-day revocation period. In giving the releases set forth event that Employee exercises [his/her] right of revocation, neither RGP nor Employee will have any obligations under this Agreement. e. Nothing in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 Agreement prevents or precludes Employee from challenging or seeking a determination in good faith of the California Civil Code which reads as follows: “A general release validity of this waiver under the ADEA, nor does not extend to claims that the creditor it impose any condition precedent, penalties or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatcosts from doing so, if known unless specifically authorized by him or her, would have materially affected his or her settlement with the debtor or released partyfederal law.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that I am knowingly this AGREEMENT includes a release and voluntarily waiving and releasing any rights I may have waiver of claims under the ADEA Age Discrimination in Employment Act (the “ADEA WaiverADEA”), and that the EMPLOYEE agrees as follows: (a) This AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration given for this ADEA Waiver is to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has forty-five (45) days prior to the execution of value the AGREEMENT, and is choosing to which I am already entitledwaive this right by signing this AGREEMENT. I further acknowledge EMPLOYEE agrees that I have been advisedany changes or amendments to this AGREEMENT, as required by whether or not material, will not restart the ADEAforty-five (45) day period; (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, that: and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (ae) my ADEA Waiver EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not apply to any waive rights or claims under the ADEA that may arise after the date that I sign this Additional General Release; (b) I should consult with an attorney prior to signing this Additional General Release; (c) I have twenty-one (21) calendar days to consider this Additional Agreement is executed. 6 Xxxxx Xxxxxxxxxx - General Release (although I may choose voluntarily to sign it earlier); (d) I have seven (7) calendar days following the date I sign this Additional General Release and Separation Agreement If EMPLOYEE wishes to revoke my acceptance (by providing this AGREEMENT, EMPLOYEE must deliver written notice of my revocation via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx - xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the Company’s Chief Executive Officer); and seventh (e7Ih) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that on which you sign this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyAGREEMENT.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge Employee further expressly understands and acknowledges that I am knowingly and voluntarily Employee is waiving and releasing any rights I Employee may have under the ADEA Age Discrimination in Employment Act of 1967 (the “ADEA WaiverADEA”), and that the consideration given for this ADEA Waiver waiver and release is in addition to anything of value to which I am already entitledknowing and voluntary. I further acknowledge Employee understands and agrees that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver this waiver and release does not apply to any rights or claims that may arise under the ADEA after the date Employee executes this Supplemental Release. Employee understands and acknowledges that I sign the consideration given for this Additional General Release; waiver and release is in addition to anything of value to which Employee was already entitled. Employee further understands and acknowledges that Employee has been advised by this writing that: (ba) I Employee should consult with an attorney prior to signing executing this Additional General Supplemental Release; (cb) I have Employee has twenty-one (21) calendar days within which to consider this Additional General Supplemental Release, by which time the Company must receive an executed copy; (c) Employee has seven (7) days following Employee’s execution of this Supplemental Release to revoke this Supplemental Release, and agrees that any such revocation must be in a writing by email or Federal Express received by Xxxxxxx XxXxx by midnight on the seventh (although I may choose voluntarily to sign it earlier)7th) day following Employee’s execution of this Supplemental Release; (d) I have seven (7) calendar days following this Supplemental Release shall not be effective until after the date I sign this Additional General Release to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer)period has expired; and (e) nothing in this Additional General Supplemental Release will not be effective until prevents or precludes Employee from challenging or seeking a determination in good faith of the date upon which validity of this waiver under the revocation period has expired unexercisedADEA, which will be the eighth calendar day after the date that this Additional General Release is signed nor does it impose any condition precedent, penalties, or costs for doing so, unless specifically authorized by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMSfederal law. In giving the releases set forth event Employee signs this Supplemental Release and returns it to the Company in less than the twenty-one (21)-day period identified above, Employee hereby acknowledges that Employee has freely and voluntarily chosen to waive the time period allotted for considering this Additional General Supplemental Release. Employee understands and agrees that Employee executed this Supplemental Release voluntarily, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 without any duress or undue influence on the part or behalf of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor Company or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and thatany third party, if known by him or her, would have materially affected his or her settlement with the debtor or released partyfull intent of releasing all of Employee’s claims against the Releasees.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I You agree that you are voluntarily executing this Release. You acknowledge that I am you are knowingly and voluntarily waiving and releasing any rights I you may have under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver the waiver and release is in addition to anything of value to which I am you were already entitled. I You further acknowledge that I you have been advisedadvised by this writing, as required by the ADEA, that: (aA) my ADEA Waiver does your waiver and release specified in this paragraph do not apply to any rights or claims that may arise after the date that I you sign this Additional General Release; (bB) I should you have been advised to consult with an attorney prior to signing this Additional General Release; (cC) I if part of a group termination, you have twenty-one received a disclosure from the Company that includes a description of the class, unit or group of individuals covered by this employment termination program, the eligibility factors for such program, and any time limits applicable to such program and a list of job titles and ages of all employees selected for this group termination and ages of those individuals in the same job classification or organizational unit who were not selected for termination (21“Disclosures”); (D) calendar you have 21 days from the date that you receive this Release to consider this Additional General Release (although I you may choose voluntarily to sign it earlierany time on or after your Separation Date); (dE) I you have seven (7) calendar days following the date I after you sign this Additional General Release to revoke my acceptance it (by providing written notice of my revocation to the Company’s Chief Executive Officer“Revocation Period”); and (eF) this Additional General Release will not be effective until you have returned it to Yahoo! (instructions below) and the date upon which the revocation period Revocation Period has expired unexercised(the “Effective Date”). Do not sign this Release prior to the Separation Date. If this Release is acceptable to you, which will be the eighth calendar day please: sign below on or after the date that this Additional General Release is signed Separation Date and return the original to Mini Khroad at [Contact] or Yahoo!, 000 Xxxxx Xxxxxx, Xxxxxxxxx, Xxxxxxxxxx 00000 by me provided that I do not revoke itDecember 21, 2012. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release/s/ Xxxxxxx Xxxxxxx October 26, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.2012

ADEA Waiver. I acknowledge In addition to the provisions contained herein, and by execution of this Agreement, Employee expressly waives any and all rights to claims arising under the Age Discrimination in Employment Act of 1967, as amended, ("ADEA") and: a) Employee acknowledges that I am knowingly and voluntarily waiving and releasing any his waiver of rights I may have or claims arising under the ADEA (the “ADEA Waiver”)is in writing, written in a manner calculated to be understood, and is understood by him; b) Employee expressly understands that the consideration given for this ADEA Waiver is in addition waiver refers to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by rights or claims arising under the ADEA; c) Employee expressly understands that by execution of this Agreement, that: (a) my ADEA Waiver he does not apply to waive any ADEA rights or claims that may arise after the date this Agreement is executed; d) Employee acknowledges that I sign the waiver of his rights on claims arising under the ADEA is in exchange for the consideration outlined in paragraph 2 above, which is above and beyond that to which he is otherwise entitled to receive from CPI; e) Employee acknowledges that CPI expressly advised him by this Additional General Release; (b) I should Agreement to consult with an attorney of his choosing prior to signing executing this Additional General Release; (c) I have Agreement. Employee has been advised by CPI that Employee is given a period of twenty-one (21) calendar days following his receipt of this Agreement within which to consider this Additional General Release Agreement. Employee may elect to accept or reject this offer within the time period. If Employee does nothing within the twenty-one (although I may choose voluntarily 21) day period, CPI shall consider the offer withdrawn. Employee certifies that if he signs this Agreement prior to sign it earlier); the expiration of the twenty-one (d21) I have days following his receipt of the Agreement, he does so knowingly and willingly. Furthermore, Employee acknowledges and understands that for a period of seven (7) calendar days following after he signs and delivers this Agreement to CPI, he may change his mind and revoke the date I sign this Additional General Release Agreement. If Employee desires to revoke my acceptance (by providing written the Agreement, Employee must deliver notice of my such revocation in writing to Xxxx X. Xxxxxx, CPI Corp., Legal Department, 0000 Xxxxxxxxxx Xxxxxx, Xx. Xxxxx, Xxxxxxxx 00000, on or before the Company’s Chief Executive Officer); close of business on the seventh day following Employee's execution and (e) delivery of the Agreement. Consequently, this Additional General Release Agreement will not be effective in effect until seven (7) days have passed following Employee's signing and delivery of the date upon which Agreement. If the revocation period has expired unexercisedis mailed, which will it shall be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor deemed effective at the time it is mailed. If hand-delivered, a notice of executing revocation shall be deemed effective on the release date delivered. If Employee gives notice of revocation during the revocation period, this Agreement shall become null and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive void and relinquish all rights and benefits under that section claims of both CPI and any law or legal principle Employee, which would have existed but for the execution of similar effect in any jurisdiction with respect to my release of claims hereinthis Agreement, including but not limited to the release of unknown and unsuspected claimsshall be restored.

ADEA Waiver. I acknowledge Employee acknowledges that I am Employee is knowingly and voluntarily waiving and releasing any rights I Employee may have under the ADEA ADEA, as amended. Employee also acknowledges that (the “ADEA Waiver”), and that i) the consideration given to Employee in exchange for the waiver and release in this ADEA Waiver Agreement is in addition to anything of value to which I am Employee was already entitled, and (ii) that Employee has been paid for all time worked, have received all the leave, leaves of absence and leave benefits and protections for which Employee is eligible. I Employee further acknowledge acknowledges that I have Employee has been advised, as required advised by the ADEA, this writing that: (a) my ADEA Waiver does Employee’s waiver and release do not apply to any rights or claims that may arise after the execution date that I sign of this Additional General ReleaseAgreement; (b) I should Employee has been advised hereby that Employee has the right to consult with an attorney prior to signing executing this Additional General ReleaseAgreement; (c) I have twentyEmployee has forty-one five (2145) calendar days to consider this Additional General Release Agreement (although I Employee may choose to voluntarily to execute this Agreement earlier and, if Employee does, Employee will sign it earlierthe Consideration Period waiver below); (d) I have Employee has seven (7) calendar days following the date I sign Employee’s execution of this Additional General Release Agreement to revoke my acceptance (by providing written notice of my revocation the Agreement in writing and actually delivered to the Company’s Chief Executive Officer)Xxxxx Xxxxxx at ChannelAdvisor; and (e) this Additional General Release will Agreement shall not be effective until the date upon which the revocation period has expired unexercised, which will shall be the eighth calendar day after this Agreement is executed by Employee (the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyEffective Date”).” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I You acknowledge that I am knowingly Your waiver and voluntarily waiving and releasing release hereunder of any rights I You may have under the ADEA Age Discrimination in Employment Act of 1967 (the “ADEA Waiver”ADEA), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required amended by the ADEAOlder Workers Benefit Protection Act, that: (a) my ADEA Waiver is knowing and voluntary. You certify that You have read and understand the provisions of this release of Claims. You and the Company agree that this waiver and release does not apply to any rights or claims Claims that may arise under ADEA after the date this Separation Agreement is executed. You acknowledge that I sign the severance benefits provided in this Additional General Release; Separation Agreement are specifically linked to Your ADEA Claim release and that You would not receive the same benefits absent Your agreement to provide such a release. You acknowledge that You have been advised by this writing, as required by the Older Workers Benefit Protection Ac that (ba) I You should consult with an attorney prior to signing executing this Additional General ReleaseSeparation Agreement; (cb) I You have twenty-one (21) calendar days to consider this Additional General Release Separation Agreement (although I may choose voluntarily to sign it You may, by Your own choice, execute this Separation Agreement earlier); (dc) I You have seven (7) calendar days following the date I sign execution of this Additional General Release Separation Agreement by You to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer)Separation Agreement; and (ed) this Additional General Release will Separation Agreement shall not be effective until the date upon which Effective Date . If You wish to revoke the Separation Agreement, You must send written notice of Your revocation period has expired unexercisedto the attention of Xxxxxxx Xxxxxx or, which will if he is not employed by the Company at the time, the individual in his position at the time, to be received within seven (7) days following Your signature on this Separation Agreement. You agree with the eighth calendar day after the date Company that this Additional General Release is signed by me provided that I changes, whether material or immaterial, do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving restart the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 running of the California Civil Code which reads 21 day consideration period. The only Claims excluded from this release are (a) Claims relating to breach or enforceability of this Separation Agreement, (b) Claims for indemnity under the Company’s Bylaws or Certificate of Incorporation as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known provided for by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any Delaware law or legal principle of similar effect in under any jurisdiction applicable insurance policy with respect to my release Your liability as an employee or officer of claims hereinthe Company, (c) Claims that cannot be released under applicable law, and (d) Your right to file a complaint, charge or other action with a governmental agency. With regard to governmental agency complaints, however, You understand and agree that unless prohibited by law, You are expressly waiving any right to obtain monetary damages or any other relief that provides personal benefit resulting from the agency Claim. Notwithstanding the foregoing, nothing herein shall prevent You from receiving an award pursuant to any state or federal statute regarding whistleblowing, including but not limited to Section 21F of the Securities Exchange Act of 1934 and Section 806 of the Xxxxxxxx-Xxxxx Act of 2002. This waiver and release of unknown and unsuspected is effective to the full extent the law permits You to release Your individual claims. It does not affect reimbursement rights You may currently possess under any health insurance coverage or accrued rights You may have under any retirement or welfare plan after termination.

ADEA Waiver. I acknowledge Xxxxxxx expressly acknowledges and agrees that I am knowingly by entering into this Release, he is waiving any and voluntarily waiving and releasing any rights I may have under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver does not apply to any all rights or claims that he may arise after have arising under the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), which have arisen on or before the date of execution of this Release. Xxxxxxx further expressly acknowledges and agrees that: (a) In return for this Release, he will receive consideration beyond that I sign which he was already entitled to receive before entering into this Additional General Release; ; (b) I should He is hereby advised in writing by this Release to consult with an attorney prior to before signing this Additional General Release; ; (c) I have He has read and understands the terms of this Agreement; (d) He was given a copy of this Release prior to date hereof, and informed that he had twenty-one (21) calendar days within which to consider this Additional General Release, that changes (whether material or otherwise) will not restart the 21-day period; (e) Nothing in this Release prevents or precludes Xxxxxxx from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law; (although I may choose voluntarily f) By signing this Agreement, Xxxxxxx acknowledges that Xxxxxxx does so freely, knowingly, and voluntarily. Xxxxxxx agrees that any changes made to sign it earlier)this Agreement, whether material or not material, made prior to Employee’s signing this Agreement will not restart the time period to review and consider it; and (dg) I have He was informed that he has seven (7) calendar days following the date I sign of execution of this Additional General Release in which to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer); this Release, and (e) this Additional General Release will not become null and void if Xxxxxxx so elects revocation during that time. Any revocation must be effective until in writing and must be received by LXL during the date upon which the seven (7)-day revocation period has expired unexercised, which will be and by the eighth calendar close of business on the seventh day after of such period (the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS“Revocation Period”). In giving the releases set forth in event that Xxxxxxx exercises his right of revocation, neither LXL nor Xxxxxxx will have any obligations under this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge understand that there may be numerous, valuable rights under federal and state law, including rights under the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. § 621, et seq., which I am knowingly waiving by executing this Agreement. In connection with this, I hereby certify that: a. This Agreement and voluntarily waiving and releasing any rights the Plan are written in a manner that is understandable to me; b. I may have am receiving valuable consideration under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything of value Agreement to which I am already would not otherwise be entitled. I further acknowledge that ; c. I have been advised, as required by the ADEA, that: (a) my ADEA Waiver does not apply advised in writing to any rights or claims that may arise after the date that I sign this Additional General Release; (b) I should consult with an attorney prior to signing executing this Additional General Release; (c) Agreement; d. I understand that this Agreement is a general release of Delta and the other Released Parties from any past or existing claim or potential claim including any claim or potential claim relating to my employment relationship with Delta, and termination of that relationship; e. I have been given a period of twenty-one (21) calendar days in which to consider whether to sign this Agreement and to consult with an attorney, accountant, tax advisor, spouse, or any other person. I have either used this full twenty-one (21) day period to consider this Additional General Release (although Agreement, or have voluntarily chosen to execute this Agreement before the end of that period; f. I may choose voluntarily to sign it earlier); (d) understand I have seven (7) calendar days following the date I sign after signing this Additional General Release Agreement to revoke my acceptance this Agreement (by providing written notice the “Revocation Period”). To revoke this Agreement, I must notify Delta of my revocation the intent to revoke through a signed statement delivered to Xxx Xxxxx, Delta Air Lines, Inc., ATG Department 948, 0000 Xxxxx Xxxx., Xxxxxxx, Xxxxxxx 00000-0000, or to such other person and address as Delta may designate in writing, on or before the Company’s Chief Executive Officer); and (e) last day of the Revocation Period. I acknowledge that this Additional General Release Agreement will not be effective take effect until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me Revocation Period has expired, provided that I do have not exercised my revocation right. If I revoke it. Waiver this Agreement, it shall immediately be void and of Unknown Claims. no further force or effect and I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving will not receive the releases set forth Severance Benefits referred to in Section 2 of this Additional General ReleaseAgreement; otherwise, which include claims which may this Agreement will be unknown to me at present, I acknowledge that I have read fully effective and understand Section 1542 enforceable as of the California Civil Code which reads as follows: “A general release does not extend to claims that day after the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyRevocation Period.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge In accordance with the Older Workers Benefit Protection Act of 1990, EMPLOYEE is hereby advised that I am knowingly this AGREEMENT includes a release and voluntarily waiving and releasing any rights I may have waiver of claims under the ADEA Age Discrimination in Employment Act (the “ADEA WaiverADEA”), and that the EMPLOYEE agrees as follows: (a) This AGREEMENT is written in a manner calculated to be understood by EMPLOYEE, and EMPLOYEE understands it; (b) This AGREEMENT provides consideration given for this ADEA Waiver is to EMPLOYEE in addition to anything else EMPLOYEE is already entitled to receive; (c) EMPLOYEE has twenty-one (21) days prior to the execution of value the AGREEMENT, and is choosing to which I am already entitledwaive this right by signing this AGREEMENT. I further acknowledge EMPLOYEE agrees that I have been advisedany changes or amendments to this AGREEMENT, as required by whether or not material, will not restart the ADEAtwenty- one (21) day period; 6 Confidential General Release and Separation Agreement —Xxxxxxxx (d) EMPLOYEE has seven (7) days after signing this AGREEMENT to revoke this AGREEMENT, that: and this AGREEMENT will not be effective, and EMPLOYEE will not receive any of the separation benefits, until that revocation period has expired; (ae) my ADEA Waiver EMPLOYEE has the right to consult with an attorney before signing this Agreement and, to the extent desired, EMPLOYEE has done so; and (f) EMPLOYEE does not apply to any waive rights or claims under the ADEA that may arise after the date that I sign this Additional General Release; (b) I should consult with an attorney prior to signing this Additional General Release; (c) I have twenty-one (21) calendar days to consider this Additional General Release (although I may choose voluntarily to sign it earlier); (d) I have seven (7) calendar days following the date I sign this Additional General Release Agreement is executed. If EMPLOYEE wishes to revoke my acceptance (by providing this AGREEMENT, EMPLOYEE must deliver written notice of my revocation via email, stating EMPLOYEE’S intent to revoke to Xxxxx Xxxxxxxxx, E-mail address: xxxxxxxxxx@xxxxxxxxxx.xxx on or before 5:00 p.m. on the Company’s Chief Executive Officer); and seventh (e7Ih) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that on which you sign this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyAGREEMENT.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge The Executive understands that I am he is waiving his rights under the ADEA and thus: (a) The Executive has been informed and understands and agrees that he has had at least [twenty-one (21)/in the event of a “group termination,” forty-five (45)] calendar days after receipt of this Release to consider whether to sign it. (b) The Executive has been informed and understands and agrees that he may revoke this Release at any time during the seven (7) calendar days after this Release is signed and returned to the Company. The Executive acknowledges and agrees that if he wishes to revoke this Release, he must do so in writing, and that such revocation must be signed by the Executive and received by the Company pursuant to Section 11 of the Change in Control Severance Agreement, no later than the seventh (7th) day after the Executive has signed and returned the Release. The Executive acknowledges and agrees that, in the event the Executive revokes the Release, he shall have no right to receive the Severance Payments provided in Section 6.1 of the Change in Control Severance Agreement. (c) The Executive acknowledges and agrees that prior to signing this Release, he read and understood each and every provision of this Release. (d) The Executive acknowledges and agrees that he is hereby advised in this writing to consult with an attorney of his choice concerning the legal consequences of this Release, and the Executive hereby acknowledges that prior to signing this Release, he had the opportunity to consult with an attorney of his choosing regarding the effect of each and every provision of this Release. (e) The Executive acknowledges and agrees that he knowingly and voluntarily waiving entered into this Release with complete understanding of all relevant facts, and that he was neither fraudulently induced nor coerced to enter into this Release. (f) The Executive understands that he is not waiving, releasing or otherwise discharging any rights I may have claims under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver does not apply to any rights or claims that may arise after the date he signs this Release. (g) [In the event of a “group termination”: The Executive acknowledges that I sign this Additional General Release; (b) I should consult with an attorney prior he received the attached additional disclosures relating to signing this Additional General Release; (c) I have twenty-one (21) calendar days to consider this Additional General Release (although I may choose voluntarily to sign it earlier); (d) I have seven (7) calendar days following a group termination program, as specified by the date I sign this Additional General Release to revoke my acceptance (by providing written notice of my revocation to the Company’s Chief Executive Officer); and (e) this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyOWBPA.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.]

ADEA Waiver. I acknowledge that I am knowingly In exchange for the Accelerated Vesting, the Extended Exercise Period, and voluntarily waiving all other consideration provided to you by the Company under this Agreement, other than the Severance Benefits and releasing COBRA Premium payments (or Alternative Cash Payments) (collectively, the “ADEA Waiver Consideration”), you hereby release the Released Parties of and from, any rights I may have and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to any claims you could assert under the ADEA (the “ADEA Waiver”). You acknowledge that you are knowingly and voluntarily waiving and releasing any rights you have under the ADEA, that the ADEA Waiver Consideration is being given in consideration for the ADEA Waiver, and that the such consideration given for this ADEA Waiver is in addition to anything of value to which I am you were already entitled. I You further acknowledge that I you have been advised, as required by the ADEA, that: (ai) my the ADEA Waiver does not apply to any rights or claims that may arise after the date that I you sign this Additional General ReleaseAgreement; (bii) I you should consult with an attorney prior to signing this Additional General ReleaseAgreement (although you may choose voluntarily not to do so); (ciii) I you have twenty-one (21) calendar days to consider this Additional General Release Agreement (although I you may choose voluntarily to sign it earlier); (div) I you have seven (7) calendar days following the date I you sign this Additional General Release Agreement to revoke my acceptance the ADEA Waiver (by providing in a written notice of my revocation provided to the Company’s Chief Executive OfficerCEO); and (ev) this Additional General Release the ADEA Waiver will not be effective until the date upon which the revocation period has expired unexercisedexpired, which will be the eighth calendar day after the date that you sign this Additional General Release is signed by me Agreement, provided that I do you have not timely revoked it (the “ADEA Waiver Effective Date”). You acknowledge and agree that, in the event you revoke it. the ADEA Waiver, you will not be entitled to the ADEA Waiver Consideration; and such revocation will not affect the validity or effectiveness of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMSthe general release that you are granting in Sections 15(a)-15(c) hereof, nor shall it invalidate your entitlement to the separate consideration expressly attributed thereto in this Agreement. In giving the releases set forth in granting this Additional General ReleaseADEA Waiver, which include you hereby covenant not to file any lawsuits, administrative proceedings, charges or other claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 arising out of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect way related to my release of any claims herein, including but not limited to you could have otherwise asserted under the release of unknown and unsuspected claimsADEA.

ADEA Waiver. I acknowledge The Employee acknowledges and agrees that I am knowingly and voluntarily the Employee is hereby waiving and releasing any age claims or rights I the Employee may have under the ADEA Age Discrimination in Employment Act of 1967 (the “ADEA WaiverADEA”), as amended by the Older Workers’ Benefit Protection Act of 1990, 29 U.S.C. §§ 621 et seq. This Section and this Agreement are written in a manner calculated to be understood by the Employee. In connection with this ADEA release, the Employee agrees that the Employee is hereby entering into this waiver and release knowingly and voluntarily, and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, that: (a) my ADEA Waiver waiver and release does not apply to any rights or claims that may arise under the ADEA after the date the Employee executes this Agreement. The Employee further acknowledges that I sign the consideration given for the release of the ADEA claims is in addition to anything of value to which the Employee was already entitled. Finally, the Employee acknowledges that the Employee has been advised by this Additional General Release; writing that: (ba) I the Employee should consult with an attorney prior to signing executing this Additional General ReleaseAgreement; (cb) I have the Employee has had at least twenty-one (21) calendar days from receipt of this Agreement to consider whether to execute it and release any age claim under the ADEA. If the Employee chooses to execute this Additional General Release (although I may choose voluntarily to sign it earlier)Agreement before the 21-day period has elapsed, the Employee does so knowingly and voluntarily; (dc) I have the Employee has seven (7) calendar days following the date I sign Employee’s execution of this Additional General Release Agreement to revoke my acceptance (the Employee’s signature by providing written notice of my revocation this fact within the 7-day period to Employer; such written notice to be delivered by overnight courier to Employer at the Company’s following address: Pacific Mercantile Bancorp 000 Xxxxx Xxxxx Xxxxx, Xxxxx 000 Xxxxx Xxxx, XX 00000 Attention: Chief Executive Officer); and Financial Officer (ed) if the Employee revokes this Additional General Release Agreement, the Employee will not be effective until receive the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases Severance or other benefits set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released partyAgreement.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown and unsuspected claims.

ADEA Waiver. I acknowledge Employee acknowledges that I am knowingly he has carefully read and voluntarily waiving fully understands the provisions of this paragraph. Employee understands and releasing any rights I may have under the ADEA (the “ADEA Waiver”), and that the consideration given for this ADEA Waiver is in addition to anything of value to which I am already entitled. I further acknowledge that I have been advised, as required by the ADEA, acknowledges that: (a) my ADEA Waiver does not apply to the preceding paragraph includes a voluntary waiver of any rights or and all claims that Employee has or may arise after have against the date that I sign this Additional General ReleaseARTISTdirect and/or the other persons and entities released herein arising under the federal Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq. ("ADEA Claims"); (b) I should Employee has waived any and all ADEA Claims pursuant to this Agreement and in exchange for consideration, the value of which exceeds the payments or remuneration to which Employee was already entitled; (c) Employee has been, and is hereby, advised to consult with an attorney concerning this paragraph prior to signing executing this Additional General ReleaseAgreement, and Employee has retained an attorney to provide him with legal advice concerning this Agreement; (cd) I have Employee has been, and is hereby, informed that he has a period of at least twenty-one (21) calendar days to consider the terms of this Additional General Release (although I may choose voluntarily to sign it earlier); (d) I have seven (7) calendar days following Agreement from the date I sign on which the ARTISTdirect delivers the Agreement to him and if he executes this Additional General Release Agreement prior to revoke my acceptance that time he expressly and voluntarily waives the foregoing twenty-one (by providing written notice of my revocation to the Company’s Chief Executive Officer)21) day period; and (e) Employee may revoke this Additional General Release will not be effective until the date upon which the revocation period has expired unexercised, which will be the eighth calendar day after the date that this Additional General Release is signed by me provided that I do not revoke it. Waiver of Unknown Claims. I UNDERSTAND THAT THIS ADDITIONAL GENERAL RELEASE INCLUDES A RELEASE OF ALL KNOWN AND UNKNOWN CLAIMS. In giving the releases set forth in this Additional General Release, which include claims which may be unknown to me at present, I acknowledge that I have read paragraph and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” I hereby expressly waive and relinquish all rights and benefits under that section and any law or legal principle of similar effect in any jurisdiction with respect to my release of claims herein, including but not limited to the release of unknown ADEA Claims under this Agreement at any time during the seven (7) days following the date of Employee's execution of this Agreement, and unsuspected claimsthe release of ADEA Claims under this Agreement shall not become effective or enforceable until such revocation period leave has expired. To revoke this paragraph and the release of ADEA Claims, Employee must deliver a written notice of revocation to Xxxx X. Xxxxx, Esq., Xxxxxx, Xxxxxxx & Xxxxx LLP, 0000 Xxxxxxx Xxxxxx, Suite 1100, Los Angeles, CA 90024, within the seven (7) day revocation period.