Common use of Company’s Release of Claims Clause in Contracts

Company’s Release of Claims. The Company hereby agrees and acknowledges that by signing this Agreement and accepting the good and valuable consideration provided for in this Agreement, it is waiving and releasing its right to assert any form of legal claim against you whatsoever for any alleged action, inaction or circumstance existing or arising from the beginning of time through the Separation Date. The Company’s waiver and release herein is intended to bar any Claims against you seeking any form of relief including, without limitation, equitable relief (whether declaratory, injunctive or otherwise), the recovery of any damages, or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys’ fees and any other costs) for any alleged action, inaction or circumstance existing or arising through the Separation Date. Without limiting the generality of the foregoing, the Company specifically waives and releases you from all waivable Claims related to your employment relationship with the Company or the termination thereof, and all agreements executed by you pursuant thereto (other than those described as surviving herein), including, without limitation: (i) claims under any Massachusetts (or any other state) or federal common law theory; and (ii) any other claim arising under state or federal law. Notwithstanding the foregoing, neither this section nor this Agreement: (i) releases you from any obligation expressly set forth in this Agreement; (ii) waives or releases any legal claims which the Company may not waive or release by law; (iii) limits or otherwise impacts the Company’s rights pursuant to the Company’s articles of organization and bylaws in effect as of the Separation Date, which shall be governed solely by the terms and conditions of the applicable governing document; (iv) limits or otherwise impacts the Company’s rights pursuant to the Company’s Director and Officer Liability Insurance policies in effect as of the Separation Date, which shall be governed solely by the terms and conditions of the applicable policies.

Company’s Release of Claims. The Company hereby agrees waives all rights under Section 1542 of the Civil Code of the State of California. Section 1542 provides: A general release does not extend to claims which the creditor does not know or suspect to exist in her or her favor at the time of executing the release, which if known by him or her must have materially affected her or her settlement with the debtor. Notwithstanding the provisions of Section 1542 of the Civil Code of the State of California, the Company hereby irrevocably and acknowledges unconditionally releases and forever discharges the Executive, and each of the Executive’s agents, representatives, successors and assigns, from any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected excluding any claims that may hereafter arise pursuant to Section 3.4 of the Agreement requiring Executive to repay any incentive compensation to be recouped by signing this Agreement Company or any similar provision in any other agreement between Company and accepting Executive relating to incentive compensation that the good and valuable consideration provided Company is required to recoup under a compensation policy that the Company is required to adopt in order for in this Agreement, it is waiving and releasing its right the Company to assert any form comply with applicable laws or regulations or requirements of legal claim against you whatsoever for any alleged action, inaction or circumstance existing or arising from the beginning of time through stock exchange(s) upon which the Separation Date. The Company’s waiver and release herein is intended securities are listed (hereinafter referred to bar as “Company Claims”), which the Company at any Claims against you seeking time had or claims to have or which the Company at any form time may have or claim to have regarding incidents that have occurred as of relief the date of this Release, including, without limitation, equitable relief any and all charges relating to the Executive’s employment relationship with the Company. The released Company Claims include all actions, claims and grievances, whether actual or potential, known or unknown, and specifically but not exclusively, all claims regarding offenses that have occurred as of the date of this Release, including Company Claims arising out of the Executive’s employment relationship with the Company. All such Company Claims (whether declaratory, injunctive or otherwise), the recovery of any damages, or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, including related attorneys’ fees and any other costs) for are forever barred by this Release without regard to whether those claims are based on any alleged actionbreach of a duty arising in contract or tort, inaction or circumstance existing or arising through the Separation Date. Without limiting the generality of the foregoingany alleged unlawful act, the Company specifically waives and releases you from all waivable Claims related to your employment relationship with the Company or the termination thereof, and all agreements executed by you pursuant thereto (other than those described as surviving herein), including, without limitation: (i) claims under any Massachusetts (or any other state) or federal common law theory; and (ii) any other claim arising under state or federal law. Notwithstanding the foregoingcause of action, neither this section nor this Agreement: (i) releases you from any obligation expressly set forth in this Agreement; (ii) waives or releases any legal claims which the Company may not waive or release by law; (iii) limits or otherwise impacts the Company’s rights pursuant to the Company’s articles of organization and bylaws in effect as regardless of the Separation Date, forum in which shall it might be governed solely by the terms and conditions of the applicable governing document; (iv) limits or otherwise impacts the Company’s rights pursuant to the Company’s Director and Officer Liability Insurance policies in effect as of the Separation Date, which shall be governed solely by the terms and conditions of the applicable policiesbrought.

Company’s Release of Claims. The Company hereby agrees waives all rights under Section 1542 of the Civil Code of the State of California. Section 1542 provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Notwithstanding the provisions of Section 1542 of the Civil Code of the State of California, the Company hereby irrevocably and acknowledges unconditionally releases and forever discharges the Executive, and each of the Executive’s agents, representatives, successors and assigns, from any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected excluding any claims that may hereafter arise pursuant to Section 3.4 of the Agreement requiring Executive to repay any incentive compensation to be recouped by signing this Agreement Company or any similar provision in any other agreement between Company and accepting Executive relating to incentive compensation that the good and valuable consideration provided Company is required to recoup under a compensation policy that the Company is required to adopt in order for in this Agreement, it is waiving and releasing its right the Company to assert any form comply with applicable laws or regulations or requirements of legal claim against you whatsoever for any alleged action, inaction or circumstance existing or arising from the beginning of time through stock exchange(s) upon which the Separation Date. The Company’s waiver and release herein is intended securities are listed (hereinafter referred to bar as “Company Claims”), which the Company at any Claims against you seeking time had or claims to have or which the Company at any form time may have or claim to have regarding incidents that have occurred as of relief the date of this Release, including, without limitation, equitable relief any and all charges relating to the Executive’s employment relationship with the Company. The released Company Claims include all actions, claims and grievances, whether actual or potential, known or unknown, and specifically but not exclusively, all claims regarding offenses that have occurred as of the date of this Release, including Company Claims arising out of the Executive’s employment relationship with the Company. All such Company Claims (whether declaratory, injunctive or otherwise), the recovery of any damages, or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, including related attorneys’ fees and any other costs) for are forever barred by this Release without regard to whether those claims are based on any alleged actionbreach of a duty arising in contract or tort, inaction or circumstance existing or arising through the Separation Date. Without limiting the generality of the foregoingany alleged unlawful act, the Company specifically waives and releases you from all waivable Claims related to your employment relationship with the Company or the termination thereof, and all agreements executed by you pursuant thereto (other than those described as surviving herein), including, without limitation: (i) claims under any Massachusetts (or any other state) or federal common law theory; and (ii) any other claim arising under state or federal law. Notwithstanding the foregoingcause of action, neither this section nor this Agreement: (i) releases you from any obligation expressly set forth in this Agreement; (ii) waives or releases any legal claims which the Company may not waive or release by law; (iii) limits or otherwise impacts the Company’s rights pursuant to the Company’s articles of organization and bylaws in effect as regardless of the Separation Date, forum in which shall it might be governed solely by the terms and conditions of the applicable governing document; (iv) limits or otherwise impacts the Company’s rights pursuant to the Company’s Director and Officer Liability Insurance policies in effect as of the Separation Date, which shall be governed solely by the terms and conditions of the applicable policiesbrought.