Common use of Company’s Release Clause in Contracts

Company’s Release. TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, KNOW THAT, for and in consideration of the obligations upon the Releasor as set forth in the Agreement, and for other good and valuable consideration, the Company hereby (on its own behalf and that of its affiliates, divisions and predecessors and successors and the directors and officers of the Company in their capacity as such (collectively, the “Releasing Entities”)) releases the Releasor and his heirs, executors, successors and assigns (the “Executive Released Parties”) of and from all debts, obligations, promises, covenants, collective bargaining obligations, agreements, contracts, endorsements, bonds, controversies, suits, claims or causes of every kind and nature whatsoever, arising out of, or related to, his employment with the Company and its affiliates, his separation from employment with the Company and its affiliates or derivative of the Releasor’s employment, which the Releasing Entities now have or may have against the Executive Released Parties, whether known or unknown, by reason of facts which have occurred on or prior to the date that the Company has signed this Release; provided, however, that nothing contained in this Release shall release the Executive Released Parties from any claim or form of liability arising out of acts or omissions by the Releasor which constitute a violation of the criminal or securities laws of any applicable jurisdiction or for which the Releasor would not be indemnified under applicable law. Notwithstanding anything else herein to the contrary, this Release shall not affect the obligations of the Releasor set forth in the Agreement or any other obligations that by their terms are to be performed after the date hereof by the Releasor.

Company’s Release. TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, KNOW THAT, for and in consideration of the obligations upon the Releasor as set forth in the Agreement, and for other good and valuable consideration, the Company hereby (on its own behalf and that of its affiliates, divisions and predecessors and successors and the directors and officers of the Company in their capacity as such (collectively, the “Releasing Entities”)) releases the Releasor and his the Executive’s heirs, executors, successors and assigns (the “Executive Released Parties”) of and from all debts, obligations, promises, covenants, collective bargaining obligations, agreements, contracts, endorsements, bonds, controversies, suits, claims or causes of every kind and nature whatsoever, arising out of, or related to, his the Executive’s employment with the Company and its affiliates, his the Executive’s separation from employment with the Company and its affiliates or derivative of the Releasor’s employment, which the Releasing Entities now have or may have against the Executive Released Parties, whether known or unknown, by reason of facts which have occurred on or prior to the date that the Company has signed this Release; provided, however, that nothing contained in this Release shall release the Executive Released Parties from any claim or form of liability arising out of acts or omissions by the Releasor which constitute a violation of the criminal or securities laws of any applicable jurisdiction or for which the Releasor would not be indemnified under applicable law. Notwithstanding anything else herein to the contrary, this Release shall not affect the obligations of the Releasor set forth in the Agreement or any other obligations that by their terms are to be performed after the date hereof by the Releasor.

Company’s Release. TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, KNOW THAT, for and in consideration of the obligations upon the Releasor as set forth in the Agreement, and for other good and valuable consideration, the Company hereby (on its own behalf and that of its affiliates, divisions and predecessors and successors and the directors and officers of the Company in their capacity as such (collectively, the “"Releasing Entities”")) releases the Releasor and his the Executive's heirs, executors, successors and assigns (the “"Executive Released Parties”") of and from all debts, obligations, promises, covenants, collective bargaining obligations, agreements, contracts, endorsements, bonds, controversies, suits, claims or causes of every kind and nature whatsoever, arising out of, or related to, his the Executive's employment with the Company and its affiliates, his the Executive's separation from employment with the Company and its affiliates or derivative of the Releasor’s 's employment, which the Releasing Entities now have or may have against the Executive Released Parties, whether known or unknown, by reason of facts which have occurred on or prior to the date that the Company has signed this Release; provided, however, that nothing contained in this Release shall release the Executive Released Parties from any claim or form of liability arising out of acts or omissions by the Releasor which constitute a violation of the criminal or securities laws of any applicable jurisdiction or for which the Releasor would not be indemnified under applicable law. Notwithstanding anything else herein to the contrary, this Release shall not affect the obligations of the Releasor set forth in the Agreement or any other obligations that by their terms are to be performed after the date hereof by the Releasor.

Company’s Release. TO ALL TO WHOM THESE PRESENTS SHALL COME OR MAY CONCERN, KNOW THAT, for and in In consideration of the obligations upon the Releasor as set forth promises contained in the and terms and provisions of this Agreement, and except for other good and valuable considerationobligations arising from this Agreement or the Confidential Information Agreement (as defined below), the Company hereby (on its own behalf and that of its affiliates, divisions and predecessors and successors and the directors and officers of the Company in their capacity as such (collectively, the “Releasing Entities”)) releases the Releasor Executive and his heirs, executors, successors and assigns agents (the “"Executive Released Parties”") of and from against all debtsliabilities, claims, causes of action, charges, complaints, obligations, promisescosts, covenantslosses, collective bargaining obligationsdamages, agreementsinjuries, contractsattorneys' fees, endorsementsand other legal responsibilities (collectively referred to as "claims"), bonds, controversies, suits, claims or causes of every kind and nature any form whatsoever, relating to, or arising out of, or related to, his of Executive’s employment relationship with Company and/or the Company and its affiliates, his separation from employment with the Company and its affiliates or derivative termination of the Releasor’s said employment, which the Releasing Entities now have or may have against the Executive Released Parties, whether known or unknown, unforeseen, unanticipated, unsuspected or latent, which Company or its successors in interest now own or hold, or have at any time heretofore owned or held, or may at any time own or hold by reason of facts which have occurred on any matter or thing arising from any cause whatsoever prior to the date of execution of this instrument, and without limiting the generality of the foregoing, from all claims, demands and causes of action based upon, relating to, or arising out of Executive’s employment relationship with Company and/or the termination of said employment, including claims asserted by Company employees, vendors, contractors, etc., arising from Executive’s employment with Company. This Release does not extend to those rights which as a matter of law cannot be waived. (c)In accordance with the Older Workers Benefit Protection Act of 1990, Executive acknowledges that he is aware of the Company has signed following: (i) This paragraph, and this Release; provided, however, that nothing Agreement are written in a manner calculated to be understood by Executive. (ii) The waiver and release of claims under the ADEA contained in this Release shall Agreement does not cover rights or claims that may arise after the date on which Executive signs this Agreement. (iii) This Agreement provides for consideration in addition to anything of value to which Executive is already entitled including, but not limited to, continued employment in a reduced role during the Term, and continued equity vesting during the Term. (iv) Executive has been advised to consult an attorney before signing this Agreement. (v) Executive has been granted twenty-one (21) days after being presented with this Agreement to decide whether or not to sign this Agreement. By executing this Agreement, Executive does so voluntarily and with the advice of counsel after having had the opportunity to consult with an attorney, and hereby Executive agrees that she has been provided with a reasonable time to consider signing the Agreement. (vi) Executive has the right to revoke this general release within seven (7) days of signing this Agreement. In the event this general release is revoked, this Agreement will be null and void in its entirety, and Executive Released Parties from any claim or form will not receive the benefits of liability arising out of acts or omissions this Agreement, and may be terminated by the Releasor Company immediately. If Executive wishes to revoke this 4 agreement, Executive must deliver written notice stating that intent to revoke to Xxxxx Xxxxx, Sr. Vice President, General Counsel at 0000 Xxxxxxxx Xxxxx, Xxxxx 000, Xxxxxxxxxx, XX 00000 on or before 5:00 p.m. on the seventh (7th) day after the date on which constitute a violation Executive signs this Agreement. (d)Civil Code Section 1542 Release. Each party acknowledges that it has read section 1542 of the criminal Civil Code of the State of California which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” Each party hereby releases known and unknown claims, and waives all rights she or securities laws it has or may have under Civil Code section 1542 or under any other statute or common law principle of any applicable jurisdiction or for which the Releasor would not be indemnified under applicable law. Notwithstanding anything else herein similar effect to the contraryfull extent that it may lawfully waive such rights with respect to this general release of claims. that it may lawfully waive such rights with respect to this general release of claims. (e)Nothing contained in this Agreement is intended to, or shall be deemed to, prohibit or restrict Executive or the Company from providing truthful information concerning Executive’s employment or the Company’s business activities to any government, regulatory or self-regulatory agency. Furthermore, nothing within this Release shall not affect the obligations of the Releasor set forth in the Agreement or any other obligations that by their terms are agreement prohibits or restricts Executive (or Executive’s attorney) or the Company (or its attorneys) from initiating communications directly with, responding to be performed after any inquiry from, cooperating with or providing testimony before, the date hereof by the ReleasorSecurities and Exchange Commission or any other federal, state, or local regulatory authority or agency.