Common use of Discharge of Claims Clause in Contracts

Discharge of Claims. Excluding enforcement of covenants, promises and rights reserved herein, the Executive irrevocably and unconditionally releases, acquits and forever discharges the Company and each of the Company’s stockholders, predecessors, successors, assigns, directors, officers, employees, divisions, subsidiaries, affiliates (and directors, officers and employees of such companies, divisions, subsidiaries and affiliates) and all persons acting by, through, under or in concert with any of them (collectively, “Releasees”), or any of them, from any and all Claims (as defined below) through the date of this Release. The Executive agrees not to file a lawsuit or arbitration to assert any such Claim and further agrees that should any other person or entity file a lawsuit or arbitration to assert any such Claim, he shall not seek or accept any personal relief in such action. 1.1 Except as stated below, “Claims” includes all actions or demands of any kind that the Executive may now have, may have had or may reasonably know he should have had (although the Executive is not being asked to waive Claims that may arise after the date of this Release). More specifically, Claims include rights, causes of action, damages, penalties, losses, attorneys’ fees, costs, expenses, obligations, agreements, judgments and all other liabilities of any kind or description whatsoever, either in law or in equity, whether known or unknown, suspected or unsuspected. The nature of the Claims covered by this Release includes all actions or demands in any way based on the Executive’s employment with the Company, the terms and conditions of such employment, or his separation from employment. More specifically, the following are among the types of Claims that are waived and barred by this Release to the extent allowable under applicable law (but shall be considered illustrative but not exhaustive): • contract Claims, whether express or implied; • tort Claims, such as for defamation or emotional distress; • Claims under federal, state and municipal laws, regulations, ordinance or court decisions of any kind; • Claims of discrimination, harassment or retaliation, whether based on race, color, religion, gender, sex, age, sexual orientation, handicap and/or disability, genetic information, national origin, or any other legally protected class; provided that this Release shall not apply to (a) any obligation of the Company or any other Releasee under the Employment Agreement or any agreement, plan, contracts, document or program described or referenced in the Employment Agreement and (b) any right of the Executive to obtain contribution or indemnity against the Company or any other Releasee pursuant to contract, the Company’s charter or bylaws, or otherwise. 1.2 Notwithstanding any other provision of this Release, this Release does not limit or bar any Claim relating to the validity or enforcement of this Release or any Claim that is not legally waivable, including whistleblowing claims pursuant to Rule 21F-17 under the U.S. Securities Exchange Act of 1934. In addition, this Release shall not operate to limit or the Executive’s right to file an administrative charge of discrimination with the Equal Employment Opportunity Commission or to testify, assist or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission. This Release does, however, bar the Executive’s right to recover any personal or monetary relief, including if the Executive or anyone on his behalf seeks to file a lawsuit or arbitration on the same basis as the charge of discrimination. Additionally, nothing in this Release is intended, or shall be interpreted, to (a) have a chilling effect on the Executive’s ability to engage in whistleblowing activity by prohibiting or restricting the Executive (or his attorney) from initiating communications directly with, or responding to any inquiry from, or providing testimony before, the Securities and Exchange Commission regarding the Executive’s employment with the Company or (b) prevent the Executive from reporting to, communicating with, contacting, responding to an inquiry from, providing relevant information to, participating or assisting in an investigation conducted by the Securities and Exchange Commission or any other governmental enforcement agency.

Discharge of Claims. Excluding enforcement Pursuant to section 1141(d) of covenantsthe Bankruptcy Code, promises and rights reserved hereinexcept as otherwise specifically provided in the Plan, or in any contract, instrument, or other agreement or document created or entered into pursuant to the Plan, the Executive irrevocably distributions, rights, and unconditionally releasestreatment that are provided in the Plan shall be in complete satisfaction, acquits discharge, and forever discharges the Company and each release, effective as of the Company’s stockholdersEffective Date, predecessors, successors, assigns, directors, officers, employees, divisions, subsidiaries, affiliates of Claims (and directors, officers and employees of such companies, divisions, subsidiaries and affiliates) and all persons acting by, through, under including any Intercompany Claims resolved or in concert with any of them (collectively, “Releasees”compromised after the Effective Date by the Reorganized Debtors), or any Interests, and Causes of them, from any and all Claims (as defined below) through the date of this Release. The Executive agrees not to file a lawsuit or arbitration to assert any such Claim and further agrees that should any other person or entity file a lawsuit or arbitration to assert any such Claim, he shall not seek or accept any personal relief in such action. 1.1 Except as stated below, “Claims” includes all actions or demands Action of any kind that the Executive may now havenature whatsoever, may have had including any interest accrued on Claims or may reasonably know he should have had (although the Executive is not being asked to waive Claims that may arise Interests from and after the date of this Release). More specifically, Claims include rights, causes of action, damages, penalties, losses, attorneys’ fees, costs, expenses, obligations, agreements, judgments and all other liabilities of any kind or description whatsoever, either in law or in equityPetition Date, whether known or unknown, suspected or unsuspected. The nature of the Claims covered by this Release includes all actions or demands in any way based on the Executive’s employment with the Companyagainst, liabilities of, Liens on, obligations of, rights against, and Interests in, the terms and conditions Debtors or any of their assets or properties, regardless of whether any property shall have been distributed or retained pursuant to the Plan on account of such employmentClaims and Interests, or his separation from employment. More specificallyincluding demands, liabilities, and Causes of Action that arose before the following are among the types of Claims that are waived and barred by this Release Effective Date, any liability (including withdrawal liability) to the extent allowable under applicable law such Claims or Interests relate to services performed by employees of the Debtors prior to the Effective Date and that arise from a termination of employment, any contingent or non-contingent liability on account of representations or warranties issued on or before the Effective Date, and all debts of the kind specified in section 502(g), 502(h), or 502(i) of the Bankruptcy Code, in each case whether or not: (but 1) a Proof of Claim based upon such debt or right is filed or deemed filed pursuant to section 501 of the Bankruptcy Code; (2) a Claim or Interest based upon such debt, right, or Interest is Allowed pursuant to section 502 of the Bankruptcy Code; or (3) the Holder of such a Claim or Interest has accepted the Plan or voted to reject the Plan. The Confirmation Order shall be considered illustrative but not exhaustive): • contract Claimsa judicial determination of the discharge of all Claims and Interests subject to the occurrence of the Effective Date, whether express except as otherwise specifically provided in the Plan or implied; • tort Claimsin any contract, such as for defamation or emotional distress; • Claims under federal, state and municipal laws, regulations, ordinance or court decisions of any kind; • Claims of discrimination, harassment or retaliation, whether based on race, color, religion, gender, sex, age, sexual orientation, handicap and/or disability, genetic information, national origininstrument, or any other legally protected class; provided that this Release shall not apply to (a) any obligation of the Company agreement or any other Releasee under the Employment Agreement document created or any agreement, plan, contracts, document or program described or referenced in the Employment Agreement and (b) any right of the Executive to obtain contribution or indemnity against the Company or any other Releasee entered into pursuant to contract, the Company’s charter or bylaws, or otherwise. 1.2 Notwithstanding any other provision of this Release, this Release does not limit or bar any Claim relating to the validity or enforcement of this Release or any Claim that is not legally waivable, including whistleblowing claims pursuant to Rule 21F-17 under the U.S. Securities Exchange Act of 1934. In addition, this Release shall not operate to limit or the Executive’s right to file an administrative charge of discrimination with the Equal Employment Opportunity Commission or to testify, assist or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission. This Release does, however, bar the Executive’s right to recover any personal or monetary relief, including if the Executive or anyone on his behalf seeks to file a lawsuit or arbitration on the same basis as the charge of discrimination. Additionally, nothing in this Release is intended, or shall be interpreted, to (a) have a chilling effect on the Executive’s ability to engage in whistleblowing activity by prohibiting or restricting the Executive (or his attorney) from initiating communications directly with, or responding to any inquiry from, or providing testimony before, the Securities and Exchange Commission regarding the Executive’s employment with the Company or (b) prevent the Executive from reporting to, communicating with, contacting, responding to an inquiry from, providing relevant information to, participating or assisting in an investigation conducted by the Securities and Exchange Commission or any other governmental enforcement agencyPlan.

Discharge of Claims. Excluding enforcement of covenants, promises and rights reserved herein, the Executive irrevocably and unconditionally releases, acquits and forever discharges the Company and each of the Company’s stockholders, predecessors, successors, assigns, directors, officers, employees, divisions, subsidiaries, affiliates (and directors, officers and employees of such companies, divisions, subsidiaries and affiliates) and all persons acting by, through, under or in concert with any of them (collectively, “Releasees”), or any of them, from any and all Claims (as defined below) through the date of this Release. The Executive agrees not to file a lawsuit or arbitration to assert any such Claim and further agrees that should any other person or entity file a lawsuit or arbitration to assert any such Claim, he the Executive shall not seek or accept any personal relief in such action. 1.1 Except as stated below, “Claims” includes all actions or demands of any kind that the Executive may now have, may have had or may reasonably know he the Executive should have had (although the Executive is not being asked to waive Claims that may arise after the date of this Release). More specifically, Claims include rights, causes of action, damages, penalties, losses, attorneys’ fees, costs, expenses, obligations, agreements, judgments and all other liabilities of any kind or description whatsoever, either in law or in equity, whether known or unknown, suspected or unsuspected. The nature of the Claims covered by this Release includes all actions or demands in any way based on the Executive’s employment with the Company, the terms and conditions of such employment, or his the Executive’s separation from employment. More specifically, the following are among the types of Claims that are waived and barred by this Release to the extent allowable under applicable law (but shall be considered illustrative but not exhaustive): • ● contract Claims, whether express or implied; • ● tort Claims, such as for defamation or emotional distress; • ● Claims under federal, state and municipal laws, regulations, ordinance or court decisions of any kind; • ● Claims of discrimination, harassment or retaliation, whether based on race, color, religion, gender, sex, age, sexual orientation, handicap and/or disability, genetic information, national origin, or any other legally protected class; provided that this Release shall not apply to (a) any obligation ● Claims under Title VII of the Company or any other Releasee under the Employment Agreement or any agreement, plan, contracts, document or program described or referenced in the Employment Agreement and (b) any right U.S. Civil Rights Act of the Executive to obtain contribution or indemnity against the Company or any other Releasee pursuant to contract1964, the Company’s charter or bylawsU.S. Age Discrimination in Employment Act of 1967, or otherwise. 1.2 Notwithstanding any other provision the U.S. Americans with Disabilities Act of this Release1990, this Release does not limit or bar any Claim relating to the validity or enforcement U.S. Family and Medical Leave Act of this Release or any Claim that is not legally waivable1993, the U.S. Genetic Information Nondiscrimination Act of 2008, and similar state and local statutes, laws and ordinances, including whistleblowing claims pursuant to Rule 21F-17 the New York State Civil Rights Law, the New York State Equal Pay Law, the New York State Human Rights Law, the New York State Labor Law, the New York State Whistleblower Law, and the New York City Human Rights Law; ● Claims under the U.S. Securities Exchange Employee Retirement Income Security Act of 1934. In addition, this Release shall not operate to limit or the Executive’s right to file an administrative charge of discrimination with the Equal Employment Opportunity Commission or to testify, assist or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission. This Release does, however, bar the Executive’s right to recover any personal or monetary relief, including if the Executive or anyone on his behalf seeks to file a lawsuit or arbitration on the same basis as the charge of discrimination. Additionally, nothing in this Release is intended, or shall be interpreted, to (a) have a chilling effect on the Executive’s ability to engage in whistleblowing activity by prohibiting or restricting the Executive (or his attorney) from initiating communications directly with, or responding to any inquiry from, or providing testimony before1974, the Securities U.S. Occupational Safety and Exchange Commission regarding Health Act of 1970, the Executive’s employment with the Company or (b) prevent the Executive from reporting toU.S. False Claims Act, communicating withand similar state and local statutes, contacting, responding to an inquiry from, providing relevant information to, participating or assisting in an investigation conducted by the Securities laws and Exchange Commission or any other governmental enforcement agency.ordinances;

Discharge of Claims. Excluding enforcement Pursuant to section 1141(d) of covenantsthe Bankruptcy Code, promises and rights reserved hereinexcept as otherwise specifically provided in the Plan, or in any contract, instrument, or other agreement or document created or entered into pursuant to the Plan, the Executive irrevocably distributions, rights, and unconditionally releasestreatment that are provided in the Plan shall be in complete satisfaction, acquits discharge, and forever discharges the Company and each release, effective as of the Company’s stockholdersEffective Date, predecessors, successors, assigns, directors, officers, employees, divisions, subsidiaries, affiliates of Claims (and directors, officers and employees of such companies, divisions, subsidiaries and affiliates) and all persons acting by, through, under including any Intercompany Claims resolved or in concert with any of them (collectively, “Releasees”compromised after the Effective Date by the Reorganized Debtors), or any Interests, and Causes of them, from any and all Claims (as defined below) through the date of this Release. The Executive agrees not to file a lawsuit or arbitration to assert any such Claim and further agrees that should any other person or entity file a lawsuit or arbitration to assert any such Claim, he shall not seek or accept any personal relief in such action. 1.1 Except as stated below, “Claims” includes all actions or demands Action of any kind that the Executive may now havenature whatsoever, may have had including any interest accrued on Claims or may reasonably know he should have had (although the Executive is not being asked to waive Claims that may arise Interests from and after the date of this Release). More specifically, Claims include rights, causes of action, damages, penalties, losses, attorneys’ fees, costs, expenses, obligations, agreements, judgments and all other liabilities of any kind or description whatsoever, either in law or in equityPetition Date, whether known or unknown, suspected or unsuspected. The nature of the Claims covered by this Release includes all actions or demands in any way based on the Executive’s employment with the Companyagainst, liabilities of, Liens on, obligations of, rights against, and Interests in, the terms and conditions Debtors or any of their assets or properties, regardless of whether any property shall have been distributed or retained pursuant to the Plan on account of such employmentClaims and Interests, or his separation from employment. More specificallyincluding demands, liabilities, and Causes of Action that arose before the following are among the types of Claims that are waived and barred by this Release Effective Date, any liability (including withdrawal liability) to the extent allowable under applicable law such Claims or Interests relate to services performed by employees of the Debtors prior to the Effective Date and that arise from a termination of employment, any contingent or non contingent liability on account of representations or warranties issued on or before the Effective Date, and all debts of the kind specified in section 502(g), 502(h), or 502(i) of the Bankruptcy Code, in each case whether or not: (but i) a proof of claim or Interest based upon such debt, right or Interest is filed or deemed filed pursuant to section 501 of the Bankruptcy Code; (ii) a Claim or Interest based upon such Claim, debt, right, or Interest is Allowed pursuant to section 502 of the Bankruptcy Code; or (iii) the Holder of such a Claim or Interest has accepted the Plan or voted to reject the Plan. The Confirmation Order shall be considered illustrative but not exhaustive): • contract Claimsa judicial determination of the discharge of all Claims and Interests subject to the Effective Date occurring, whether express except as otherwise expressly provided in the Plan or implied; • tort Claimsin any contract, such as for defamation or emotional distress; • Claims under federal, state and municipal laws, regulations, ordinance or court decisions of any kind; • Claims of discrimination, harassment or retaliation, whether based on race, color, religion, gender, sex, age, sexual orientation, handicap and/or disability, genetic information, national origininstrument, or any other legally protected class; provided that this Release shall not apply to (a) any obligation of the Company agreement or any other Releasee under the Employment Agreement document created or any agreement, plan, contracts, document or program described or referenced in the Employment Agreement and (b) any right of the Executive to obtain contribution or indemnity against the Company or any other Releasee entered into pursuant to contract, the Company’s charter or bylaws, or otherwise. 1.2 Notwithstanding any other provision of this Release, this Release does not limit or bar any Claim relating to the validity or enforcement of this Release or any Claim that is not legally waivable, including whistleblowing claims pursuant to Rule 21F-17 under the U.S. Securities Exchange Act of 1934. In addition, this Release shall not operate to limit or the Executive’s right to file an administrative charge of discrimination with the Equal Employment Opportunity Commission or to testify, assist or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission. This Release does, however, bar the Executive’s right to recover any personal or monetary relief, including if the Executive or anyone on his behalf seeks to file a lawsuit or arbitration on the same basis as the charge of discrimination. Additionally, nothing in this Release is intended, or shall be interpreted, to (a) have a chilling effect on the Executive’s ability to engage in whistleblowing activity by prohibiting or restricting the Executive (or his attorney) from initiating communications directly with, or responding to any inquiry from, or providing testimony before, the Securities and Exchange Commission regarding the Executive’s employment with the Company or (b) prevent the Executive from reporting to, communicating with, contacting, responding to an inquiry from, providing relevant information to, participating or assisting in an investigation conducted by the Securities and Exchange Commission or any other governmental enforcement agencyPlan.

Discharge of Claims. Excluding enforcement of covenants, promises and rights reserved herein, the Executive irrevocably and unconditionally releases, acquits and forever discharges the Company and each of the Company’s stockholders, predecessors, successors, assigns, directors, officers, employees, divisions, subsidiaries, affiliates (and directors, officers and employees of such companies, divisions, subsidiaries and affiliates) and all persons acting by, through, under or in concert with any of them (collectively, “Releasees”), or any of them, from any and all Claims (as defined below) through the date of this Release. The Executive agrees not to file a lawsuit or arbitration to assert any such Claim and further agrees that should any other person or entity file a lawsuit or arbitration to assert any such Claim, he the Executive shall not seek or accept any personal relief in such action. 1.1 Except as stated below, “Claims” includes all actions or demands of any kind that the Executive may now have, may have had or may reasonably know he the Executive should have had (although the Executive is not being asked to waive Claims that may arise after the date of this Release). More specifically, Claims include rights, causes of action, damages, penalties, losses, attorneys’ fees, costs, expenses, obligations, agreements, judgments and all other liabilities of any kind or description whatsoever, either in law or in equity, whether known or unknown, suspected or unsuspected. The nature of the Claims covered by this Release includes all actions or demands in any way based on the Executive’s employment with the Company, the terms and conditions of such employment, or his the Executive’s separation from employment. More specifically, the following are among the types of Claims that are waived and barred by this Release to the extent allowable under applicable law (but shall be considered illustrative but not exhaustive): • contract Claims, whether express or implied; • tort Claims, such as for defamation or emotional distress; • Claims under federal, state and municipal laws, regulations, ordinance or court decisions of any kind; • Claims of discrimination, harassment or retaliation, whether based on race, color, religion, gender, sex, age, sexual orientation, handicap and/or disability, genetic information, national origin, or any other legally protected class; • Claims under Title VII of the U.S. Civil Rights Act of 1964, the U.S. Age Discrimination in Employment Act of 1967, the U.S. Americans with Disabilities Act of 1990, the U.S. Family and Medical Leave Act of 1993, the U.S. Genetic Information Nondiscrimination Act of 2008, and similar state and local statutes, laws and ordinances, including the New York State Civil Rights Law, the New York State Equal Pay Law, the New York State Human Rights Law, the New York State Labor Law, the New York State Whistleblower Law, and the New York City Human Rights Law; • Claims under the U.S. Employee Retirement Income Security Act of 1974, the U.S. Occupational Safety and Health Act of 1970, the U.S. False Claims Act, and similar state and local statutes, laws and ordinances; • Claims for wrongful discharge; and • Claims for attorneys’ fees, including litigation expenses and costs; provided that this Release shall not apply to (a) any obligation of the Company or any other Releasee under the Employment Agreement or any agreement, plan, contracts, document or program described or referenced in the Employment Retention Agreement and (b) any right of the Executive to obtain contribution or indemnity against the Company or any other Releasee pursuant to contract, the Company’s charter or bylaws, or otherwise. . 1.2 Notwithstanding any other provision of this Release, this Release does not limit or bar any Claim relating to the validity or enforcement of this Release or any Claim that is not legally waivable, including whistleblowing claims pursuant to Rule 21F-17 under the U.S. Securities Exchange Act of 1934. In addition, this Release shall not operate to limit or the Executive’s right to file an administrative charge of discrimination with the Equal Employment Opportunity Commission or to testify, assist or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission. This Release does, however, bar the Executive’s right to recover any personal or monetary relief, including if the Executive or anyone on his the Executive’s behalf seeks to file a lawsuit or arbitration on the same basis as the charge of discrimination. Additionally, nothing in this Release is intended, or shall be interpreted, to (a) have a chilling effect on the Executive’s ability to engage in whistleblowing activity by prohibiting or restricting the Executive (or his the Executive’s attorney) from initiating communications directly with, or responding to any inquiry from, or providing testimony before, the Securities and Exchange Commission regarding the Executive’s employment with the Company or (b) prevent the Executive from reporting to, communicating with, contacting, responding to an inquiry from, providing relevant information to, participating or assisting in an investigation conducted by the Securities and Exchange Commission or any other governmental enforcement agency.

Discharge of Claims. Excluding enforcement Pursuant to section 1141(d) of covenantsthe Bankruptcy Code, promises and rights reserved hereinexcept as otherwise specifically provided in the Plan, or in any contract, instrument, or other agreement or document created pursuant to the Plan, the Executive irrevocably distributions, rights, and unconditionally releasestreatment that are provided in the Plan shall be in complete satisfaction, acquits discharge, and forever discharges the Company and each release, effective as of the Company’s stockholdersEffective Date, predecessors, successors, assigns, directors, officers, employees, divisions, subsidiaries, affiliates of Claims (and directors, officers and employees of such companies, divisions, subsidiaries and affiliates) and all persons acting by, through, under including any Debtor Intercompany Claims or in concert with any of them (collectively, “Releasees”Non-Debtor Intercompany Claims resolved or compromised after the Effective Date by the Reorganized Debtors), or any Interests, and Causes of them, from any and all Claims (as defined below) through the date of this Release. The Executive agrees not to file a lawsuit or arbitration to assert any such Claim and further agrees that should any other person or entity file a lawsuit or arbitration to assert any such Claim, he shall not seek or accept any personal relief in such action. 1.1 Except as stated below, “Claims” includes all actions or demands Action of any kind that the Executive may now havenature whatsoever, may have had including any interest accrued on Claims or may reasonably know he should have had (although the Executive is not being asked to waive Claims that may arise Interests from and after the date of this Release). More specifically, Claims include rights, causes of action, damages, penalties, losses, attorneys’ fees, costs, expenses, obligations, agreements, judgments and all other liabilities of any kind or description whatsoever, either in law or in equityPetition Date, whether known or unknown, suspected or unsuspected. The nature of the Claims covered by this Release includes all actions or demands in any way based on the Executive’s employment with the Companyagainst, liabilities of, Liens on, obligations of, rights against, and Interests in, the terms and conditions Debtors or any of their assets or properties, regardless of whether any property shall have been distributed or retained pursuant to the Plan on account of such employmentClaims and Interests, or his separation from employment. More specificallyincluding demands, liabilities, and Causes of Action that arose before the following are among the types of Claims that are waived and barred by this Release Effective Date, any liability (including withdrawal liability) to the extent allowable under applicable law such Claims or Interests relate to services performed by employees of the Debtors prior to the Effective Date and that arise from a termination of employment, any contingent or non-contingent liability on account of representations or warranties issued on or before the Effective Date, and all debts of the kind specified in sections 502(g), 502(h), or 502(i) of the Bankruptcy Code, in each case whether or not: (but 1) a Proof of Claim based upon such debt or right is filed or deemed filed pursuant to section 501 of the Bankruptcy Code; (2) a Claim or Interest based upon such debt, right, or Interest is Allowed pursuant to section 502 of the Bankruptcy Code; or (3) the Holder of such a Claim or Interest has accepted the Plan or voted to reject the Plan. The Confirmation Order shall be considered illustrative but not exhaustive): • contract Claims, whether express or implied; • tort Claims, such as for defamation or emotional distress; • Claims under federal, state and municipal laws, regulations, ordinance or court decisions of any kind; • Claims of discrimination, harassment or retaliation, whether based on race, color, religion, gender, sex, age, sexual orientation, handicap and/or disability, genetic information, national origin, or any other legally protected class; provided that this Release shall not apply to (a) any obligation a judicial determination of the Company or any other Releasee under discharge of all Claims and Interests subject to the Employment Agreement or any agreementoccurrence of the Effective Date, plan, contracts, document or program described or referenced except as otherwise specifically provided in the Employment Agreement and (b) any right of the Executive to obtain contribution or indemnity against the Company or any other Releasee pursuant to contract, the Company’s charter or bylaws, or otherwise. 1.2 Notwithstanding any other provision of this Release, this Release does not limit or bar any Claim relating to the validity or enforcement of this Release or any Claim that is not legally waivable, including whistleblowing claims pursuant to Rule 21F-17 under the U.S. Securities Exchange Act of 1934. In addition, this Release shall not operate to limit or the Executive’s right to file an administrative charge of discrimination with the Equal Employment Opportunity Commission or to testify, assist or participate in an investigation, hearing or proceeding conducted by the Equal Employment Opportunity Commission. This Release does, however, bar the Executive’s right to recover any personal or monetary relief, including if the Executive or anyone on his behalf seeks to file a lawsuit or arbitration on the same basis as the charge of discrimination. Additionally, nothing in this Release is intended, or shall be interpreted, to (a) have a chilling effect on the Executive’s ability to engage in whistleblowing activity by prohibiting or restricting the Executive (or his attorney) from initiating communications directly with, or responding to any inquiry from, or providing testimony before, the Securities and Exchange Commission regarding the Executive’s employment with the Company or (b) prevent the Executive from reporting to, communicating with, contacting, responding to an inquiry from, providing relevant information to, participating or assisting in an investigation conducted by the Securities and Exchange Commission or any other governmental enforcement agencyPlan.