Common use of Employee Release Clause in Contracts

Employee Release. In consideration of the payments and benefits set forth in Paragraph [6.2, 6.3 or 6.4] of the Employment Agreement, the Employee for himself, his heirs, administrators, representatives, executors, successors and assigns (collectively, “Employee Releasors”) does hereby irrevocably and unconditionally release, acquit and forever discharge the Employer and each of its subsidiaries, affiliates, divisions, successors, assigns, trustees, officers, directors, partners, agents, and former and current employees, including without limitation all persons acting by, through, under or in concert with any of them (collectively, “Employer Releasees”), and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs) of any nature whatsoever, known or unknown, whether pursuant to contract or in law or equity or otherwise and whether arising under any and all federal, state, local, county and/or municipal statutes, regulations, rules, and/or ordinances, including, without limitation, Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Equal Pay Act of 1962, Chapter 21 of the Texas Labor Code and Section 451 of the Texas Labor Code and/or claims under the Constitutions of the United States and/or the State of Texas or any other unlawful criterion or circumstance, which Employee Releasors had, now have, or may have or claim to have in the future against each or any of the Employer Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer from any right of indemnification or to director and officer liability insurance coverage under any Employer organizational documents or at law under any plan or agreement and applicable to the Employee. Nothing in this Release is intended to interfere with the Employee’s right to make a complaint or claim with a federal or state administrative agency including, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commission. However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalf. In addition, this release is not intended to interfere with the Employee’s right to challenge that his waiver of any and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, notwithstanding the Employee’s specific representation to the Employer Group that he has entered into this Agreement knowingly and voluntarily and that he has been advised by the Employer Group to consult with an attorney of his choice regarding same.

Employee Release. In consideration of the payments and benefits set forth in Paragraph [6.2, 6.3 or 6.4] of the Employment AgreementSeverance Benefits, the Employee receipt and adequacy of which are hereby acknowledged by Employee, Employee, for himselfEmployee, his Employee’s heirs, executors, administrators, representatives, executors, successors and assigns (collectivelyassigns, “Employee Releasors”) does hereby irrevocably releases and unconditionally releasedischarges the Company, acquit and forever discharge the Employer and each of its subsidiariesparent companies, affiliates, divisionsassociated companies, successorsand subsidiaries, assignstheir respective associated companies and subsidiaries, trustees, all of their respective present and former officers, directors, partnerssupervisors, managers, employees, stockholders, agents, attorneys and former representatives, and current employees, including without limitation all the successors and assigns of such persons acting by, through, under or in concert with any of them and entities (collectively, the “Employer ReleaseesReleased Parties”), and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rightsdebts, demandscontroversies, costsjudgments, lossesdecrees, debts damages, liabilities, covenants, contracts and expenses (including attorneys’ fees and costs) of any nature whatsoeveragreements, whether known or unknown, whether pursuant to contract or in law or equity equity, whether statutory or otherwise and common law, whether arising under any and all federal, state, local, county and/or municipal statutes, regulations, rules, and/or ordinanceslocal or otherwise, including, but not limited to, any claims relating to, or arising out of any aspect of Employee’s employment with the Company, or the termination of such employment, including without limitation: (a) any and all claims arising under any federal, state, or local statute, including but not limited to, the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act (“ADEA”), as amended, Title VII of the Civil Rights Act of 1964; , as amended, the Age Discrimination in Employment ActRehabilitation Act of 1973, the Americans with Disabilities ActAct of 1990, the Older Workers Benefit Protection ActCivil Rights Act of 1866, the Equal Pay Civil Rights Act of 19621991, Chapter 21 the Employee Retirement Income Security Act of 1974, the Family Medical Leave Act of 1993, the Immigration Reform and Control Act of 1986, the Texas Labor Code and Section 451 of Code, the Texas Labor Code and/or claims under the Constitutions of the United States and/or the State of Texas or any other unlawful criterion or circumstanceCommission on Human Rights Act, which Employee Releasors had, now have, or may have or claim to have in the future against each or any of the Employer Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release as amended; (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer from any right of indemnification or to director and officer liability insurance coverage under any Employer organizational documents or at law under any plan or agreement and applicable to the Employee. Nothing in this Release is intended to interfere with the Employee’s right to make a complaint or claim with a federal or state administrative agency including, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commission. However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalf. In addition, this release is not intended to interfere with the Employee’s right to challenge that his waiver of b) any and all ADEA claims pursuant arising under any other federal, state, or local labor law, civil rights law, or human rights law; (c) any and all claims arising under common law, including, but not limited to, claims for defamation, libel, slander, false imprisonment, breach of contract, or tortious interference with business relations; and (d) any and all claims for monetary recovery, including but not limited to, severance pay, back pay, front pay, liquidated, compensatory and punitive damages, attorneys’ fees, disbursements and costs. To the extent any claim is not releasable, Employee acknowledges that the Severance Benefits more than offset any monetary sums owing to this Release is a knowing and voluntary waiver, notwithstanding the Employee from any non-releasable claim. Nothing herein shall be construed to prohibit Employee from exercising Employee’s specific representation to rights as specified in Paragraph 9(c) or shall prevent Employee from enforcing the Employer Group that he has entered into terms of this Agreement knowingly and voluntarily and that he has been advised by the Employer Group to consult with an attorney of his choice regarding sameAgreement.

Employee Release. In consideration of the payments and benefits set forth in Paragraph [6.2, 6.3 or 6.4] Section 3.5 of the Employment Agreement, the Employee Employee, for himself, his heirs, administrators, representatives, executors, successors and assigns (collectively, “Employee Releasors”) ), does hereby irrevocably and unconditionally release, acquit and forever discharge the Employer Company and each of its subsidiaries, affiliates, divisions, successors, assigns, trustees, officers, directors, partners, agents, agents and former and current employees, including without limitation all persons acting by, through, under or in concert with any of them (collectively, “Employer Releasees”), and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs) of any nature whatsoever, known or unknown, whether pursuant to contract or in law or equity or otherwise and whether arising under any and all federal, state, local, county and/or municipal statutes, regulations, rules, and/or ordinances, including, without limitation, Title VII of the Civil Rights Act of 1964; , the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Equal Pay Act of 1962, Chapter 21 of the Texas Labor Code and Section 451 of the Texas Labor Code and/or claims under the Constitutions of the United States and/or the State of Texas Texas, in each case, as amended, or any other unlawful criterion or circumstance, which Employee the Releasors had, now have, have or may have or claim to have in the future against each or any of the Employer Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer the Company from any right (i) of indemnification or (ii) to director and officer liability insurance coverage coverage, in each case to which the Company is entitled under any Employer of the Company’s organizational documents or at law or under any plan or agreement and agreement, which is applicable to the Employee. Nothing in this Release is intended to interfere with the Employee’s right to make a complaint or claim with a federal or state administrative agency including, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commission. However, by executing this Release, the Employee hereby waives the right to recover any damages in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalf. In addition, this release Release is not intended to interfere with the Employee’s right to challenge that his waiver of any and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, notwithstanding the Employee’s specific representation to the Employer Group Company that he has entered into this Agreement knowingly and voluntarily and that he has been advised by the Employer Group Company to consult with an attorney of his choice regarding same.

Employee Release. In exchange for the consideration of the payments and benefits set forth provided for in Paragraph [6.2, 6.3 or 6.4] of the Employment this Agreement, the Employee for himself, his heirs, administrators, representatives, executors, successors and assigns (collectively, “Employee Releasors”) does hereby irrevocably and unconditionally releasereleases the Company, acquit and forever discharge the Employer and each of its predecessors, parents, subsidiaries, affiliates, divisionsand past, successors, assigns, trustees, present and future officers, directors, partners, agents, and former and current consultants, employees, including without limitation representatives, and insurers, as applicable, together with all persons acting by, through, under or in concert with successors and assigns of any of them the foregoing (collectively, the “Employer Releasees”), of and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remediesdemands, actions, causes of action, suitsrights of action, rightscontracts, demandscontroversies, covenants, obligations, agreements, damages, penalties, interest, fees, expenses, costs, lossesremedies, debts reckonings, extents, responsibilities, liabilities, suits, and expenses (including attorneys’ fees and costs) proceedings of any nature whatsoeverwhatsoever kind, nature, or description, direct or indirect, vested or contingent, known or unknown, whether pursuant suspected or unsuspected, in contract, tort, law, equity, or otherwise, under the laws of any jurisdiction, that the Employee or his predecessors, legal representatives, successors or assigns, ever had, now has, or hereafter can, shall, or may have, against the Releasees, as set forth above, jointly or severally, for, upon, or by reason of any matter, cause, or thing whatsoever from the beginning of the world through, and including, the date of this Agreement (“Claims”). Such release includes, but is not limited to, the violation of any express or implied contract; any federal, state or local laws, restricting an employer’s right to contract or in law or equity terminate employees, or otherwise regulating employment; workers compensation, wage and whether arising under any and all federalhour, state, local, county and/or municipal or other employee relations statutes, executive orders, ordinance, or regulations, rules, and/or ordinances, including, without limitation, including any rights or claims under Title VII of the Civil Rights Act of 1964; , as amended the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Age Discrimination in Employment Act of 1967 (“ADEA”) (29 U.S.C. § 626, as amended), the Fair Labor Standards Act, the Americans with Disabilities WARN Act, the Older Workers Benefit Protection Act, the Equal Pay Act of 1962, Chapter 21 of the Texas Labor Code and Section 451 of the Texas Labor Code and/or claims under the Constitutions of the United States and/or the State of Texas or any other unlawful criterion state or circumstancelocal laws covering the same subject matter; tort (including, which Employee Releasors hadwithout limitation, now havenegligent conduct, invasion of privacy and defamation); any federal, state, or may have local laws providing recourse for retaliation, wrongful discharge, dismissal or claim other obligations arising out of public policy, physical or personal injury, fraud, negligent misrepresentations, and similar or related claims. The laws referred to have in the future against each this section include statutes, regulations, other administrative guidance, and common law doctrines. Any and all claims and/or disputes arising out of or relating to any of the Employer Releasees by reason foregoing shall be, and are, finally compromised, released and settled. Notwithstanding the foregoing, this release does not include Employee’s right to enforce the terms of any matterthis Agreement. Employee understands that this Agreement releases claims that he may not know about. This is Employee’s knowing and voluntary intent, cause even though Employee recognizes that someday he might learn that some or thing occurring, done or omitted all of the facts that he currently believes to be done true are untrue and even though he might then regret having signed this Agreement. Except to enforce this Agreement, Employee agrees that he will not pursue, file or assert or permit to be pursued, filed or asserted any civil action, suit or legal proceeding seeking equitable or monetary relief (nor will he seek or in any way obtain or accept any such relief in any civil action, suit or legal proceeding) in connection with any matter concerning his employment relationship with the Company and/or the termination thereof with respect to all of the claims released herein arising from the beginning of the world until up to and including the date of the execution of this Release Agreement (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer from whether known or unknown to him and including any right continuing effects of indemnification any acts or to director and officer liability insurance coverage under any Employer organizational documents or at law under any plan or agreement and applicable practices prior to the Employeedate of execution of this Agreement). Nothing in this Release is intended to interfere with Except for the Employee’s right to make a complaint or claim with a federal or state administrative agency includingpayments and benefits set forth herein, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commission. However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalf. In addition, this release is not intended to interfere with the Employee’s right to challenge that his waiver of any and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, notwithstanding the Employee’s specific representation to the Employer Group that he has entered into this Agreement knowingly and voluntarily and acknowledges that he has been advised paid all wages and other amounts due to him and that he is not entitled to any other payments or benefits of any kind. If Employee should bring any action arising out of the subject matter covered by this Agreement, except to enforce this Agreement, he understands and recognizes that he will, at the Employer Group option of the Company, be considered in breach of this Agreement and shall be required to consult with an attorney immediately return any and all funds received pursuant to this Agreement. Furthermore, if the Company should prevail concerning any or all of his choice regarding samethe issues so presented, Employee shall pay to the Company all of the costs and expenses of defense, including attorney’s fees.

Employee Release. In For and in consideration of the payments and/or other benefits to be provided to and/or on behalf of Employee pursuant to this Agreement, and benefits the agreements set forth in Paragraph [6.2herein, 6.3 and other good and valuable consideration, the receipt and sufficiency of which Employee hereby acknowledges and agrees, Employee, on behalf of Employee and Employee’s heirs, beneficiaries, agents, executors and assigns, hereby voluntarily, knowingly, and willingly releases and forever discharges the Company and its stockholders, parents, affiliates, subsidiaries, divisions, any and all current and former directors, officers, executives and agents thereof, and their heirs, agents and assigns, and any and all pension benefit or 6.4] welfare benefit plans of the Employment AgreementCompany, the Employee for himself, his heirs, administrators, representatives, executors, successors including current and assigns former trustees and administrators of such pension benefit and welfare benefit plans (collectively, the “Employee Releasors”) does hereby irrevocably and unconditionally release, acquit and forever discharge the Employer and each of its subsidiaries, affiliates, divisions, successors, assigns, trustees, officers, directors, partners, agents, and former and current employees, including without limitation all persons acting by, through, under or in concert with any of them (collectively, “Employer Releasees”), and each of them from any and all chargesclaims, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suitscharges, demands or rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs) of any kind or nature whatsoever, in law or in equity, whether known or unknown, whether pursuant which may have existed or which may now exist from the beginning of time to contract or in law or equity or otherwise and whether arising under any and all federal, state, local, county and/or municipal statutes, regulations, rules, and/or ordinancesthe date of this Agreement, including, without limitation, any claims Employee may have arising from or relating to Employee’s employment or termination from employment with the Company, and further including a release of any rights or claims Employee may have under the Age Discrimination in Employment Act of 1967, as amended by the Older Worker Benefits Protection Act, the Equal Pay Act, Title VII of the Civil Rights Act of 1964; , as amended, the Age Discrimination in Employment ActCivil Rights Act of 1991, the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Equal Pay Family and Medical Leave Act of 1962, Chapter 21 1993; Section 1981 of the Texas Labor Code and Civil Rights Act of 1866; Section 451 1985(3) of the Texas Labor Code and/or claims under Civil Rights Act of 1871; the Constitutions Employment Retirement Income Security Act of the United States and/or the State of Texas 1974, as amended; any other federal, state or local laws against discrimination; or, any other federal, state, or local statute or common law relating to employment, wages, hours, or any other unlawful criterion or circumstanceterms and conditions of employment, which including, but not limited to, the Illinois Human Rights Act, and the Illinois Wage Payment and Collection Act and any other laws regarding the payment of wages, to the maximum extent permitted by law. This release further includes a release by Employee Releasors hadof any claims for wrongful discharge, now havebreach of contract, or may have or claim to have in the future against each torts or any other claims in any way related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to xxx to the extent permitted by law. It is the intention of the Employer Releasees by reason parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer from any right of indemnification or to director and officer liability insurance coverage under any Employer organizational documents or at law under any plan or agreement and applicable to the Employee. Nothing action described in this Release is intended to interfere with the Employee’s right to make a complaint or claim with a federal or state administrative agency includingSection 4, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commissionincluding known and unknown claims. However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalf. In addition, this This release is not intended as a bar to interfere any claim that, by law, may not be waived, or a claim to challenge the validity of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with and/or termination from Employee’s employment with the Employee’s right to challenge Company. Employee acknowledges that his waiver of Employee has not suffered any and all ADEA on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims pursuant to this Release is a knowing and voluntary waiver, notwithstanding against the Employee’s specific representation to the Employer Group that he has entered into this Agreement knowingly and voluntarily and that he has been advised by the Employer Group to consult with an attorney of his choice regarding sameCompany.

Employee Release. In consideration of the payments and benefits set forth in Paragraph [6.2, 6.3 or 6.4] 8 of the Employment Agreement, the Employee for himself, his heirs, administrators, representatives, executors, successors and assigns (collectively, “Employee Releasors”) does hereby irrevocably and unconditionally release, acquit and forever discharge the Employer Group and each of its their subsidiaries, affiliates, divisions, successors, assigns, trustees, officers, directors, partners, agents, and former and current employees, including without limitation all persons acting by, through, under or in concert with any of them (collectively, “Employer Releasees”), and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs) of any nature whatsoever, known or unknown, whether pursuant to contract or in law or equity or otherwise and whether arising under any and all federal, state, local, county and/or municipal statutes, regulations, rules, and/or ordinances, including, without limitation, Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Equal Pay Act of 1962, Chapter 21 of the Texas Labor Code and Section 451 of the Texas Labor Code and/or claims under the Constitutions of the United States and/or the State of Texas or any other unlawful criterion or circumstance, which Employee Releasors had, now have, or may have or claim to have in the future against each or any of the Employer Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer from from (i) any obligation under Paragraphs 6(d), 6(e), 8, 17 or 23 of the Employment Agreement, (ii) any right of indemnification or to director and officer liability insurance coverage under any Employer organizational documents or at law under any plan or agreement and applicable to the EmployeeEmployee or (iii) any obligations or restrictions under the Xxxxxx Investment Agreement, the Purchase Agreement or the Shareholders Agreement (as such terms are defined in the Employment Agreement) and nothing herein shall impair the right or ability of any party thereto to enforce such provisions in accordance with the terms of the Xxxxxx Investment Agreement, the Purchase Agreement or the Shareholders Agreement. Nothing in this Release is intended to interfere with the Employee’s right to make a complaint or claim with a federal or state administrative agency including, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commission. However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalf. In addition, this release is not intended to interfere with the Employee’s right to challenge that his waiver of any and all ADEA AREA claims pursuant to this Release is a knowing and voluntary waiver, notwithstanding the Employee’s specific representation to the Employer Group that he has entered into this Agreement knowingly and voluntarily and that he has been advised by the Employer Group to consult with an attorney of his choice regarding same.

Employee Release. In consideration of the payments and benefits set forth in Paragraph [6.2, 6.3 or 6.4] 8 of the Employment Agreement, the Employee for himself, his heirs, administrators, representatives, executors, successors and assigns (collectively, “Employee Releasors”) does hereby irrevocably and unconditionally release, acquit and forever discharge the Employer Group and each of its their subsidiaries, affiliates, divisions, successors, assigns, trustees, officers, directors, partners, agents, and former and current employees, including without limitation all persons acting by, through, under or in concert with any of them (collectively, “Employer Releasees”), and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs) of any nature whatsoever, known or unknown, whether pursuant to contract or in law or equity or otherwise and whether arising under any and all federal, state, local, county and/or municipal statutes, regulations, rules, and/or ordinances, including, without limitation, Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Equal Pay Act of 1962, Chapter 21 of the Texas Labor Code and Section 451 of the Texas Labor Code and/or claims under the Constitutions of the United States and/or the State of Texas or any other unlawful criterion or circumstance, which Employee Releasors had, now have, or may have or claim to have in the future against each or any of the Employer Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer from (i) any obligation under Paragraphs 6(d), 6(e), 8, 17 or 23 of the Employment Agreement, (ii) any right of indemnification or to director and officer liability insurance coverage under any Employer organizational documents or at law under any plan or agreement and applicable to the EmployeeEmployee or (iii) any obligations or restrictions under the Xxxxxx Investment Agreement, the Purchase Agreement or the Shareholders Agreement (as such terms are defined in the Employment Agreement) and nothing herein shall impair the right or ability of any party thereto to enforce such provisions in accordance with the terms of the Xxxxxx Investment Agreement, the Purchase Agreement or the Shareholders Agreement. Nothing in this Release is intended to interfere with the Employee’s right to make a complaint or claim with a federal or state administrative agency including, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commission. However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalf. In addition, this release is not intended to interfere with the Employee’s right to challenge that his waiver of any and all ADEA AREA claims pursuant to this Release is a knowing and voluntary waiver, notwithstanding the Employee’s specific representation to the Employer Group that he has entered into this Agreement knowingly and voluntarily and that he has been advised by the Employer Group to consult with an attorney of his choice regarding same.

Employee Release. In consideration of the payments and benefits set forth in Paragraph [6.2, 6.3 6.2 or 6.46.3] of the Employment Agreement, the Employee for himself, his heirs, administrators, representatives, executors, successors and assigns (collectively, “Employee Releasors”) does hereby irrevocably and unconditionally release, acquit and forever discharge the Employer and each of its subsidiaries, affiliates, divisions, successors, assigns, trustees, officers, directors, partners, agents, and former and current employees, including without limitation all persons acting by, through, under or in concert with any of them (collectively, “Employer Releasees”), and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs) of any nature whatsoever, known or unknown, whether pursuant to contract or in law or equity or otherwise and whether arising under any and all federal, state, local, county and/or municipal statutes, regulations, rules, and/or ordinances, including, without limitation, Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Equal Pay Act of 1962, Chapter 21 of the Texas Labor Code and Section 451 of the Texas Labor Code and/or claims under the Constitutions of the United States and/or the State of Texas or any other unlawful criterion or circumstance, which Employee Releasors had, now have, or may have or claim to have in the future against each or any of the Employer Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer from any right of indemnification or to director and officer liability insurance coverage under any Employer organizational documents or at law under any plan or agreement and applicable to the Employee. Nothing in this Release is intended to interfere with the Employee’s right to make a complaint or claim with a federal or state administrative agency including, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commission. However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalf. In addition, this release is not intended to interfere with the Employee’s right to challenge that his waiver of any and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, notwithstanding the Employee’s specific representation to the Employer Group that he has entered into this Agreement knowingly and voluntarily and that he has been advised by the Employer Group to consult with an attorney of his choice regarding same.

Employee Release. In For and in consideration of the payments and and/or other benefits set forth in Paragraph [6.2, 6.3 or 6.4] to be provided to and/or on behalf of the Employment Employee pursuant to this Agreement, the sufficiency of which Employee for himselfhereby acknowledges, his Employee, on behalf of Employee and Employee’s heirs, administratorsexecutors and assigns, representatives, executors, successors and assigns (collectively, “Employee Releasors”) does hereby irrevocably and unconditionally release, acquit releases and forever discharge discharges the Employer Company and each of its subsidiariesstockholders, parents, affiliates, subsidiaries, divisions, successors, assigns, trusteesany and all current and former directors, officers, directors, partners, agentsexecutives and agents thereof, and former their heirs and current employees, including without limitation all persons acting by, through, under or in concert with any of them (collectively, “Employer Releasees”)assigns, and each of them from any and all pension benefit or welfare benefit plans of the Company, including current and former trustees and administrators of such pension benefit and welfare benefit plans, from all claims, charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, or demands, costsin law or in equity, losses, debts and expenses (including attorneys’ fees and costs) of any nature whatsoever, whether known or unknown, whether pursuant which may have existed or which may now exist from the beginning of time to contract or in law or equity or otherwise and whether arising under any and all federal, state, local, county and/or municipal statutes, regulations, rules, and/or ordinancesthe date of this Agreement, including, without limitation, any claims Employee may have arising from or relating to Employee’s employment or termination from employment with the Company, and further including a release of any rights or claims Employee may have under the Age Discrimination in Employment Act, the Older Worker Benefits Protection Act, Title VII of the Civil Rights Act of 1964; , as amended, the Age Discrimination in Employment ActCivil Rights Act of 1991, the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Equal Pay Family and Medical Leave Act of 1962, Chapter 21 1993; Section 1981 of the Texas Labor Code and Civil Rights Act of 1866; Section 451 1985(3) of the Texas Labor Code and/or claims under Civil Rights Act of 187; the Constitutions Executive Retirement Income Security Act of the United States and/or the State of Texas 1974, as amended; any other federal, state or local laws against discrimination; or any other unlawful criterion or circumstancefederal, which Employee Releasors had, now havestate, or may have local statute, or claim common law relating to have in the future against each employment, wages, hours, or any other terms and conditions of employment, including, but not limited to, the Illinois Human Rights Act, and the Illinois Wage Payment and Collection Act and any other laws regarding the payment of wages, to the maximum extent permitted by law. This release further includes a release by Employee of any claims for wrongful discharge, breach of contract, torts or any other claims in any way related to Employee’s employment with or resignation or termination from the Company. This Section 4 shall operate as a general release and a covenant not to sxx to the extent permitted by law. It is the intention of the Employer Releasees by reason parties in executing this Agreement that it shall be an effective bar to each and every claim, demand, and cause of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer from any right of indemnification or to director and officer liability insurance coverage under any Employer organizational documents or at law under any plan or agreement and applicable to the Employee. Nothing action described in this Release is intended to interfere with the Employee’s right to make a complaint or claim with a federal or state administrative agency includingparagraph, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commissionincluding known and unknown claims. However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalf. In addition, this This release is not intended as a bar to interfere any claim that, by law, may not be waived, or a claim to challenge the validity of this Agreement. Employee waives any right to any monetary recovery should any federal, state or local administrative agency pursue any claims on Employee’s behalf arising out of or related to Employee’s employment with and/or termination from Employee’s employment with the Employee’s right to challenge Company. Employee acknowledges that his waiver of Employee has not suffered any and all ADEA on-the-job injury or condition for which Employee has not already filed a claim. Employee further acknowledges that Employee has no pending claims pursuant to this Release is a knowing and voluntary waiver, notwithstanding against the Employee’s specific representation to the Employer Group that he has entered into this Agreement knowingly and voluntarily and that he has been advised by the Employer Group to consult with an attorney of his choice regarding sameCompany.

Employee Release. In consideration of the payments and benefits set forth in Paragraph [6.2, 6.3 or 6.4] 8 of the Employment AgreementAgreement and Section 2 of the Letter, the Employee for himself, his heirs, administrators, representatives, executors, successors and assigns (collectively, “Employee Releasors”) does hereby irrevocably and unconditionally release, acquit and forever discharge the Employer Group and each of its their subsidiaries, affiliates, shareholders, controlling persons, divisions, successors, assigns, trustees, officers, directors, partners, agents, and former and current employees, including without limitation all persons acting by, through, under or in concert with any of them (collectively, “Employer Releasees”), and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs) of any nature whatsoever, known or unknown, whether pursuant to contract or in law or equity or otherwise and whether arising under any and all federal, state, local, county and/or municipal statutes, regulations, rules, and/or ordinances, including, without limitation, Title VII of the Civil Rights Act of 1964; the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Older Workers Benefit Protection Act, the Equal Pay Act of 1962, Chapter 21 of the Texas Labor Code and Section 451 of the Texas Labor Code and/or claims under the Constitutions of the United States and/or the State of Texas or any other unlawful criterion or circumstance, which Employee Releasors had, now have, or may have or claim to have in the future against each or any of the Employer Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer the Company from (i) any obligation under Paragraphs 6(d), 6(e), 8, 17 or 23 of the Employment Agreement, as modified by the Letter, (ii) any obligation under Section 2 of the Letter, (iii) any right of indemnification or to director and officer liability insurance coverage under any Employer Company organizational documents or at law under any plan or agreement and applicable to Executive or (iv) any obligations or restrictions under the EmployeeXxxxxx Investment Agreement, the Purchase Agreement or the Shareholders Agreement (as such terms are defined in the Employment Agreement) and nothing herein shall impair the right or ability of any party thereto to enforce such provisions in accordance with the terms of the Xxxxxx Investment Agreement, the Purchase Agreement or the Shareholders Agreement. Nothing in this Release is intended to interfere with the Employee’s right to make a complaint or claim with a federal or state administrative agency including, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commission. However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalf. In addition, this release is not intended to interfere with the Employee’s right to challenge that his waiver of any and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, notwithstanding the Employee’s specific representation to the Employer Group that he has entered into this Agreement knowingly and voluntarily and that he has been advised by the Employer Group to consult with an attorney of his choice regarding same.

Employee Release. In consideration Employee hereby releases (the “Employee Release”) each of the payments Company, its past and benefits set forth in Paragraph [6.2, 6.3 or 6.4] of the Employment Agreement, the Employee for himself, his heirs, administrators, representatives, executors, successors and assigns (collectively, “Employee Releasors”) does hereby irrevocably and unconditionally release, acquit and forever discharge the Employer and each of its subsidiaries, affiliates, divisions, successors, assigns, trustees, present officers, directors, partnersstockholders, employees and agents, and former the Parent, any subsidiary or other affiliated entity and current employeestheir respective officers, including without limitation all persons acting bydirectors, throughtrustees, under or in concert with any of them (collectivelystockholders, “Employer Releasees”)employees and agents, and each of them their respective heirs, distributees and personal and legal representatives (all of the foregoing, including the Company, being referred to as the “Company Released Parties”) from all claims, demands or causes of action that Employee may now have, or has ever had, whether known or unknown, either at law, in equity, or mixed (“Claims”), against any of the Company Released Parties up to the Termination Date, except as provided in Section 7(b) herein. Without limiting the generality of the foregoing, Employee also specifically releases each of the Company Released Parties from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, demands and causes of actionaction which have been or could have been asserted as a result of Employee’s employment with the Company, suitsseparation from employment or other status with the Company, rightsincluding but not limited to all wrongful discharge claims; all claims relating to any contracts of employment (other than this Agreement), demandsexpress or implied; any covenant of good faith and fair dealing, costs, losses, debts and expenses (including attorneys’ fees and costs) express or implied; any tort of any nature whatsoevernature; any claims relating to harassment or discrimination of any sort, known or unknown, whether pursuant to contract or in law or equity or otherwise and whether any claims arising under out of any and all federal, state, local, county and/or state or municipal statutes, regulations, rules, and/or ordinances, including, without limitation, statute or ordinance; any claims under Title VII of the Civil Rights Act of 1964; , as amended, the Age Discrimination in In Employment ActAct of 1967, as amended, the Family Medical Leave Act of 1993, the Fair Labor Standards Act of 1938, as amended, the Federal Rehabilitation Act of 1973, the Americans with Disabilities Act of 1992, any claim under the Florida Civil Rights Act of 1992 (formerly known as the Human Rights Act of 1977), the Florida Equal Pay Law, the Florida Aids Act, the Older Workers Benefit Protection Act, the Equal Pay Act of 1962, Chapter 21 of the Texas Labor Code Florida Whistle Blower Law and Section 451 of the Texas Labor Code and/or claims waivable rights under the Constitutions Florida Constitution, or at common law, and similar provisions under the laws of the United States and/or the State of Texas or any other unlawful criterion State, and any other laws or circumstanceregulations relating to employment, which Employee Releasors haddiscrimination, now have, retaliation or may have or claim to have in the future against each or civil rights and any of the Employer Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release (the “Employee Released Claims”); provided, however, that nothing herein shall release Employer from any right of indemnification or to director and officer liability insurance coverage under any Employer organizational documents or at law under any plan or agreement all claims for attorneys’ fees and applicable to the Employee. Nothing in this Release is intended to interfere with the Employee’s right to make a complaint or claim with a federal or state administrative agency including, for example, the National Labor Relations Board, the Equal Employment Opportunity Commission or the Texas Workforce Commission. However, by executing this Release, the Employee hereby waives the right to recover in any proceeding that the Employee may bring before the Equal Employment Opportunity Commission or any federal or state administrative agency or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Employee’s behalfcosts. In addition, this release is and not intended in limitation of the foregoing, Employee hereby forever releases and discharges each of the Company Released Parties from any liability or obligation to interfere with reinstate or reemploy him in any capacity. Employee further agree that, on the Employee’s right to challenge that his waiver of any Cessation Date, he will execute and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, notwithstanding the Employee’s specific representation deliver to the Employer Group that he has entered into this Agreement knowingly Company a second General Release in the form attached hereto as Exhibit B, releasing the Company from any claims arising between the Termination Date and voluntarily and that he has been advised by the Employer Group to consult with an attorney of his choice regarding sameCessation Date.