Common use of Employee Representations Clause in Contracts

Employee Representations. Employee expressly acknowledges and represents, and intends for the Company to rely upon the following in entering the Agreement: (a) Employee has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing this Agreement, Employee hereby waives the right to recover monetary damages in any proceeding that (1) Employee may bring before the EEOC or any state or local human rights commission or (2) may be brought by the EEOC or any state or local human rights commission by or on Employee’s behalf. (b) Employee understands that she is, by entering into this Agreement, releasing the Released Parties, including the Company, from any and all claims she has, had or may ever have against them under federal, state or local laws, which have arisen on or before the execution date of this Agreement. (c) Employee understands that she is, by entering into this Agreement, waiving all claims that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the execution date of this Agreement. (d) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Agreement, and has carefully read and fully understands all of the provisions and effects of this Agreement. (f) Employee has been, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company or any of the other Released Parties, other than those that are specifically stated in this Agreement. (i) Employee does not waive rights or claims that may arise after the date this Agreement is signed below. (j) This Agreement shall be, in all cases, construed as a whole according to its fair meaning, and not strictly for or against any of the Parties. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges warrants and represents, and intends for the Company to rely upon the following in entering the Agreement: represents that (a) Employee has not filed or authorized the filing of any complaints, claims charges or actions lawsuits against the Company or any of the other Released Parties with any court, agency, governmental agency or commission court regarding the matters encompassed by this Agreement and, by executing any claims released in this Agreement, Employee hereby waives the right and that if, unbeknownst to recover monetary damages in any proceeding that (1) Employee may bring before the EEOC Employee, such a complaint, charge or any state or local human rights commission or (2) may be brought by the EEOC or any state or local human rights commission by or lawsuit has been filed on Employee’s behalf. , Employee will immediately cause it to be withdrawn and dismissed, (b) Employee understands that she ishas been paid all compensation, by entering into wages, bonuses, commissions, and/or benefits to which Employee may be entitled and no other compensation, wages, bonuses, paid time off, commissions and/or benefits are due to Employee, except as provided in this Agreement, releasing the Released Parties, including the Company, from any and all claims she has, had or may ever have against them under federal, state or local laws, which have arisen on or before the execution date of this Agreement. (c) Employee understands that she is, by entering into this Agreement, waiving all claims that she has, had has no known workplace injuries or may ever have against the Released Parties occupational diseases and has been provided and/or has not been denied any leave requested under the federal Age Discrimination in Employment Family and Medical Leave Act of 1967or any state law counterpart, as amended, which have arisen on or before the execution date of this Agreement. (d) Employee agrees that the execution, delivery and performance of this Agreement shall be binding on her by Employee does not and her heirswill not conflict with, administratorsbreach, representativesviolate or cause a default under any agreement, executorscontract or instrument to which Employee is a party or any judgment, successorsorder or decree to which Employee is subject, and assigns, and shall inure to the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects twenty one (21) calendar days to consider this Agreement and whether to sign this Agreement, as well as seven (7) calendar days after she signs this Agreement to revoke her execution of this Agreement, and has carefully read and fully understands all of the provisions and effects of this Agreement. ; (f) Employee has beenis executing this Agreement voluntarily and without any duress or undue influence on the part or behalf of the Company, with full understanding of the terms and consequences, and is hereby, has been advised in writing to consult with an attorney of her own choice before signing this Agreement. choosing, (g) Employee is knowingly upon the execution and voluntarily entering into delivery of this AgreementAgreement by the Company and Employee, this Agreement will be a valid and has relied solely binding obligation of Employee, enforceable in accordance with its terms and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) the Employee is agrees and acknowledges that in executing this Agreement she does not relying upon rely and has not relied on any representations, promises, predictions, projections representation or statements made statement by or on behalf any of the Company Parties with regard to the subject matter, basis or any effect of the other Released Parties, other than those that are specifically stated in this Agreement. (i) Employee does not waive rights or claims that may arise after the date this Agreement is signed below. (j) This Agreement shall be, in all cases, construed as a whole according to its fair meaning, and not strictly for or against any of the Parties. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement...

Employee Representations. Employee expressly acknowledges and represents, and intends for the Company to rely upon the following in entering the Agreement: (a) The Employee has not filed any complaints, claims or actions against hereby represents and warrants that the Company or any Employee’s performance of the other Released Parties terms of this Agreement will not breach any written or oral agreement entered into by the Employee with a former employer or with any court, agency, other third party. The Employee further represents and warrants that the Employee will not engage in additional employment or commission regarding the matters encompassed by this Agreement and, by executing this Agreement, Employee hereby waives the right to recover monetary damages recreational activities that would in any proceeding that (1) Employee may bring before way pose a conflict of interest with the EEOC or any state or local human rights commission or (2) may be brought by the EEOC or any state or local human rights commission by or on Employee’s behalfEmployment. (b) The Employee hereby confirms that the Employee is not owed any amounts or entitled to any benefits from the Company and/or its affiliates for any period of employment, consulting or services provided by the Employee prior to the Effective Date, whether to the Company or to any of its affiliated entities, and that the Employee has been paid in full any amounts which may be due to the Employee on the part of the Company and/or its affiliates on account of any such period of employment, consulting or services provided. (c) The Employee hereby acknowledges that the Employee’s signing of the Confidentiality, Non-Solicitation and Ownership of Inventions Undertaking attached hereto as Schedule A (the “Undertaking”) constitutes a precondition of the Employment. The Employee further affirms that this Agreement and the Undertaking constitute the entire understanding of the Parties with respect to the subject matter hereof and supersede any understanding or agreement, whether oral or written, between the Company and the Employee, including without limitation, that certain letter agreement between the Parties dated March 20, 2018. (d) The Employee understands that she isthe Employment and obligations of the Company pursuant to this Agreement are conditioned upon the Employee’s presenting to the Company and maintaining, in each case as required by entering into applicable law, authorization to work in the United States. It is understood that absent such work authorization, the terms of this AgreementAgreement shall be null and void, releasing and the Released PartiesCompany shall have no obligations hereunder. In the event that the Employee is actively employed by the Company at the time of a lapse in the Employee’s work authorization for any reason, including the Company, from any Employment shall immediately terminate and all claims she has, had the Company shall have no obligations with respect to the Employee or may ever have against them under federal, state or local laws, which have arisen on or before the execution date of pursuant to this Agreement. (ce) The Employee understands acknowledges that she isthe Employee has been advised to obtain independent counsel to evaluate the terms, conditions and covenants set forth in this Agreement and its attached Schedule A, and the Employee has been afforded ample opportunity to obtain such independent advice and evaluation. The Employee warrants to the Company that the Employee has relied upon such independent counsel and not upon any representation (legal or otherwise), statement or advice said or offered by entering into this Agreement, waiving all claims that she has, had the Company or may ever have against the Released Parties under the federal Age Discrimination Company’s counsel in Employment Act of 1967, as amended, which have arisen on or before the execution date of connection with this Agreement. (d) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Agreement, and has carefully read and fully understands all of the provisions and effects of this Agreement. (f) Employee has been, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company or any of the other Released Parties, other than those that are specifically stated in this Agreement. (i) Employee does not waive rights or claims that may arise after the date this Agreement is signed below. (j) This Agreement shall be, in all cases, construed as a whole according to its fair meaning, and not strictly for or against any of the Parties. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and The Executive represents, warrants and intends for the Company to rely upon the following in entering the Agreement: covenants that (a) Employee the Executive has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing read and understands this Agreement, Employee hereby waives the right to recover monetary damages is fully aware of its legal effect, has not acted in reliance upon any proceeding that (1) Employee may bring before the EEOC representations or any state or local human rights commission or (2) may be brought promises made by the EEOC or any state or local human rights commission by or Company other than those contained in writing herein and has entered into this Agreement freely based on Employeethe Executive’s behalf. own judgment, (b) Employee understands that she isthe Executive has the full right, by entering authority and capacity to enter into this Agreement and perform the Executive’s obligations hereunder, (c) the Executive is not bound by any agreement that conflicts with or prevents or restricts the full performance of the Executive’s duties and obligations to the Company hereunder during or after the Term and (d) the execution and delivery of this Agreement shall not result in any breach or violation of, or a default under, any existing obligation, commitment or agreement to which the Executive is subject. The parties have executed this Agreement as of the date first written above. By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chairman of the Board of Directors and Chief Executive Officer (Principal Executive Officer) By: /s/ Xxxxx Xxxxxxxx This Release of Claims is provided by me, the undersigned, pursuant to the Amended and Restated Employment Agreement between me and Xxxxxx Xxxxxxxx, Inc., dated as of October [__], 2021 (the “Employment Agreement”). All capitalized terms used in this Release of Claims, releasing but not defined herein, shall have the meaning ascribed to those terms in the Employment Agreement. 1. In consideration of the pay and benefits to be provided to me in connection with the termination of my employment, as set forth in Section 5(a)(v) [and (b)]1 of the Employment Agreement (the “Severance Payments”), which are conditioned upon my signing (and not revoking) this Release of Claims and to which I am not otherwise entitled, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on my own behalf and on behalf of my heirs, executors, beneficiaries and personal representatives, successors and assigns, and all others connected with or claiming through me (collectively, the “Releasors”), hereby release and forever discharge the Company and TMHC, and their subsidiaries and other Affiliates and all of their respective past, present and future officers, directors, shareholders, parents, employees, agents, general and limited partners, members, managers, joint venturers, trustees, employee benefit plans and their administrators and fiduciaries, representatives, agents, predecessors, successors and assigns, and all others connected with any of them, both individually and in their official capacities (collectively, the “Released Parties, including the Company”), from any and all causes of action, rights and claims, of any nature or type, known or unknown, fixed or contingent, in law or in equity, which I have had in the past, now have, or might now have, through the date of my signing of this Release of Claims, including, but not limited to, any such causes of action, rights or claims she hasin any way resulting from, had arising out of or may ever have against them under connected with my employment by or other relationship with the Released Parties or the termination of that employment and/or relationship or pursuant to any federal, state or local law, regulation or other requirement (including, without limitation, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (“ADEA,” a law which prohibits discrimination on the basis of age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Worker Adjustment Retraining and Notification Act and similar state laws, which have arisen the Equal Pay Act, the Fair Labor Standards Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Xxxxxxxx-Xxxxx Act of 2002, the Arizona Wage Act, the Arizona Equal Pay Act, the Arizona Employment Protection Act, the Arizona Civil Rights Act, the Arizona Occupational Health and Safety Act, the Arizona Right to Work Act, the Arizona Drug Testing of Employees Act, the Arizona Medical Marijuana Act, the Arizona criminal code, the Americans with Disabilities Act, and any other federal, state and local laws relating to discrimination on the basis of age, sex or before other protected class, express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys’ fees and costs, each as amended from time to time); provided, that nothing herein shall release any claim arising after the execution effective date of the termination of my employment. Excluded from the scope of this Release of Claims are: (i) any rights of indemnification or contribution that I have pursuant to Section 8 of the Employment Agreement, the articles of incorporation or by-laws of the Company, TMHC or any of their subsidiaries, (ii) any right I have to the Severance Payments, (iii) vested rights to benefits under employee benefit plans of the Company, TMHC or their subsidiaries and (iv) rights that cannot be released as a matter of law (collectively, “Unreleased Claims”). 1 To be updated, as applicable. 2. I acknowledge and agree that this Release of Claims may be pleaded as a full defense to any action, suit, arbitration or other proceeding covered by the terms hereof which is or may be initiated by any of the Releasors. 3. I acknowledge that neither I nor any of the Releasors has filed any complaint, charge, claim or proceeding against any of the Released Parties before any local, state, federal or foreign agency, court, arbitrator, mediator, arbitration or mediation panel or other body (ceach individually, a “Proceeding”). I represent that I am not aware of any basis on which such a Proceeding could reasonably be instituted, except as I have expressly disclosed to the Company in writing. I (i) Employee understands acknowledge that she isI shall not initiate or cause to be initiated on my behalf, and shall not participate in, any Proceeding (except with respect to an Unreleased Claim), except as required by law, and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”). Further, I understand that, by entering into executing this AgreementRelease of Claims, waiving all claims I shall be limiting the availability of certain remedies that she has, had or I may ever have against the Company and limiting also my ability to pursue certain claims against the Released Parties Parties. Notwithstanding the above, nothing in Section 1 of this Release of Claims shall prevent me from (a) initiating or causing to be initiated on my behalf any complaint, charge, claim or proceeding against the Company before any local, state or federal agency, court or other body challenging the validity of the waiver of my claims under ADEA contained in Section 1 of this Release of Claims (but no other portion of such waiver), or (b) initiating or participating in an investigation or proceeding conducted by the federal EEOC. 4. I represent and warrant that I have returned to the Company any and all Confidential Information and other property of the Company and its Affiliates that I had in my possession, custody or control on the date my employment with the Company terminated and that I have retained no such property. Without limiting the foregoing, I also represent and warrant that I have retained no copy of any such documents, materials or information. 5. In signing this Release of Claims, I acknowledge that I have had a reasonable amount of time to consider the terms of this Release of Claims and that I am signing this Release of Claims voluntarily and with a full understanding of its terms. I acknowledge my understanding that I may not sign this Release of Claims prior to the termination of my employment, but that I may consider the terms of this Release of Claims for up to [twenty-one (21)][forty-five (45)]2 days (or such longer period as the Company may specify in order to render this Release of Claims fully effective) from the date I receive this Release of Claims. I also acknowledge that I am advised by the Company, TMHC and their Affiliates to seek the advice of an attorney prior to signing this Release of Claims and that I have, in fact, consulted with an attorney prior to signing this Release of Claims; that I have had sufficient time to consider this Release of Claims and to consult with an attorney, if I wished to do so, or to consult with any other person of my choosing before signing; and that I am signing this Release of Claims voluntarily and with a full understanding of its terms. 6. I further acknowledge that, in signing this Release of Claims, I have not relied on any promises or representations, express or implied, that are not set forth expressly herein. I understand that I may revoke this Release of Claims at any time within seven (7) days of the date of my signing by written notice to the Company in accordance with Section 15 of the Employment Agreement and that neither the Company nor any other person is obligated to provide any of the Severance Payments to me until eight (8) days have passed since my signing 2 To be selected based on whether applicable termination was “in connection with an exit incentive or other employment termination program” (as such phrase is defined in the Age Discrimination in Employment Act of 1967). of this Release of Claims without my having revoked this Release of Claims. If I revoke this Release of Claims, as amendedI shall be deemed not to have accepted the terms of this Release of Claims, and no action shall be required of any of the Released Parties under any section of this Release of Claims. 7. I acknowledge and agree that I continue to be bound by the provisions of Sections 6, 7, and 9 of the Employment Agreement, which have arisen on or before shall survive my termination of employment with the execution Company and remain in full force and effect in accordance with their terms. On the date of this Agreementmy termination, the Company hereby agrees to use reasonable efforts to advise its executive officers not to make any statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, regarding me that are disparaging or damaging to my reputation. (d) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to 8. This Release of Claims does not constitute an admission of liability or wrongdoing of any kind by the benefit of her heirs, administrators, representatives, executors, successors and assignsCompany or me. (e9. In accordance with Section 4(c) Employee has reviewed all aspects of this the Employment Agreement, I hereby resign from all positions on the Board and has carefully read and fully understands all of the provisions and effects of this Agreement. committees thereof (f) Employee has been, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, from the advice board of her own attorney directors or similar governing bodies (and all committees thereof) of all other Affiliates of the Company) and from all other positions and offices that I hold with the Company and its subsidiaries and Affiliates. I agree to promptly execute such further documents as the Company, in entering into this Agreementits sole discretion, shall reasonably deem necessary to effect the foregoing. (h) Employee is not relying 10. The provisions of this Release of Claims shall be binding upon any representationsmy heirs, promisesexecutors, predictionsadministrators, projections or statements made by or on behalf legal representatives and assigns. A failure of the Company or any of the Released Parties to insist on strict compliance with any provision of this Release of Claims shall not be deemed a waiver of such provision or any other provision hereof. If any provision of this Release of Claims is determined to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable, and in the event that any provision is determined to be entirely unenforceable, such provision shall be deemed severable, such that all other provisions of this Release of Claims shall remain valid and binding upon me. For the avoidance of doubt, each of the Released Parties, other than those that are specifically stated Parties shall be a third-party beneficiary to this Release of Claims and shall be entitled to enforce this Release of Claims in this Agreementaccordance with its terms. (i) Employee does not 11. With respect to the matters herein stated as the subject of release, I do hereby waive and relinquish any and all rights or claims that which I may arise after have under the date this Agreement is signed belowlaws of the State of Arizona. (j) 12. This Agreement Release of Claims shall bebe governed, construed, interpreted and enforced in all casesaccordance with the substantive laws of the State of Arizona, construed as a whole according without reference to its fair meaningthe principles of conflicts of law of Arizona or any other jurisdiction, and not strictly for or against any where applicable, the laws of the PartiesUnited States. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and The Executive represents, warrants and intends for the Company to rely upon the following in entering the Agreement: covenants that (a) Employee the Executive has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing read and understands this Agreement, Employee hereby waives the right to recover monetary damages is fully aware of its legal effect, has not acted in reliance upon any proceeding that (1) Employee may bring before the EEOC representations or any state or local human rights commission or (2) may be brought promises made by the EEOC or any state or local human rights commission by or Company other than those contained in writing herein and has entered into this Agreement freely based on Employee’s behalf. the Executive's own judgment, (b) Employee understands that she isthe Executive has the full right, by entering authority and capacity to enter into this Agreement and perform the Executive's obligations hereunder, (c) the Executive is not bound by any agreement that conflicts with or prevents or restricts the full performance of the Executive's duties and obligations to the Company hereunder during or after the Term and (d) the execution and delivery of this Agreement shall not result in any breach or violation of, or a default under, any existing obligation, commitment or agreement to which the Executive is subject. [signature page follows] The parties have executed this Agreement as of the date first written above. [Signature Page to Xxxxxx Xxxxxxxx Amended and Restated Employment Agreement] This Release of Claims is provided by me, releasing the undersigned, pursuant to the Amended and Restated Employment Agreement between me and Xxxxxx Xxxxxxxx, Inc., dated as of June 15, 2018 (the "Employment Agreement"). All capitalized terms used in this Release of Claims, but not defined herein, shall have the meaning ascribed to those terms in the Employment Agreement. 1. In consideration of the pay and benefits to be provided to me in connection with the termination of my employment, as set forth in Section 5(a)(v) [and (b)]/[and (c)]1of the Employment Agreement (the "Severance Payments"), which are conditioned upon my signing (and not revoking) this Release of Claims and to which I am not otherwise entitled, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on my own behalf and on behalf of my heirs, executors, beneficiaries and personal representatives, successors and assigns, and all others connected with or claiming through me (collectively, the "Releasors"), hereby release and forever discharge the Company and TMHC, and their subsidiaries and other Affiliates and all of their respective past, present and future officers, directors, shareholders, parents, employees, agents, general and limited partners, members, managers, joint venturers, trustees, employee benefit plans and their administrators and fiduciaries, representatives, agents, predecessors, successors and assigns, and all others connected with any of them, both individually and in their official capacities (collectively, the "Released Parties, including the CompanyPatties"), from any and all causes of action, rights and claims, of any nature or type, known or unknown, fixed or contingent, in law or in equity, which I have had in the past, now have, or might now have, through the date of my signing of this Release of Claims, including, but not limited to, any such causes of action, rights or claims she hasin any way resulting from, had arising out of or may ever have against them under connected with my employment by or other relationship with the Released Parties or the termination of that employment and/or relationship or pursuant to any federal, state or local lawslaw, which have arisen on regulation or before other requirement (including, without limitation, Title VII of the execution date Civil Rights Act of this Agreement. (c) Employee understands that she is1964, by entering into this Agreement, waiving all claims that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act ("ADEA," a law which prohibits discrimination on the basis of 1967age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Worker Adjustment Retraining and Notification Act and similar state laws, the Equal Pay Act, the Fair Labor Standards Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Xxxxxxxx-Xxxxx Act of 2002, the Arizona Wage Act, the Arizona Equal Pay Act, the Arizona Employment Protection Act, the Arizona Civil Rights Act, the Arizona Occupational Health and Safety Act, the Arizona Right to Work Act, the Arizona Drug Testing of Employees Act, the Arizona Medical Marijuana Act, the Arizona criminal code, the Americans with Disabilities Act, and any other federal, state and local laws relating to discrimination on the basis of age, sex or other protected class, express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys' fees and costs, each as amended from time to time); provided, that nothing herein shall release any claim arising after the effective date of the termination of my employment. 1 To be updated, as amended, which have arisen on or before applicable. Excluded from the execution date scope of this Agreement. Release of Claims are: (di) Employee agrees any rights of indemnification or contribution that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure I have pursuant to Section 8 of the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Employment Agreement, and has carefully read and fully understands all the articles of incorporation or by-laws of the provisions and effects of this Agreement. (f) Employee has beenCompany, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company TMHC or any of their subsidiaries, (ii) any right I have to the other Released PartiesSeverance Payments, other than those (iii) vested rights to benefits under employee benefit plans of the Company, TMHC or their subsidiaries and (iv) rights that are specifically stated in this Agreementcannot be released as a matter of law (collectively, "Unreleased Claims"). (i) Employee does not waive rights 2. I acknowledge and agree that this Release of Claims may be pleaded as a full defense to any action, suit, arbitration or claims that other proceeding covered by the terms hereof which is or may arise after be initiated by any of the date this Agreement is signed belowReleasors. (j) This Agreement shall be3. I acknowledge that neither I nor any of the Releasors has filed any complaint, in all casescharge, construed as a whole according to its fair meaning, and not strictly for claim or proceeding against any of the Released Parties before any local, state, federal or foreign agency, court, arbitrator, mediator, arbitration or mediation panel or other body (each individually, a "Proceeding"). I represent that I am not aware of any basis on which such a Proceeding could reasonably be instituted, except as I have expressly disclosed to the Company in writing. I (i) acknowledge that I shall not initiate or cause to be initiated on my behalf, and shall not participate in, any Proceeding (except with respect to an Unreleased Claim), except as required by law, and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission ("EEOC"). Further, I understand that, by executing this Release of Claims, I shall be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Released Parties. Notwithstanding the above, nothing in Section 1 of this Release of Claims shall prevent me from (a) initiating or causing to be initiated on my behalf any complaint, charge, claim or proceeding against the Company before any local, state or federal agency, court or other body challenging the validity of the waiver of my claims under ADEA contained in Section I of this Release of Claims (but no other portion of such waiver), or (b) initiating or participating in an investigation or proceeding conducted by the EEOC. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. In connection with the issuance of the Performance Restricted Shares, Employee expressly acknowledges and represents, and intends for represents the Company to rely upon the following in entering the Agreementfollowing: (a) Employee hereby acknowledges that Employee has not filed any complaintsbeen informed that, claims or actions against with respect to the Company or any issuance of the other Released Parties with any courtPerformance Restricted Shares, agency, or commission regarding the matters encompassed by this Agreement and, by executing this Agreement, Employee hereby waives the right to recover monetary damages in any proceeding that (1) Employee may bring before the EEOC or any state or local human rights commission or (2) an election may be brought filed by Employee with the EEOC or any state or local human rights commission by or Internal Revenue Service, within thirty (30) days of the issuance of such Performance Restricted Shares, electing pursuant to Section 83(b) of the Internal Revenue Code of 1986, as amended (the “Code”), to be taxed currently on the fair market value of such Shares on the date of purchase. Employee acknowledges that Employee has sought the advice of Employee’s behalfown tax advisors in connection with the issuance of the Performance Restricted Shares and the advisability of filing of such election under Section 83(b) of the Code. EMPLOYEE ACKNOWLEDGES THAT IT IS EMPLOYEE’S SOLE RESPONSIBILITY TO FILE TIMELY THE ELECTION UNDER SECTION 83(b) AND THAT NEITHER THE COMPANY NOR ANY DIRECT OR INDIRECT SUBSIDIARY OF THE COMPANY HAS ANY OBLIGATIONS WITH RESPECT THERETO. (b) Employee has reviewed with Employee’s own tax advisors, the federal, state, local and foreign tax consequences of this Agreement and the transactions contemplated hereby. Employee is relying solely on such advisors and not on any statements or representations of the Company or any of its agents. Employee understands that she is, by entering into this Agreement, releasing the Released Parties, including Employee (and not the Company, from any and all claims she has, had or ) shall be responsible for Employee’s own tax liability that may ever have against them under federal, state or local laws, which have arisen on or before the execution date arise as a result of this AgreementAgreement and the transactions contemplated hereby. (c) Employee understands that she ishas received, by entering into this Agreement, waiving all claims that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the execution date of this Agreement. (d) Employee agrees that read and understood this Agreement shall and the Incentive Plan and agrees to abide by and be binding on her bound by their respective terms and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of her heirs, administrators, representatives, executors, successors and assignsconditions. (e) Employee has reviewed all aspects of this Agreement, and has carefully read and fully understands all of the provisions and effects of this Agreement. (f) Employee has been, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company or any of the other Released Parties, other than those that are specifically stated in this Agreement. (i) Employee does not waive rights or claims that may arise after the date this Agreement is signed below. (j) This Agreement shall be, in all cases, construed as a whole according to its fair meaning, and not strictly for or against any of the Parties. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and represents, and intends for the Company to rely upon the following in entering the Agreementhis or her representations that he or she: (a1) Employee has Has not filed any complaints, claims or actions against the Company or any of the other Released Parties Party with any court, agency, or commission regarding the matters encompassed by this Agreement andand that he or she will not do so at any time in the future, by executing and that if any court or agency assumes jurisdiction of any complaint, claim or action against any Released Party on behalf of Employee, he will direct that court or agency to withdraw from or dismiss with prejudice the matter. The provisions of this Agreement, Employee hereby waives Section 7(1) are subject to the right to recover monetary damages in any proceeding that (1) Employee may bring before the EEOC or any state or local human rights commission or provisions of Section 4 and Section 15. (2) may be brought by the EEOC Has not assigned, sold, delivered, transferred or conveyed any state claims or local human rights commission by or on Employee’s behalfthat are released in this Agreement. (b3) Has been paid in full for all work performed for Anadarko (subject to receipt of Employee’s final pay for work up through the Termination Date), has been provided all leaves (paid or unpaid) to which Employee understands was entitled during Employee’s employment with Anadarko (subject to payment for unused PTO existing as of the Termination Date and payment of partial PTO for the year following termination of employment under Company policy for retirees), and has not incurred any work-related injuries which Employee has failed to report to Anadarko in compliance with applicable policy. (4) Understands that he or she is, by entering into this Agreement, releasing the Released Parties, including the Company, from any and all claims he or she has, had or may ever have against them under federal, state state, or local laws, which have arisen on or before the date of execution date of this Agreement. (c5) Employee understands Understands that he or she is, by entering into this Agreement, waiving all claims that he or she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act of 1967, as amendedamended by the Older Worker Benefit Protection Act (“OWBPA”) (i.e., 29 USC § 621 et seq.) (the “ADEA”), which have arisen on or before the date of execution date of this Agreement. (d6) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has Has reviewed all aspects of this Agreement, and has carefully read and fully understands all of the provisions and effects of this Agreement. (f7) Employee has Has been, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is 8) Is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon his or her own judgment and, if applicable, the advice of his or her own attorney in entering into this Agreement. (h9) Employee is Is not relying upon any representations, promises, predictions, projections projections, or statements made by or on behalf of the Company or any of the other Released PartiesParty, other than those that are specifically stated in this written Agreement. (i10) Employee does Does not waive rights or claims that may arise after the date this Agreement is signed belowsigned. (j11) This Agreement shall be, in all cases, construed as a whole according to its fair meaning, and not strictly for or against any of the Parties. (k) Employee will Will receive payment of consideration under this Agreement beyond that is beyond what which Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and The Executive represents, warrants and intends for the Company to rely upon the following in entering the Agreement: covenants that (a) Employee the Executive has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing read and understands this Agreement, Employee hereby waives the right to recover monetary damages is fully aware of its legal effect, has not acted in reliance upon any proceeding that (1) Employee may bring before the EEOC representations or any state or local human rights commission or (2) may be brought promises made by the EEOC or any state or local human rights commission by or Company other than those contained in writing herein and has entered into this Agreement freely based on Employeethe Executive’s behalf. own judgment, (b) Employee understands that she isthe Executive has the full right, by entering authority and capacity to enter into this Agreement and perform the Executive’s obligations hereunder, (c) the Executive is not bound by any agreement that conflicts with or prevents or restricts the full performance of the Executive’s duties and obligations to the Company hereunder during or after the Term and (d) the execution and delivery of this Agreement shall not result in any breach or violation of, or a default under, any existing obligation, commitment or agreement to which the Executive is subject. [signature page follows] The parties have executed this Agreement as of the date first written above. By: /s/Xxxxxx Xxxxxx Name: Xxxxxx Xxxxxx Title: CEO By: /s/Xxxx XxxXxxxx Name: Xxxx XxxXxxxx This Release of Claims is provided by me, the undersigned, pursuant to the Amended and Restated Employment Agreement between me and Xxxxxx Xxxxxxxx, Inc., dated as of July 24, 2023 (the “Employment Agreement”). All capitalized terms used in this Release of Claims, releasing but not defined herein, shall have the meaning ascribed to those terms in the Employment Agreement. 1. In consideration of the pay and benefits to be provided to me in connection with the termination of my employment, as set forth in Section 5(a)(v) [and (b)] of the Employment Agreement (the “Severance Payments”), which are conditioned upon my signing (and not revoking) this Release of Claims and to which I am not otherwise entitled, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on my own behalf and on behalf of my heirs, executors, beneficiaries and personal representatives, successors and assigns, and all others connected with or claiming through me (collectively, the “Releasors”), hereby release and forever discharge the Company and TMHC, and their subsidiaries and other Affiliates and all of their respective past, present and future officers, directors, shareholders, parents, employees, agents, general and limited partners, members, managers, joint venturers, trustees, employee benefit plans and their administrators and fiduciaries, representatives, agents, predecessors, successors and assigns, and all others connected with any of them, both individually and in their official capacities (collectively, the “Released Parties, including the Company”), from any and all causes of action, rights and claims, of any nature or type, known or unknown, fixed or contingent, in law or in equity, which I have had in the past, now have, or might now have, through the date of my signing of this Release of Claims, including, but not limited to, any such causes of action, rights or claims she hasin any way resulting from, had arising out of or may ever have against them under connected with my employment by or other relationship with the Released Parties or the termination of that employment and/or relationship or pursuant to any federal, state or local lawslaw, which have arisen on regulation or before other requirement (including, without limitation, Title VII of the execution date Civil Rights Act of this Agreement. (c) Employee understands that she is1964, by entering into this Agreement, waiving all claims that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act (“ADEA,” a law which prohibits discrimination on the basis of 1967age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Worker Adjustment Retraining and Notification Act and similar state laws, the Equal Pay Act, the Fair Labor Standards Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Xxxxxxxx-Xxxxx Act of 2002, the Arizona Wage Act, the Arizona Equal Pay Act, the Arizona Employment Protection Act, the Arizona Civil Rights Act, the Arizona Occupational Health and Safety Act, the Arizona Right to Work Act, the Arizona Drug Testing of Employees Act, the Arizona Medical Marijuana Act, the Arizona criminal code, the Americans with Disabilities Act, and any other federal, state and local laws relating to discrimination on the basis of age, sex or other protected class, express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys’ fees and costs, each as amendedamended from time to time); provided, which have arisen on or before that nothing herein shall release any claim arising after the execution effective date of the termination of my employment. Excluded from the scope of this Release of Claims are: (i) any rights of indemnification or contribution that I have pursuant to Section 8 of the Employment Agreement, the articles of incorporation or by-laws of the Company, TMHC or any of their subsidiaries, (ii) any right I have to the Severance Payments, (iii) vested rights to benefits under employee benefit plans of the Company, TMHC or their subsidiaries and (iv) rights that cannot be released as a matter of law (collectively, “Unreleased Claims”). (d) Employee agrees 2. I acknowledge and agree that this Agreement Release of Claims may be pleaded as a full defense to any action, suit, arbitration or other proceeding covered by the terms hereof which is or may be initiated by any of the Releasors. 3. I acknowledge that neither I nor any of the Releasors has filed any complaint, charge, claim or proceeding against any of the Released Parties before any local, state, federal or foreign agency, court, arbitrator, mediator, arbitration or mediation panel or other body (each individually, a “Proceeding”). I represent that I am not aware of any basis on which such a Proceeding could reasonably be instituted, except as I have expressly disclosed to the Company in writing. I (i) acknowledge that I shall not initiate or cause to be binding initiated on her and her heirs, administrators, representatives, executors, successors, and assignsmy behalf, and shall inure not participate in, any Proceeding (except with respect to an Unreleased Claim), except as required by law, and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”). Further, I understand that, by executing this Release of Claims, I shall be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Released Parties. Notwithstanding the above, nothing in Section 1 of this Release of Claims shall prevent me from (a) initiating or causing to be initiated on my behalf any complaint, charge, claim or proceeding against the Company before any local, state or federal agency, court or other body challenging the validity of the waiver of my claims under ADEA contained in Section 1 of this Release of Claims (but no other portion of such waiver), or (b) initiating or participating in an investigation or proceeding conducted by the EEOC. 4. I represent and warrant that I have returned to the benefit Company any and all Confidential Information and other property of her heirsthe Company and its Affiliates that I had in my possession, administratorscustody or control on the date my employment with the Company terminated and that I have retained no such property. Without limiting the foregoing, representativesI also represent and warrant that I have retained no copy of any such documents, executors, successors and assignsmaterials or information. (e) Employee has reviewed all aspects 5. In signing this Release of Claims, I acknowledge that I have had a reasonable amount of time to consider the terms of this AgreementRelease of Claims and that I am signing this Release of Claims voluntarily and with a full understanding of its terms. I acknowledge my understanding that I may not sign this Release of Claims prior to the termination of my employment, and has carefully read and fully understands all of but that I may consider the provisions and effects terms of this Agreement. Release of Claims for up to [twenty-one (f21)][forty-five (45)] days (or such longer period as the Company may specify in order to render this Release of Claims fully effective) Employee has beenfrom the date I receive this Release of Claims. I also acknowledge that I am advised by the Company, TMHC and is herebytheir Affiliates to seek the advice of an attorney prior to signing this Release of Claims and that I have, advised in writing fact, consulted with an attorney prior to signing this Release of Claims; that I have had sufficient time to consider this Release of Claims and to consult with an attorney attorney, if I wished to do so, or to consult with any other person of her own choice my choosing before signing; and that I am signing this AgreementRelease of Claims voluntarily and with a full understanding of its terms. 6. I further acknowledge that, in signing this Release of Claims, I have not relied on any promises or representations, express or implied, that are not set forth expressly herein. I understand that I may revoke this Release of Claims at any time within seven (g7) Employee days of the date of my signing by written notice to the Company in accordance with Section 15 of the Employment Agreement and that neither the Company nor any other person is knowingly obligated to provide any of the Severance Payments to me until eight (8) days have passed since my signing of this Release of Claims without my having revoked this Release of Claims. If I revoke this Release of Claims, I shall be deemed not to have accepted the terms of this Release of Claims, and voluntarily entering into no action shall be required of any of the Released Parties under any section of this Release of Claims. 7. I acknowledge and agree that I continue to be bound by the provisions of Sections 6, 7, and 9 of the Employment Agreement, which shall survive my termination of employment with the Company and has relied solely remain in full force and completely upon her own judgment effect in accordance with their terms. On the date of my termination, the Company hereby agrees to use reasonable efforts to advise its executive officers not to make any statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, regarding me that are disparaging or damaging to my reputation. 8. This Release of Claims does not constitute an admission of liability or wrongdoing of any kind by the Company or me. 9. In accordance with Section 4(c) of the Employment Agreement, I hereby resign from all positions on the Board and all committees thereof (and, if applicable, from the advice board of her own attorney directors or similar governing bodies (and all committees thereof) of all other Affiliates of the Company) and from all other positions and offices that I hold with the Company and its subsidiaries and Affiliates. I agree to promptly execute such further documents as the Company, in entering into this Agreementits sole discretion, shall reasonably deem necessary to effect the foregoing. (h) Employee is not relying 10. The provisions of this Release of Claims shall be binding upon any representationsmy heirs, promisesexecutors, predictionsadministrators, projections or statements made by or on behalf legal representatives and assigns. A failure of the Company or any of the Released Parties to insist on strict compliance with any provision of this Release of Claims shall not be deemed a waiver of such provision or any other provision hereof. If any provision of this Release of Claims is determined to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable, and in the event that any provision is determined to be entirely unenforceable, such provision shall be deemed severable, such that all other provisions of this Release of Claims shall remain valid and binding upon me. For the avoidance of doubt, each of the Released Parties, other than those that are specifically stated Parties shall be a third-party beneficiary to this Release of Claims and shall be entitled to enforce this Release of Claims in this Agreementaccordance with its terms. (i) Employee does not 11. With respect to the matters herein stated as the subject of release, I do hereby waive and relinquish any and all rights or claims that which I may arise after have under the date this Agreement is signed belowlaws of the State of Arizona. (j) 12. This Agreement Release of Claims shall bebe governed, construed, interpreted and enforced in all casesaccordance with the substantive laws of the State of Arizona, construed as a whole according without reference to its fair meaningthe principles of conflicts of law of Arizona or any other jurisdiction, and not strictly for or against any where applicable, the laws of the PartiesUnited States. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and The Executive represents, warrants and intends for the Company to rely upon the following in entering the Agreement: covenants that (a) Employee the Executive has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing read and understands this Agreement, Employee hereby waives the right to recover monetary damages is fully aware of its legal effect, has not acted in reliance upon any proceeding that (1) Employee may bring before the EEOC representations or any state or local human rights commission or (2) may be brought promises made by the EEOC or any state or local human rights commission by or Company other than those contained in writing herein and has entered into this Agreement freely based on Employeethe Executive’s behalf. own judgment, (b) Employee understands that she isthe Executive has the full right, by entering authority and capacity to enter into this Agreement and perform the Executive’s obligations hereunder, (c) the Executive is not bound by any agreement that conflicts with or prevents or restricts the full performance of the Executive’s duties and obligations to the Company hereunder during or after the Term and (d) the execution and delivery of this Agreement shall not result in any breach or violation of, or a default under, any existing obligation, commitment or agreement to which the Executive is subject. The parties have executed this Agreement as of the date first written above. By: /s/ Sxxxxx X. Xxxxxx Sxxxxx X. Xxxxxx Chairman of the Board of Directors and Chief Executive Officer (Principal Executive Officer) By: : /s/ Lxxxx Xxxxxxxx This Release of Claims is provided by me, the undersigned, pursuant to the Amended and Restated Employment Agreement between me and Txxxxx Xxxxxxxx, Inc., dated as of April 25, 2023 (the “Employment Agreement”). All capitalized terms used in this Release of Claims, releasing but not defined herein, shall have the meaning ascribed to those terms in the Employment Agreement. 1. In consideration of the pay and benefits to be provided to me in connection with the termination of my employment, as set forth in Section 5(a)(v) [and (b)] of the Employment Agreement (the “Severance Payments”), which are conditioned upon my signing (and not revoking) this Release of Claims and to which I am not otherwise entitled, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on my own behalf and on behalf of my heirs, executors, beneficiaries and personal representatives, successors and assigns, and all others connected with or claiming through me (collectively, the “Releasors”), hereby release and forever discharge the Company and TMHC, and their subsidiaries and other Affiliates and all of their respective past, present and future officers, directors, shareholders, parents, employees, agents, general and limited partners, members, managers, joint venturers, trustees, employee benefit plans and their administrators and fiduciaries, representatives, agents, predecessors, successors and assigns, and all others connected with any of them, both individually and in their official capacities (collectively, the “Released Parties, including the Company”), from any and all causes of action, rights and claims, of any nature or type, known or unknown, fixed or contingent, in law or in equity, which I have had in the past, now have, or might now have, through the date of my signing of this Release of Claims, including, but not limited to, any such causes of action, rights or claims she hasin any way resulting from, had arising out of or may ever have against them under connected with my employment by or other relationship with the Released Parties or the termination of that employment and/or relationship or pursuant to any federal, state or local lawslaw, which have arisen on regulation or before other requirement (including, without limitation, Title VII of the execution date Civil Rights Act of this Agreement. (c) Employee understands that she is1964, by entering into this Agreement, waiving all claims that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act (“ADEA,” a law which prohibits discrimination on the basis of 1967age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Worker Adjustment Retraining and Notification Act and similar state laws, the Equal Pay Act, the Fair Labor Standards Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Sxxxxxxx-Xxxxx Act of 2002, the Arizona Wage Act, the Arizona Equal Pay Act, the Arizona Employment Protection Act, the Arizona Civil Rights Act, the Arizona Occupational Health and Safety Act, the Arizona Right to Work Act, the Arizona Drug Testing of Employees Act, the Arizona Medical Marijuana Act, the Arizona criminal code, the Americans with Disabilities Act, and any other federal, state and local laws relating to discrimination on the basis of age, sex or other protected class, express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys’ fees and costs, each as amendedamended from time to time); provided, which have arisen on or before that nothing herein shall release any claim arising after the execution effective date of the termination of my employment. Excluded from the scope of this Release of Claims are: (i) any rights of indemnification or contribution that I have pursuant to Section 8 of the Employment Agreement, the articles of incorporation or by-laws of the Company, TMHC or any of their subsidiaries, (ii) any right I have to the Severance Payments, (iii) vested rights to benefits under employee benefit plans of the Company, TMHC or their subsidiaries and (iv) rights that cannot be released as a matter of law (collectively, “Unreleased Claims”). (d) Employee agrees 2. I acknowledge and agree that this Agreement Release of Claims may be pleaded as a full defense to any action, suit, arbitration or other proceeding covered by the terms hereof which is or may be initiated by any of the Releasors. 3. I acknowledge that neither I nor any of the Releasors has filed any complaint, charge, claim or proceeding against any of the Released Parties before any local, state, federal or foreign agency, court, arbitrator, mediator, arbitration or mediation panel or other body (each individually, a “Proceeding”). I represent that I am not aware of any basis on which such a Proceeding could reasonably be instituted, except as I have expressly disclosed to the Company in writing. I (i) acknowledge that I shall not initiate or cause to be binding initiated on her and her heirs, administrators, representatives, executors, successors, and assignsmy behalf, and shall inure not participate in, any Proceeding (except with respect to an Unreleased Claim), except as required by law, and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”). Further, I understand that, by executing this Release of Claims, I shall be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Released Parties. Notwithstanding the above, nothing in Section 1 of this Release of Claims shall prevent me from (a) initiating or causing to be initiated on my behalf any complaint, charge, claim or proceeding against the Company before any local, state or federal agency, court or other body challenging the validity of the waiver of my claims under ADEA contained in Section 1 of this Release of Claims (but no other portion of such waiver), or (b) initiating or participating in an investigation or proceeding conducted by the EEOC. 4. I represent and warrant that I have returned to the benefit Company any and all Confidential Information and other property of her heirsthe Company and its Affiliates that I had in my possession, administratorscustody or control on the date my employment with the Company terminated and that I have retained no such property. Without limiting the foregoing, representativesI also represent and warrant that I have retained no copy of any such documents, executors, successors and assignsmaterials or information. (e) Employee has reviewed all aspects 5. In signing this Release of Claims, I acknowledge that I have had a reasonable amount of time to consider the terms of this AgreementRelease of Claims and that I am signing this Release of Claims voluntarily and with a full understanding of its terms. I acknowledge my understanding that I may not sign this Release of Claims prior to the termination of my employment, and has carefully read and fully understands all of but that I may consider the provisions and effects terms of this Agreement. Release of Claims for up to [twenty-one (f21)][forty-five (45)] days (or such longer period as the Company may specify in order to render this Release of Claims fully effective) Employee has beenfrom the date I receive this Release of Claims. I also acknowledge that I am advised by the Company, TMHC and is herebytheir Affiliates to seek the advice of an attorney prior to signing this Release of Claims and that I have, advised in writing fact, consulted with an attorney prior to signing this Release of Claims; that I have had sufficient time to consider this Release of Claims and to consult with an attorney attorney, if I wished to do so, or to consult with any other person of her own choice my choosing before signing; and that I am signing this AgreementRelease of Claims voluntarily and with a full understanding of its terms. 6. I further acknowledge that, in signing this Release of Claims, I have not relied on any promises or representations, express or implied, that are not set forth expressly herein. I understand that I may revoke this Release of Claims at any time within seven (g7) Employee days of the date of my signing by written notice to the Company in accordance with Section 15 of the Employment Agreement and that neither the Company nor any other person is knowingly obligated to provide any of the Severance Payments to me until eight (8) days have passed since my signing of this Release of Claims without my having revoked this Release of Claims. If I revoke this Release of Claims, I shall be deemed not to have accepted the terms of this Release of Claims, and voluntarily entering into no action shall be required of any of the Released Parties under any section of this Release of Claims. 7. I acknowledge and agree that I continue to be bound by the provisions of Sections 6, 7, and 9 of the Employment Agreement, which shall survive my termination of employment with the Company and has relied solely remain in full force and completely upon her own judgment effect in accordance with their terms. On the date of my termination, the Company hereby agrees to use reasonable efforts to advise its executive officers not to make any statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, regarding me that are disparaging or damaging to my reputation. 8. This Release of Claims does not constitute an admission of liability or wrongdoing of any kind by the Company or me. 9. In accordance with Section 4(c) of the Employment Agreement, I hereby resign from all positions on the Board and all committees thereof (and, if applicable, from the advice board of her own attorney directors or similar governing bodies (and all committees thereof) of all other Affiliates of the Company) and from all other positions and offices that I hold with the Company and its subsidiaries and Affiliates. I agree to promptly execute such further documents as the Company, in entering into this Agreementits sole discretion, shall reasonably deem necessary to effect the foregoing. (h) Employee is not relying 10. The provisions of this Release of Claims shall be binding upon any representationsmy heirs, promisesexecutors, predictionsadministrators, projections or statements made by or on behalf legal representatives and assigns. A failure of the Company or any of the Released Parties to insist on strict compliance with any provision of this Release of Claims shall not be deemed a waiver of such provision or any other provision hereof. If any provision of this Release of Claims is determined to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable, and in the event that any provision is determined to be entirely unenforceable, such provision shall be deemed severable, such that all other provisions of this Release of Claims shall remain valid and binding upon me. For the avoidance of doubt, each of the Released Parties, other than those that are specifically stated Parties shall be a third-party beneficiary to this Release of Claims and shall be entitled to enforce this Release of Claims in this Agreementaccordance with its terms. (i) Employee does not 11. With respect to the matters herein stated as the subject of release, I do hereby waive and relinquish any and all rights or claims that which I may arise after have under the date this Agreement is signed belowlaws of the State of Arizona. (j) 12. This Agreement Release of Claims shall bebe governed, construed, interpreted and enforced in all casesaccordance with the substantive laws of the State of Arizona, construed as a whole according without reference to its fair meaningthe principles of conflicts of law of Arizona or any other jurisdiction, and not strictly for or against any where applicable, the laws of the PartiesUnited States. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and represents, and intends for the Company to rely upon the following in entering the Agreement: (a) The Employee has not filed any complaints, claims or actions against represents and warrants to the Company that neither the execution or any delivery of this Agreement by the Employee nor the performance by the Employee of the Employee’s obligations hereunder, shall constitute a default under or a breach of the terms of any other Released Parties with any courtagreement, agencycontract, or commission regarding other arrangement, whether written or oral, to which the matters encompassed Employee is a party or by which the Employee is bound, nor shall the execution or delivery of this Agreement andby the Employee nor the performance by the Employee of his duties and obligations hereunder give rise to any claim or charge against either the Employee or the Company, based upon any other contract or other arrangement, whether written or oral, to which the Employee is a party or by executing which the Employee is bound. Except as contained in a written agreement provided by Employee to the Company, the Employee further represents and warrants to the Company that he is not a party to or subject to any restrictive covenants, legal restrictions, or other agreement, contract, or arrangement, whether written or oral, in favor of any entity or person which would in any way preclude, inhibit, impair, or limit the Employee’s ability to perform his obligations under this Agreement, Employee hereby waives including, but not limited to, non-competition agreements or non-solicitation agreements, provided that the right the foregoing representation is limited by restrictions on disclosure of confidential information of Novartis which, to recover monetary damages in any proceeding that (1) Employee may bring before the EEOC or any state or local human rights commission or (2) may be brought by the EEOC or any state or local human rights commission by or on best of Employee’s behalfknowledge will not unresonably inhibit, impair, or limit the Employee’s ability to perform his obligations under this Agreement. (b) The Employee understands represents and warrants that she isduring the Term, by entering into this Agreementthe Employee will not (i) take on employment or consulting positions for third parties or engage in recreational activities that would in any way pose a conflict of interest with the Employment, releasing nor will the Released Parties, including Employee (ii) become party to an Agreement which would in any way limit the Company, from any and all claims she has, had or may ever have against them under federal, state or local laws, which have arisen on or before Employee’s ability to perform the execution date of Employee’s obligations pursuant to this Agreement. (c) The Employee understands hereby acknowledges that she is, by entering into this Agreement, waiving all claims the Employee’s signing of the Non-Disclosure and Non-Competition Agreement attached hereto as Schedule A (the “NDNC”) constitutes a precondition of the Employment. The Employee further affirms that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the execution date terms of this AgreementAgreement and the NDNC constitute the entire understanding of the Parties with respect to the subject matter hereof and supersede any previous understanding or agreement, whether oral or written, between the Parties. (d) The Employee agrees acknowledges that this Agreement shall be binding on her the Employee has been advised to obtain independent counsel to evaluate the terms, conditions and her heirs, administrators, representatives, executors, successors, covenants herein set forth and assigns, the Employee has been afforded ample opportunity to obtain such independent advice and shall inure evaluation. The Employee warrants to the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Company that the Employee has reviewed all aspects of this Agreementrelied upon such independent counsel and not upon any representation (legal or otherwise), and has carefully read and fully understands all of statement, or advice said or offered by the provisions and effects of Company or the Company’s counsel in connection with this Agreement. (f) Employee has been, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company or any of the other Released Parties, other than those that are specifically stated in this Agreement. (i) Employee does not waive rights or claims that may arise after the date this Agreement is signed below. (j) This Agreement shall be, in all cases, construed as a whole according to its fair meaning, and not strictly for or against any of the Parties. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and represents, and intends As an inducement for the Company to rely upon the following in entering the enter into this Agreement, Employee hereby represents, warrants and covenants as follows: (a) Employee has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing this Agreement, Employee hereby waives the right to recover monetary damages in any proceeding that (1) Employee may bring before the EEOC or any state or local human rights commission or (2) may be brought by the EEOC or any state or local human rights commission by or on Employee’s behalf. (b) Employee understands that she is, by entering into this Agreement, releasing the Released Parties, including the Company, from any and all claims she has, had or may ever have against them under federal, state or local laws, which have arisen on or before the execution date of this Agreement. (c) Employee understands that she is, by entering into this Agreement, waiving all claims that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the execution date of this Agreement. (d) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Agreement, and has carefully read and fully understands all of the provisions and effects of this Agreement; (b) Is through this Agreement, releasing each member of the Company Group and each such member’s officers, agents, directors, supervisors, employees, representatives, successors and assigns and all persons acting by, through, under, or in concert with any of them from any and all claims Employee may have against any member of the Company Group or such individuals, including those under the Age Discrimination in Employment Act of 1967 (29 U.S.C. §621, et seq.), except as specified herein; (c) Employee knowingly and voluntarily agrees to all of the terms set forth in this Agreement; (d) Employee knowingly and voluntarily intends to be legally bound by the terms set forth in this Agreement; (e) Employee agrees not to disclose the terms of this Agreement to anyone except Employee’s attorney, financial and other professional advisors, the IRS or other taxing authorities, or Employee’s immediate family (spouse, children, siblings, parents) (collectively; “Representatives”), or as required by law, or in response to any inquiry from any judicial, governmental, regulatory, or self-regulatory agency or organization. To the extent Employee discloses the terms of this Agreement to any permitted Representative, Employee agrees to advise them that they must not disclose the terms of this Agreement. Employee agrees to be responsible for any breach of this Agreement by his Representatives and agrees to take any and all action necessary to enforce compliance with the terms of this Agreement by his Representatives. (f) Within three (3) days following execution of this Agreement or on the actual Separation Date, whichever occurs last, Employee has beenshall return to the Company all items of Company Group property which the Employee may still have in Employee’s possession, custody or control, including without any limitation whatsoever: all identification cards, credit cards, customer and is herebyvendor files or any other Company Group files, advised records, materials or information produced by, for or relating to the Company Group, its business, Employee’s job duties or functions, or any customer or vendor; all keys (in writing any form) to consult any Company Group office building, employee office, filing cabinet, desk or other key; all cell phones, pagers or other electronic devices or items of tangible personal property; all computer software; the Microsoft Surface laptop or other computer previously issued to Employee by any member of the Company Group, together with an attorney any and all passwords and/or passcodes to any of her own choice before signing this Agreementthe items described above. The Company will pay Employee Two Thousand Dollars ($2,000) to assist in Employee’s purchase of a replacement laptop computer and will allow Employee to keep the remaining associated computer hardware (i.e. docking station, desk monitors (2), speakers, cabling and input devices). (g) Further, Employee represents and warrants to the Company Group as follows: (1) the financial information of any member of the Company Group that Employee is knowingly responsible for (if any) does not contain any untrue statement of a fact or omit a statement of fact making the information misleading; (2) no events have occurred since the end of the most recent reporting period and voluntarily entering into up through the date of this AgreementAgreement that would require adjustment to the financial information of any member for the Company Group that Employee is responsible for (if any); (3) during Employee’s employment by any member of the Company Group, the Parent’s Ethics Hotline was made available to Employee and to Employee’s department, and during such time, Employee did not have any complaints or concerns (nor were any brought directly to Employee’s attention) regarding ethics or policy violations, or of fraud or the suspicion of fraud, involving management that have not been properly reported to a member of the Company Group; and (4) if an event of fraud or a suspicion of fraud, whether or not material, that involved management or other employees of any member of the Company Group occurred during Employee’s employment within five (5) years prior to the Separation Date, Employee has relied solely and completely upon her own judgment and, if applicable, disclosed said event or suspicion to the advice Internal Audit Department of her own attorney Parent or otherwise properly reported the matter in entering into this Agreementwriting to a member of the Company Group unless said event or suspicion was known by Employee to have been previously disclosed to the Internal Audit Department of Parent or otherwise properly reported in writing to a member of the Company Group by another Person. (h) Employee is not relying upon agrees that he will reasonably cooperate with any representations, promises, predictions, projections or statements made by or on behalf member of the Company Group and their counsel in any legal action or other claim against any member of the Company Group and any legal action or other Released Partiesclaim made by any member of the Company Group about which he may have particular knowledge or in which he may be a witness. Such cooperation includes meeting with representatives and counsel of any member of the Company Group to disclose facts; preparing with counsel of any member of the Company Group for depositions, trials, hearings or other than those that are specifically stated proceedings; attending depositions, trials, hearings or other proceedings to provide truthful testimony; and providing other assistance to any member of the Company Group and their counsel in any legal action or claim as may, in the judgment of counsel of any member of the Company Group, be necessary. The Company agrees to reimburse Employee for reasonable expenses incurred in the course of complying with this Agreement. (i) Employee does not waive rights or claims that may arise obligation of cooperation, and after the date Company’s obligation to pay Separation Pay and Additional Separation Pay has expired, if Employee is requested and/or required to devote more than 10 hours in a given month in the course of complying with this Agreement is signed belowobligation of cooperation, the Company agrees to compensate Employee for reasonable expenses incurred and for time devoted in excess of 10 hours per month at a reasonable hourly rate to be agreed upon by the parties. (j) This Agreement shall be, in all cases, construed as a whole according to its fair meaning, and not strictly for or against any of the Parties. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and The Executive represents, warrants and intends for the Company to rely upon the following in entering the Agreement: covenants that (a) Employee the Executive has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing read and understands this Agreement, Employee hereby waives the right to recover monetary damages is fully aware of its legal effect, has not acted in reliance upon any proceeding that (1) Employee may bring before the EEOC representations or any state or local human rights commission or (2) may be brought promises made by the EEOC or any state or local human rights commission by or Company other than those contained in writing herein and has entered into this Agreement freely based on Employee’s behalf. the Executive's own judgment, (b) Employee understands that she isthe Executive has the full right, by entering authority and capacity to enter into this Agreement and perform the Executive's obligations hereunder, (c) the Executive is not bound by any agreement that conflicts with or prevents or restricts the full performance of the Executive's duties and obligations to the Company hereunder during or after the Term and (d) the execution and delivery of this Agreement shall not result in any breach or violation of, or a default under, any existing obligation, commitment or agreement to which the Executive is subject. [signature page follows] The parties have executed this Agreement as of the date first written above. [Signature Page to Xxxxxx Xxxxxxxx Amended and Restated Employment Agreement] This Release of Claims is provided by me, releasing the undersigned, pursuant to the Amended and Restated Employment Agreement between me and Xxxxxx Xxxxxxxx, Inc., dated as of June 15, 2018 (the "Employment Agreement"). All capitalized terms used in this Release of Claims, but not defined herein, shall have the meaning ascribed to those terms in the Employment Agreement. 1. In consideration of the pay and benefits to be provided to me in connection with the termination of my employment, as set forth in Section 5(a)(v) [and (b)]1 of the Employment Agreement (the "Severance Payments"), which are conditioned upon my signing (and not revoking) this Release of Claims and to which I am not otherwise entitled, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on my own behalf and on behalf of my heirs, executors, beneficiaries and personal representatives, successors and assigns, and all others connected with or claiming through me (collectively, the "Releasors"), hereby release and forever discharge the Company and TMHC, and their subsidiaries and other Affiliates and all of their respective past, present and future officers, directors, shareholders, parents, employees, agents, general and limited partners, members, managers, joint venturers, trustees, employee benefit plans and their administrators and fiduciaries, representatives, agents, predecessors, successors and assigns, and all others connected with any of them, both individually and in their official capacities (collectively, the " Released Parties, including the Company"), from any and all causes of action, rights and claims, of any nature or type, known or unknown, fixed or contingent, in law or in equity, which I have had in the past, now have, or might now have, through the date of my signing of this Release of Claims, including, but not limited to, any such causes of action, rights or claims she hasin any way resulting from, had arising out of or may ever have against them under connected with my employment by or other relationship with the Released Parties or the termination of that employment and/or relationship or pursuant to any federal, state or local lawslaw, which have arisen on regulation or before other requirement (including, without limitation, Title VII of the execution date Civil Rights Act of this Agreement. (c) Employee understands that she is1964, by entering into this Agreement, waiving all claims that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act ("ADEA," a law which prohibits discrimination on the basis of 1967age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Worker Adjustment Retraining and Notification Act and similar state laws, the Equal Pay Act, the Fair Labor Standards Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Xxxxxxxx-Xxxxx Act of 2002, the Arizona Wage Act, the Arizona Equal Pay Act, the Arizona Employment Protection Act, the Arizona Civil Rights Act, the Arizona Occupational Health and Safety Act, the Arizona Right to Work Act, the Arizona Drug Testing of Employees Act, the Arizona Medical Marijuana Act, the Arizona criminal code, the Americans with Disabilities Act, and any other federal, state and local laws relating to discrimination on the basis of age, sex or other protected class, express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys' fees and costs, each as amended from time to time); provided, that nothing herein shall release any claim arising after the effective date of the termination of my employment. 1 To be updated, as amended, which have arisen on or before applicable. Excluded from the execution date scope of this Agreement. Release of Claims are: (di) Employee agrees any rights of indemnification or contribution that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure I have pursuant to Section 8 of the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Employment Agreement, and has carefully read and fully understands all the articles of incorporation or by-laws of the provisions and effects of this Agreement. (f) Employee has beenCompany, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company TMHC or any of their subsidiaries, (ii) any right I have to the other Released PartiesSeverance Payments, other than those (iii) vested rights to benefits under employee benefit plans of the Company, TMHC or their subsidiaries and (iv) rights that are specifically stated in this Agreementcannot be released as a matter of law (collectively, ''Unreleased Claims"). (i) Employee does not waive rights 2. I acknowledge and agree that this Release of Claims may be pleaded as a full defense to any action, suit, arbitration or claims that other proceeding covered by the terms hereof which is or may arise after be initiated by any of the date this Agreement is signed belowReleasors. (j) This Agreement shall be3. I acknowledge that neither I nor any of the Releasors has filed any complaint, in all casescharge, construed as a whole according to its fair meaning, and not strictly for claim or proceeding against any of the Released Parties before any local, state, federal or foreign agency, court, arbitrator, mediator, arbitration or mediation panel or other body (each individually, a "Proceeding"). I represent that I am not aware of any basis on which such a Proceeding could reasonably be instituted, except as I have expressly disclosed to the Company in writing. I (i) acknowledge that I shall not initiate or cause to be initiated on my behalf, and shall not participate in, any Proceeding (except with respect to an Unreleased Claim), except as required by law, and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission ("EEOC"). Further, I understand that, by executing this Release of Claims, I shall be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Released Parties. Notwithstanding the above, nothing in Section 1 of this Release of Claims shall prevent me from (a) initiating or causing to be initiated on my behalf any complaint, charge, claim or proceeding against the Company before any local, state or federal agency, court or other body challenging the validity of the waiver of my claims under ADEA contained in Section 1 of this Release of Claims (but no other portion of such waiver), or (b) initiating or participating in an investigation or proceeding conducted by the EEOC. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and represents, and intends for the Company to rely upon the following in entering the Agreement: (a) Employee has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing this Agreement, Employee hereby waives the right to recover monetary damages in any proceeding that (1) Employee may bring before the EEOC or any state or local human rights commission or (2) may be brought by the EEOC or any state or local human rights commission by or on Employee’s behalf. (b) Employee understands that she he is, by entering into this Agreement, releasing the Released Parties, including the Company, from any and all claims she he has, had or may ever have against them under federal, state or local laws, which have arisen on or before the execution date of this Agreement. (c) Employee understands that she he is, by entering into this Agreement, waiving all claims that she he has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the execution date of this Agreement. (d) Employee agrees that this Agreement shall be binding on her him and her his heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of her his heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Agreement, and has carefully read and fully understands all of the provisions and effects of this Agreement.. 8 (f) Employee has been, and is hereby, advised in writing to consult with an attorney of her his own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her his own judgment and, if applicable, the advice of her his own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company or any of the other Released Parties, other than those that are specifically stated in this Agreement. (i) Employee does not waive rights or claims that may arise after the date this Agreement is signed below. (j) This Agreement shall be, in all cases, construed as a whole according to its fair meaning, and not strictly for or against any of the Parties. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and The Executive represents, warrants and intends for the Company to rely upon the following in entering the Agreement: covenants that (a) Employee the Executive has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing read and understands this Agreement, Employee hereby waives the right to recover monetary damages is fully aware of its legal effect, has not acted in reliance upon any proceeding that (1) Employee may bring before the EEOC representations or any state or local human rights commission or (2) may be brought promises made by the EEOC or any state or local human rights commission by or Company other than those contained in writing herein and has entered into this Agreement freely based on Employee’s behalf. the Executive's own judgment, (b) Employee understands that she isthe Executive has the full right, by entering authority and capacity to enter into this Agreement and perform the Executive's obligations hereunder, (c) the Executive is not bound by any agreement that conflicts with or prevents or restricts the full performance of the Executive's duties and obligations to the Company hereunder during or after the Term and (d) the execution and delivery of this Agreement shall not result in any breach or violation of, or a default under, any existing obligation, commitment or agreement to which the Executive is subject. [signature page follows] The parties have executed this Agreement as of the date first written above. [Signature Page to Xxxxxx Xxxxxxxx Amended and Restated Employment Agreement] This Release of Claims is provided by me, releasing the undersigned, pursuant to the Amended and Restated Employment Agreement between me and Xxxxxx Xxxxxxxx, Inc., dated as of June 15, 2018 (the "Employment Agreement"). All capitalized terms used in this Release of Claims, but not defined herein, shall have the meaning ascribed to those terms in the Employment Agreement. 1. In consideration of the pay and benefits to be provided to me in connection with the termination of my employment, as set forth in Section 5(a)(v) [and (b)]1 of the Employment Agreement (the "Severance Payments"), which are conditioned upon my signing (and not revoking) this Release of Claims and to which I am not otherwise entitled, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on my own behalf and on behalf of my heirs, executors, beneficiaries and personal representatives, successors and assigns, and all others connected with or claiming through me (collectively, the "Releasors"), hereby release and forever discharge the Company and TMHC, and their subsidiaries and other Affiliates and all of their respective past, present and future officers, directors, shareholders, parents, employees, agents, general and limited partners, members, managers, joint venturers, trustees, employee benefit plans and their administrators and fiduciaries, representatives, agents, predecessors, successors and assigns, and all others connected with any of them, both individually and in their official capacities (collectively, the "Released Parties, including the CompanyPartie "), from any and all causes of action, rights and claims, of any nature or type, known or unknown, fixed or contingent, in law or in equity, which I have had in the past, now have, or might now have, through the date of my signing of this Release of Claims, including, but not limited to, any such causes of action, rights or claims she hasin any way resulting from, had arising out of or may ever have against them under connected with my employment by or other relationship with the Released Parties or the termination of that employment and/or relationship or pursuant to any federal, state or local lawslaw, which have arisen on regulation or before other requirement (including, without limitation, Title VII of the execution date Civil Rights Act of this Agreement. (c) Employee understands that she is1964, by entering into this Agreement, waiving all claims that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act ("ADEA," a law which prohibits discrimination on the basis of 1967age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Worker Adjustment Retraining and Notification Act and similar state laws, the Equal Pay Act, the Fair Labor Standards Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Xxxxxxxx-Xxxxx Act of 2002, the Arizona Wage Act, the Arizona Equal Pay Act, the Arizona Employment Protection Act, the Arizona Civil Rights Act, the Arizona Occupational Health and Safety Act, the Arizona Right to Work Act, the Arizona Drug Testing of Employees Act, the Arizona Medical Marijuana Act, the Arizona criminal code, the Americans with Disabilities Act, and any other federal, state and local laws relating to discrimination on the basis of age, sex or other protected class, express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys' fees and costs, each as amended from time to time); provided, that nothing herein shall release any claim arising after the effective date of the termination of my employment. 1 To be updated, as amended, which have arisen on or before applicable. Excluded from the execution date scope of this Agreement. Release of Claims are: (di) Employee agrees any rights of indemnification or contribution that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure I have pursuant to Section 8 of the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Employment Agreement, and has carefully read and fully understands all the articles of incorporation or by-laws of the provisions and effects of this Agreement. (f) Employee has beenCompany, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company TMHC or any of their subsidiaries, (ii) any right I have to the other Released PartiesSeverance Payments, other than those (iii) vested rights to benefits under employee benefit plans of the Company, TMHC or their subsidiaries and (iv) rights that are specifically stated in this Agreementcannot be released as a matter of law (collectively, "Unreleased Claims"). (i) Employee does not waive rights 2. I acknowledge and agree that this Release of Claims may be pleaded as a full defense to any action, suit, arbitration or claims that other proceeding covered by the terms hereof which is or may arise after be initiated by any of the date this Agreement is signed belowReleasors. (j) This Agreement shall be3. I acknowledge that neither I nor any of the Releasors has filed any complaint, in all casescharge, construed as a whole according to its fair meaning, and not strictly for claim or proceeding against any of the Released Parties before any local, state, federal or foreign agency, court, arbitrator, mediator, arbitration or mediation panel or other body (each individually, a "Proceedjng"). I represent that I am not aware of any basis on which such a Proceeding could reasonably be instituted, except as I have expressly disclosed to the Company in writing. I (i) acknowledge that I shall not initiate or cause to be initiated on my behalf, and shall not participate in, any Proceeding (except with respect to an Unreleased Claim), except as required by law, and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission ("EEOC"). Further, I understand that, by executing this Release of Claims, I shall be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Released Parties. Notwithstanding the above, nothing in Section 1 of this Release of Claims shall prevent me from (a) initiating or causing to be initiated on my behalf any complaint, charge, claim or proceeding against the Company before any local, state or federal agency, court or other body challenging the validity of the waiver of my claims under ADEA contained in Section 1 of this Release of Claims (but no other portion of such waiver), or (b) initiating or participating in an investigation or proceeding conducted by the EEOC. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and represents, and intends for the Company to rely upon You make the following representations, each of which is an important consideration in entering the AgreementCompany’s willingness to enter into this Agreement with you: (a) Employee has not filed any complaints, claims or actions against the Company or any a. You understand and acknowledge that some of the other Released Parties with any court, agency, or commission regarding the matters encompassed by consideration and benefits which Company has agreed to provide to you in this Agreement andare in addition to anything of value to which you would be entitled were it not for this Agreement. b. You understand and acknowledge that you have been allowed at least 21 (twenty-one) days within which to carefully consider and sign this Agreement. c. You understand and acknowledge that you will have 7 days after you sign this Agreement to revoke it. You may revoke this Agreement by submitting written notice of revocation to Xxxxxxxxx X. Xxxxxx, by executing Esquire, within 7 days after you sign this Agreement, Employee hereby waives said revocation to be effective only upon receipt by Company’s counsel. In the event of such revocation, you will have no rights under this Agreement. If you do not revoke this Agreement within 7 days after signing as provided herein, this Agreement shall become effective and enforceable as of the date you signed it. d. You understand and acknowledge that the terms of this Agreement are the product of mutual negotiation and compromise between you and Company. e. You understand and acknowledge that Company has advised and encouraged you to consult with and seek advice from an attorney of your choosing prior to signing this Agreement. f. You understand and acknowledge that after due consideration you have knowingly and voluntarily elected to sign this Agreement and to fulfill the promises set forth herein. g. You understand and acknowledge that you are aware that federal, state and/or local laws prohibit discrimination against employees because of their race or color, religion, sex, age, national origin, veteran status, disability and sexual preference, and that an employee who believes that he or she has been discharged or otherwise discriminated against for any of these reasons has a right to file a lawsuit or initiate other proceedings against Company and to recover monetary damages in if it is proved that Company violated any proceeding that (1) Employee may bring before the EEOC or any state or local human rights commission or (2) may be brought by the EEOC or any state or local human rights commission by or on Employee’s behalfof these laws. (b) Employee understands h. You understand and acknowledge that she is, you are aware that by entering into signing this Agreement, releasing which includes a release, you are giving up any right to xxx or to initiate legal proceedings against Company and its representatives, not only on the Released Partiesbasis of the discrimination laws mentioned above, including the Companybut for other claims which you had, from any and all claims she has, had have or may ever believe you have against them under federal, state or local laws, based upon employment events which have arisen occurred on or before the date on which you sign this Agreement. i. You understand and acknowledge that no promises or representations except those contained in this Agreement have been made to you in connection with the termination of your employment, or the execution date of this Agreement. (c) Employee understands j. You understand and acknowledge that she is, by entering into this Agreement, waiving all claims that she has, had or may ever you have against the Released Parties under the federal Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the execution date of this Agreement. (d) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Agreement, and has carefully read and fully understands all of the provisions understand each and effects of this Agreement. (f) Employee has been, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company or any of the other Released Parties, other than those that are specifically stated every provision in this Agreement. (i) Employee does not waive rights k. You represent that on or claims that may arise after prior to the date on which you sign this Agreement is signed belowAgreement, you have not filed or caused to be filed any complaint or charge with any court, governmental agency or other body against Company or any of its employees, officers, directors or agents which has not been dismissed, closed, withdrawn or otherwise terminated. (j) This Agreement shall bel. You represent and acknowledge that you have received all compensation, in all casessalary, construed as a whole according to its fair meaningbonuses, and not strictly for or against any of the Parties. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled other monies due to receive before entering into this Agreement.you other than such monies and benefits as set forth in Section 2 and 3 above

Employee Representations. Employee expressly acknowledges and represents, and intends for the Company to rely upon the following in entering the Agreement: (a) The Employee has not filed any complaints, claims or actions against hereby represents and warrants that the Company or any Employee’s performance of the other Released Parties terms of this Agreement will not breach any written or oral agreement entered into by the Employee with a former employer or with any court, agency, other third party. The Employee further represents and warrants that the Employee will not engage in additional employment or commission regarding the matters encompassed by this Agreement and, by executing this Agreement, Employee hereby waives the right to recover monetary damages recreational activities that would in any proceeding that (1) Employee may bring before way pose a conflict of interest with the EEOC or any state or local human rights commission or (2) may be brought by the EEOC or any state or local human rights commission by or on Employee’s behalfEmployment. (b) The Employee hereby confirms that the Employee is not owed any amounts or entitled to any benefits from the Company and/or its affiliates for any period of employment, consulting or services provided by the Employee prior to the Effective Date, whether to the Company or to any of its affiliated entities, and that the Employee has been paid in full any amounts which may be due to the Employee on the part of the Company and/or its affiliates on account of any such period of employment, consulting or services provided. (c) The Employee hereby acknowledges that the Employee’s signing of the Confidentiality, and Ownership of Inventions, Unfair Competition and Non-Solicitation Undertaking (the “Undertaking”) constituted a precondition of the Employment and Employee reaffirms and agrees to observe and abide by the terms of the Undertaking, specifically including the provisions therein regarding nondisclosure of the Company’s trade secrets and confidential and proprietary information, noncompetition, and nonsolicitation of Company employees; provided, however, that as of the Effective Date of this Agreement, the Tail Period (as defined in Section 2.1 of the Undertaking) shall be amended to mean a period of six (6) months— provided that the Severance Benefits shall have been duly paid to the Employee—irrespective of (i) whether the Company or the Employee terminates Employee’s Employment, and (ii) the reason the Employee’s Employment terminates. The Employee further affirms that this Agreement, the Plans, and the Undertaking, as amended by this Section 8(c), constitute the entire understanding of the Parties with respect to the subject matter hereof and supersede any and all understandings, agreements, promises, negotiations, proposals, discussions, and arrangements, and all other agreements existing between the Parties and relating to the subject matter hereof are expressly canceled (including, without limitation, the Original Agreement and the Bonus Agreement). (d) The Employee understands that she isthe Employment and obligations of the Company pursuant to this Agreement are conditioned upon the Employee’s maintaining, in each case as required by entering into applicable law, authorization to work in the United States. It is understood that absent such work authorization, the terms of this AgreementAgreement shall be null and void, releasing and the Released PartiesCompany shall have no obligations hereunder. In the event that the Employee is actively employed by the Company at the time of a lapse in the Employee’s work authorization for any reason, including the Company, from any Employment shall immediately terminate and all claims she has, had the Company shall have no obligations with respect to the Employee or may ever have against them under federal, state or local laws, which have arisen on or before the execution date of pursuant to this Agreement. (ce) The Employee understands acknowledges that she isthe Employee has been advised, by entering into this Agreementor was previously advised, waiving all claims that she hasto obtain independent counsel to evaluate the terms, had or may ever have against the Released Parties under the federal Age Discrimination conditions and covenants set forth in Employment Act of 1967, as amended, which have arisen on or before the execution date of this Agreement. (d) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successorsthe Undertaking, and assigns, and shall inure to the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Agreement, and has carefully read and fully understands all of the provisions and effects of this Agreement. (f) Employee has been, or was, afforded ample opportunity to obtain such independent advice and is herebyevaluation. The Employee warrants to the Company that the Employee has relied upon such independent counsel and not upon any representation (legal or otherwise), advised statement or advice said or offered by the Company or the Company’s counsel in writing to consult connection with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company or any of the other Released Parties, other than those that are specifically stated in this Agreement. (i) Employee does not waive rights or claims that may arise after the date this Agreement is signed below. (j) This Agreement shall be, in all cases, construed as a whole according to its fair meaning, and not strictly for or against any of the Parties. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly hereby acknowledges and represents, and intends for the Company to rely upon the following in entering the Agreementagrees as follows: (a) No litigation or other proceeding has been filed or is pending by the Employee Parties against the Company Parties; no person or entity other than Employee has or has had any interest in the matters released herein; Employee has the sole right, capacity, and exclusive authority to execute this Separation Agreement; and Employee has not filed any complaintssold, claims assigned, transferred, conveyed or actions against the Company or otherwise disposed of any of the other Released Parties with any courtclaims, agencydemands, obligations, or commission regarding the matters encompassed by this Agreement and, by executing this Agreement, Employee hereby waives the right to recover monetary damages in any proceeding that (1) Employee may bring before the EEOC or any state or local human rights commission or (2) may be brought by the EEOC or any state or local human rights commission by or on Employee’s behalfcauses of action released herein. (b) The release given by Employee understands that she is, by entering into in Section 8 of this Separation Agreement is given solely in exchange for the consideration set forth in Section 2 of this Separation Agreement, releasing which is an express condition of receipt of severance under the Released Parties, including the Company, from any and all claims she has, had or may ever have against them under federal, state or local laws, which have arisen on or before the execution date of this Employment Agreement. (c) Employee understands that she is, by By entering into this Separation Agreement, waiving all claims that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the execution date of this Agreement. (d) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Agreement, and has carefully read and fully understands all of the provisions and effects of this Agreement. (f) Employee has been, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company or any of the other Released Parties, other than those that are specifically stated in this Agreement. (i) Employee does not waive rights or claims that may arise after the date this Separation Agreement is signed belowexecuted. (jd) This Employee has been advised to consult an attorney prior to entering into this Separation Agreement, and has had the opportunity to do so. (e) Employee has been given a period of at least twenty-one (21) days within which to consider the terms of this Separation Agreement, and if Employee chooses to sign and return this Separation Agreement in less than 21 days, Employee does so of Employee’s own free will and volition. (f) Employee may revoke this Separation Agreement by providing written notice of revocation to the Company’s General Counsel, Pxxxxxxx Xxxxxxxx, within seven (7) days after the date on which Employee signs this Separation Agreement. In the event Employee revokes this Separation Agreement during the seven day revocation period, this Separation Agreement shall be, in all cases, construed as a whole according be entirely void and Employee shall not be entitled to its fair meaning, and not strictly for or against any of the Parties. (k) Employee will receive payment consideration provided in Paragraph 2 of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Separation Agreement.

Employee Representations. Employee expressly acknowledges and The Executive represents, warrants and intends for the Company to rely upon the following in entering the Agreement: covenants that (a) Employee the Executive has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing read and understands this Agreement, Employee hereby waives the right to recover monetary damages is fully aware of its legal effect, has not acted in reliance upon any proceeding that (1) Employee may bring before the EEOC representations or any state or local human rights commission or (2) may be brought promises made by the EEOC or any state or local human rights commission by or Company other than those contained in writing herein and has entered into this Agreement freely based on Employeethe Executive’s behalf. own judgment, (b) Employee understands that she isthe Executive has the full right, by entering authority and capacity to enter into this Agreement and perform the Executive’s obligations hereunder, (c) the Executive is not bound by any agreement that conflicts with or prevents or restricts the full performance of the Executive’s duties and obligations to the Company hereunder during or after the Term and (d) the execution and delivery of this Agreement shall not result in any breach or violation of, or a default under, any existing obligation, commitment or agreement to which the Executive is subject. The parties have executed this Agreement as of the date first written above. By: /s/ Xxxxxx X. Xxxxxx Xxxxxx X. Xxxxxx Chairman of the Board of Directors and Chief Executive Officer (Principal Executive Officer) By: /s/ Xxxxxxx Xxxxxxx This Release of Claims is provided by me, the undersigned, pursuant to the Amended and Restated Employment Agreement between me and Xxxxxx Xxxxxxxx, Inc., dated as of October 12, 2021 (the “Employment Agreement”). All capitalized terms used in this Release of Claims, releasing but not defined herein, shall have the meaning ascribed to those terms in the Employment Agreement. 1. In consideration of the pay and benefits to be provided to me in connection with the termination of my employment, as set forth in Section 5(a)(v) [and (b)]1 of the Employment Agreement (the “Severance Payments”), which are conditioned upon my signing (and not revoking) this Release of Claims and to which I am not otherwise entitled, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on my own behalf and on behalf of my heirs, executors, beneficiaries and personal representatives, successors and assigns, and all others connected with or claiming through me (collectively, the “Releasors”), hereby release and forever discharge the Company and TMHC, and their subsidiaries and other Affiliates and all of their respective past, present and future officers, directors, shareholders, parents, employees, agents, general and limited partners, members, managers, joint venturers, trustees, employee benefit plans and their administrators and fiduciaries, representatives, agents, predecessors, successors and assigns, and all others connected with any of them, both individually and in their official capacities (collectively, the “Released Parties, including the Company”), from any and all causes of action, rights and claims, of any nature or type, known or unknown, fixed or contingent, in law or in equity, which I have had in the past, now have, or might now have, through the date of my signing of this Release of Claims, including, but not limited to, any such causes of action, rights or claims she hasin any way resulting from, had arising out of or may ever have against them under connected with my employment by or other relationship with the Released Parties or the termination of that employment and/or relationship or pursuant to any federal, state or local law, regulation or other requirement (including, without limitation, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act (“ADEA,” a law which prohibits discrimination on the basis of age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Worker Adjustment Retraining and Notification Act and similar state laws, which have arisen the Equal Pay Act, the Fair Labor Standards Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Xxxxxxxx-Xxxxx Act of 2002, the Arizona Wage Act, the Arizona Equal Pay Act, the Arizona Employment Protection Act, the Arizona Civil Rights Act, the Arizona Occupational Health and Safety Act, the Arizona Right to Work Act, the Arizona Drug Testing of Employees Act, the Arizona Medical Marijuana Act, the Arizona criminal code, the Americans with Disabilities Act, and any other federal, state and local laws relating to discrimination on the basis of age, sex or before other protected class, express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys’ fees and costs, each as amended from time to time); provided, that nothing herein shall release any claim arising after the execution effective date of the termination of my employment. Excluded from the scope of this Release of Claims are: (i) any rights of indemnification or contribution that I have pursuant to Section 8 of the Employment Agreement, the articles of incorporation or by-laws of the Company, TMHC or any of their subsidiaries, (ii) any right I have to the Severance Payments, (iii) vested rights to benefits under employee benefit plans of the Company, TMHC or their subsidiaries and (iv) rights that cannot be released as a matter of law (collectively, “Unreleased Claims”). 1 To be updated, as applicable. 2. I acknowledge and agree that this Release of Claims may be pleaded as a full defense to any action, suit, arbitration or other proceeding covered by the terms hereof which is or may be initiated by any of the Releasors. 3. I acknowledge that neither I nor any of the Releasors has filed any complaint, charge, claim or proceeding against any of the Released Parties before any local, state, federal or foreign agency, court, arbitrator, mediator, arbitration or mediation panel or other body (ceach individually, a “Proceeding”). I represent that I am not aware of any basis on which such a Proceeding could reasonably be instituted, except as I have expressly disclosed to the Company in writing. I (i) Employee understands acknowledge that she isI shall not initiate or cause to be initiated on my behalf, and shall not participate in, any Proceeding (except with respect to an Unreleased Claim), except as required by law, and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”). Further, I understand that, by entering into executing this AgreementRelease of Claims, waiving all claims I shall be limiting the availability of certain remedies that she has, had or I may ever have against the Company and limiting also my ability to pursue certain claims against the Released Parties Parties. Notwithstanding the above, nothing in Section 1 of this Release of Claims shall prevent me from (a) initiating or causing to be initiated on my behalf any complaint, charge, claim or proceeding against the Company before any local, state or federal agency, court or other body challenging the validity of the waiver of my claims under ADEA contained in Section 1 of this Release of Claims (but no other portion of such waiver), or (b) initiating or participating in an investigation or proceeding conducted by the federal EEOC. 4. I represent and warrant that I have returned to the Company any and all Confidential Information and other property of the Company and its Affiliates that I had in my possession, custody or control on the date my employment with the Company terminated and that I have retained no such property. Without limiting the foregoing, I also represent and warrant that I have retained no copy of any such documents, materials or information. 5. In signing this Release of Claims, I acknowledge that I have had a reasonable amount of time to consider the terms of this Release of Claims and that I am signing this Release of Claims voluntarily and with a full understanding of its terms. I acknowledge my understanding that I may not sign this Release of Claims prior to the termination of my employment, but that I may consider the terms of this Release of Claims for up to [twenty-one (21)][forty-five (45)]2 days (or such longer period as the Company may specify in order to render this Release of Claims fully effective) from the date I receive this Release of Claims. I also acknowledge that I am advised by the Company, TMHC and their Affiliates to seek the advice of an attorney prior to signing this Release of Claims and that I have, in fact, consulted with an attorney prior to signing this Release of Claims; that I have had sufficient time to consider this Release of Claims and to consult with an attorney, if I wished to do so, or to consult with any other person of my choosing before signing; and that I am signing this Release of Claims voluntarily and with a full understanding of its terms. 6. I further acknowledge that, in signing this Release of Claims, I have not relied on any promises or representations, express or implied, that are not set forth expressly herein. I understand that I may revoke this Release of Claims at any time within seven (7) days of the date of my signing by written notice to the Company in accordance with Section 15 of the Employment Agreement and that neither the Company nor any other person is obligated to provide any of the Severance Payments to me until eight (8) days have passed since my signing 2 To be selected based on whether applicable termination was “in connection with an exit incentive or other employment termination program” (as such phrase is defined in the Age Discrimination in Employment Act of 1967). of this Release of Claims without my having revoked this Release of Claims. If I revoke this Release of Claims, as amendedI shall be deemed not to have accepted the terms of this Release of Claims, and no action shall be required of any of the Released Parties under any section of this Release of Claims. 7. I acknowledge and agree that I continue to be bound by the provisions of Sections 6, 7, and 9 of the Employment Agreement, which have arisen on or before shall survive my termination of employment with the execution Company and remain in full force and effect in accordance with their terms. On the date of this Agreementmy termination, the Company hereby agrees to use reasonable efforts to advise its executive officers not to make any statements or representations, or otherwise communicate, directly or indirectly, in writing, orally, or otherwise, regarding me that are disparaging or damaging to my reputation. (d) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to 8. This Release of Claims does not constitute an admission of liability or wrongdoing of any kind by the benefit of her heirs, administrators, representatives, executors, successors and assignsCompany or me. (e9. In accordance with Section 4(c) Employee has reviewed all aspects of this the Employment Agreement, I hereby resign from all positions on the Board and has carefully read and fully understands all of the provisions and effects of this Agreement. committees thereof (f) Employee has been, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, from the advice board of her own attorney directors or similar governing bodies (and all committees thereof) of all other Affiliates of the Company) and from all other positions and offices that I hold with the Company and its subsidiaries and Affiliates. I agree to promptly execute such further documents as the Company, in entering into this Agreementits sole discretion, shall reasonably deem necessary to effect the foregoing. (h) Employee is not relying 10. The provisions of this Release of Claims shall be binding upon any representationsmy heirs, promisesexecutors, predictionsadministrators, projections or statements made by or on behalf legal representatives and assigns. A failure of the Company or any of the Released Parties to insist on strict compliance with any provision of this Release of Claims shall not be deemed a waiver of such provision or any other provision hereof. If any provision of this Release of Claims is determined to be so broad as to be unenforceable, such provision shall be interpreted to be only so broad as is enforceable, and in the event that any provision is determined to be entirely unenforceable, such provision shall be deemed severable, such that all other provisions of this Release of Claims shall remain valid and binding upon me. For the avoidance of doubt, each of the Released Parties, other than those that are specifically stated Parties shall be a third-party beneficiary to this Release of Claims and shall be entitled to enforce this Release of Claims in this Agreementaccordance with its terms. (i) Employee does not 11. With respect to the matters herein stated as the subject of release, I do hereby waive and relinquish any and all rights or claims that which I may arise after have under the date this Agreement is signed belowlaws of the State of Arizona. (j) 12. This Agreement Release of Claims shall bebe governed, construed, interpreted and enforced in all casesaccordance with the substantive laws of the State of Arizona, construed as a whole according without reference to its fair meaningthe principles of conflicts of law of Arizona or any other jurisdiction, and not strictly for or against any where applicable, the laws of the PartiesUnited States. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.

Employee Representations. Employee expressly acknowledges and represents, and intends for the Company to rely upon You make the following representations, each of which is an important consideration in entering the AgreementCompany’s willingness to enter into this Agreement with you: (a) Employee has not filed any complaints, claims or actions against the Company or any a. You understand and acknowledge that some of the other Released Parties with any court, agency, or commission regarding the matters encompassed by consideration and benefits which Company has agreed to provide to you in this Agreement andare in addition to anything of value to which you would be entitled were it not for this Agreement. b. You understand and acknowledge that you have been allowed at least 21 days within which to carefully consider and sign this Agreement. c. You understand and acknowledge that you will have 7 days after you sign this Agreement to revoke it. You may revoke this Agreement by submitting written notice of revocation to Xxxxxxxxx X. Xxxxxx, by executing Esquire, within 7 days after you sign this Agreement, Employee hereby waives said revocation to be effective only upon receipt by Company’s counsel. In the event of such revocation, you will have no rights under this Agreement. If you do not revoke this Agreement within 7 days after signing as provided herein, this Agreement shall become effective and enforceable as of the date you signed it. d. You understand and acknowledge that the terms of this Agreement are the product of mutual negotiation and compromise between you and Company. e. You understand and acknowledge that Company has advised and encouraged you to consult with and seek advice from an attorney of your choosing prior to signing this Agreement. f. You understand and acknowledge that after due consideration you have knowingly and voluntarily elected to sign this Agreement and to fulfill the promises set forth herein. g. You understand and acknowledge that you are aware that federal, state and/or local laws prohibit discrimination against employees because of their race or color, religion, sex, age, national origin, veteran status, disability and sexual preference, and that an employee who believes that he or she has been discharged or otherwise discriminated against for any of these reasons has a right to file a lawsuit or initiate other proceedings against Company and to recover monetary damages in if it is proved that Company violated any proceeding that (1) Employee may bring before the EEOC or any state or local human rights commission or (2) may be brought by the EEOC or any state or local human rights commission by or on Employee’s behalfof these laws. (b) Employee understands h. You understand and acknowledge that she is, you are aware that by entering into signing this Agreement, releasing which includes a release, you are giving up any right to xxx or to initiate legal proceedings against Company and its representatives, not only on the Released Partiesbasis of the discrimination laws mentioned above, including the Companybut for other claims which you had, from any and all claims she has, had have or may ever believe you have against them under federal, state or local laws, based upon employment events which have arisen occurred on or before the date on which you sign this Agreement. i. You understand and acknowledge that no promises or representations except those contained in this Agreement have been made to you in connection with the termination of your employment, or the execution date of this Agreement. (c) Employee understands j. You understand and acknowledge that she is, by entering into this Agreement, waiving all claims that she has, had or may ever you have against the Released Parties under the federal Age Discrimination in Employment Act of 1967, as amended, which have arisen on or before the execution date of this Agreement. (d) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects of this Agreement, and has carefully read and fully understands all of the provisions understand each and effects of this Agreement. (f) Employee has been, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company or any of the other Released Parties, other than those that are specifically stated every provision in this Agreement. (i) Employee does not waive rights k. You represent that on or claims that may arise after prior to the date on which you sign this Agreement is signed belowAgreement, you have not filed or caused to be filed any complaint or charge with any court, governmental agency or other body against Company or any of its employees, officers, directors or agents which has not been dismissed, closed, withdrawn or otherwise terminated. (j) This Agreement shall bel. You represent and acknowledge that you have received all compensation, in all casessalary, construed as a whole according to its fair meaningbonuses, and not strictly for or against any of the Parties. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled other monies due to receive before entering into this Agreement.you other than such monies and benefits as set forth in Section 2 and 3 above

Employee Representations. Employee expressly acknowledges and The Executive represents, warrants and intends for the Company to rely upon the following in entering the Agreement: covenants that (a) Employee the Executive has not filed any complaints, claims or actions against the Company or any of the other Released Parties with any court, agency, or commission regarding the matters encompassed by this Agreement and, by executing read and understands this Agreement, Employee hereby waives the right to recover monetary damages is fully aware of its legal effect, has not acted in reliance upon any proceeding that (1) Employee may bring before the EEOC representations or any state or local human rights commission or (2) may be brought promises made by the EEOC or any state or local human rights commission by or Company other than those contained in writing herein and has entered into this Agreement freely based on Employeethe Executive’s behalf. own judgment, (b) Employee understands that she isthe Executive has the full right, by entering authority and capacity to enter into this Agreement and perform the Executive’s obligations hereunder, (c) the Executive is not bound by any agreement that conflicts with or prevents or restricts the full performance of the Executive’s duties and obligations to the Company hereunder during or after the Term and (d) the execution and delivery of this Agreement shall not result in any breach or violation of, or a default under, any existing obligation, commitment or agreement to which the Executive is subject. The parties have executed this Agreement as of the date first written above. By: /s/ Xxxxxxx Xxxxxxx Name: Xxxxxxx Xxxxxxx Title: EVP, Chief Legal Officer By: /s/ Xxxxxx X. Xxxxxx This Release of Claims is provided by me, the undersigned, pursuant to the Amended and Restated Employment Agreement between me and Xxxxxx Xxxxxxxx, Inc., dated as of October 12, 2021 (the “Employment Agreement”). All capitalized terms used in this Release of Claims, releasing but not defined herein, shall have the meaning ascribed to those terms in the Employment Agreement. 1. In consideration of the pay and benefits to be provided to me in connection with the termination of my employment, as set forth in Section 5(a)(v) [and (b)]/[and (c)]1of the Employment Agreement (the “Severance Payments”), which are conditioned upon my signing (and not revoking) this Release of Claims and to which I am not otherwise entitled, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, I, on my own behalf and on behalf of my heirs, executors, beneficiaries and personal representatives, successors and assigns, and all others connected with or claiming through me (collectively, the “Releasors”), hereby release and forever discharge the Company and TMHC, and their subsidiaries and other Affiliates and all of their respective past, present and future officers, directors, shareholders, parents, employees, agents, general and limited partners, members, managers, joint venturers, trustees, employee benefit plans and their administrators and fiduciaries, representatives, agents, predecessors, successors and assigns, and all others connected with any of them, both individually and in their official capacities (collectively, the “Released Parties, including the Company”), from any and all causes of action, rights and claims, of any nature or type, known or unknown, fixed or contingent, in law or in equity, which I have had in the past, now have, or might now have, through the date of my signing of this Release of Claims, including, but not limited to, any such causes of action, rights or claims she hasin any way resulting from, had arising out of or may ever have against them under connected with my employment by or other relationship with the Released Parties or the termination of that employment and/or relationship or pursuant to any federal, state or local lawslaw, which have arisen on regulation or before other requirement (including, without limitation, Title VII of the execution date Civil Rights Act of this Agreement. (c) Employee understands that she is1964, by entering into this Agreement, waiving all claims that she has, had or may ever have against the Released Parties under the federal Age Discrimination in Employment Act (“ADEA,” a law which prohibits discrimination on the basis of 1967age), the Older Workers Benefit Protection Act, the National Labor Relations Act, the Civil Rights Act of 1991, the Americans with Disabilities Act of 1990, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Worker Adjustment Retraining and Notification Act and similar state laws, the Equal Pay Act, the Fair Labor Standards Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Xxxxxxxx-Xxxxx Act of 2002, the Arizona Wage Act, the Arizona Equal Pay Act, the Arizona Employment Protection Act, the Arizona Civil Rights Act, the Arizona Occupational Health and Safety Act, the Arizona Right to Work Act, the Arizona Drug Testing of Employees Act, the Arizona Medical Marijuana Act, the Arizona criminal code, the Americans with Disabilities Act, and any other federal, state and local laws relating to discrimination on the basis of age, sex or other protected class, express or implied breach of contract, wrongful discharge, defamation, intentional infliction of emotional distress, and any related claims for attorneys’ fees and costs, each as amendedamended from time to time); provided, which have arisen on or before that nothing herein shall release any claim arising after the execution effective date of this Agreement. (d) Employee agrees that this Agreement shall be binding on her and her heirs, administrators, representatives, executors, successors, and assigns, and shall inure to the benefit termination of her heirs, administrators, representatives, executors, successors and assigns. (e) Employee has reviewed all aspects my employment. Excluded from the scope of this Release of Claims are: (i) any rights of indemnification or contribution that I have pursuant to Section 8 of the Employment Agreement, and has carefully read and fully understands all the articles of incorporation or by-laws of the provisions and effects of this Agreement. (f) Employee has beenCompany, and is hereby, advised in writing to consult with an attorney of her own choice before signing this Agreement. (g) Employee is knowingly and voluntarily entering into this Agreement, and has relied solely and completely upon her own judgment and, if applicable, the advice of her own attorney in entering into this Agreement. (h) Employee is not relying upon any representations, promises, predictions, projections or statements made by or on behalf of the Company TMHC or any of their subsidiaries, (ii) any right I have to the other Released PartiesSeverance Payments, other than those (iii) vested rights to benefits under employee benefit plans of the Company, TMHC or their subsidiaries and (iv) rights that are specifically stated in this Agreementcannot be released as a matter of law (collectively, “Unreleased Claims”). (i) Employee does not waive rights or claims that may arise after the date this Agreement is signed below1 To be updated, as applicable. (j) This Agreement shall be, in all cases, construed 2. I acknowledge and agree that this Release of Claims may be pleaded as a whole according full defense to its fair meaningany action, and not strictly for suit, arbitration or other proceeding covered by the terms hereof which is or may be initiated by any of the Releasors. 3. I acknowledge that neither I nor any of the Releasors has filed any complaint, charge, claim or proceeding against any of the Released Parties before any local, state, federal or foreign agency, court, arbitrator, mediator, arbitration or mediation panel or other body (each individually, a “Proceeding”). I represent that I am not aware of any basis on which such a Proceeding could reasonably be instituted, except as I have expressly disclosed to the Company in writing. I (i) acknowledge that I shall not initiate or cause to be initiated on my behalf, and shall not participate in, any Proceeding (except with respect to an Unreleased Claim), except as required by law, and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”). Further, I understand that, by executing this Release of Claims, I shall be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Released Parties. Notwithstanding the above, nothing in Section 1 of this Release of Claims shall prevent me from (a) initiating or causing to be initiated on my behalf any complaint, charge, claim or proceeding against the Company before any local, state or federal agency, court or other body challenging the validity of the waiver of my claims under ADEA contained in Section 1 of this Release of Claims (but no other portion of such waiver), or (b) initiating or participating in an investigation or proceeding conducted by the EEOC. (k) Employee will receive payment of consideration under this Agreement that is beyond what Employee was entitled to receive before entering into this Agreement.