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

Employee’s Release of Claims. For and in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not to xxx, or bring any other legal action against Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission of any kind occurring on or before the date of the execution of this Agreement. The Employee understands and agrees that this Agreement includes, but is not limited to, the following: a. All claims and causes of action arising under contract, tort or other common law, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express or implied duties of good faith and fair dealing, wrongful discharge, discrimination, retaliation, harassment, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims under the AGE DISCRIMINATION IN EMPLOYMENT ACT, the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans With Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documents. c. All claims and causes of action for past or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, including, without limitation, Employee’s treatment by Company; the terms and conditions of Employee’s employment; and the separation of Employee’s employment.

Employee’s Release of Claims. For Employee hereby agrees and acknowledges that by signing this Agreement and accepting the severance payments to be provided to him, and other good and valuable consideration provided for in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not is waiving his right to xxx, or bring assert any other form of legal action claim against the Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission of any kind occurring on whatsoever from the beginning of time through the Effective Date. Employee’s waiver and release herein is intended to bar any form of legal claim, charge, complaint or before any other form of action (jointly referred to as “Claims”) against the date Company seeking any form of the execution of this Agreement. The Employee understands and agrees that this Agreement includesrelief including, but is not limited towithout limitation, equitable relief (whether declaratory, injunctive or otherwise), the following: a. All claims recovery of any damages or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys’ fees and causes any other costs) against the Company, up through the Effective Date. Without limiting the foregoing general waiver and release of action claims, Employee specifically waives and releases the Company from any Claim arising under contract, tort from or other common lawrelated to Employee’s employment relationship with the Company or the termination thereof, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express : (i) Claims under any state or implied duties of good faith and fair dealing, wrongful discharge, federal discrimination, retaliationfair employment practices or other employment related statute, harassmentregulation or executive order (as they may have been amended through the Effective Date) prohibiting discrimination or harassment based upon any protected status including, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims race, national origin, age, gender, marital status, disability, veteran status or sexual orientation. Without limitation, specifically included in this paragraph are any Claims arising under the AGE DISCRIMINATION IN EMPLOYMENT ACTfederal Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Acts of 1866 and 1871, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 18661991, the Equal Pay Act, the Americans With Disabilities ActAct and any similar Massachusetts or other state statute. (ii) Claims under any other state or federal employment related statute, regulation or executive order (as they may have been amended through the Effective Date) relating to wages, hours or any other terms and conditions of employment. Without limitation, specifically included in this paragraph are any Claims arising under the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the National Labor Relations Act, the Employee Retirement Income Security ActAct of 1974, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation similar Massachusetts or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documentsstate statute. c. All claims and causes of action for past (iii) Claims under any state or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, federal common law theory including, without limitation, wrongful discharge, breach of express or implied contract, promissory estoppel, unjust enrichment, breach of a covenant of good faith and fair dealing, violation of public policy, defamation, interference with contractual relations, intentional or negligent infliction of emotional distress, invasion of privacy, misrepresentation, deceit, fraud or negligence. (iv) Any other Claim arising under state or federal law. Notwithstanding the foregoing, this Section shall not release the Company from any obligation expressly set forth in this Agreement, nor is Employee releasing any claims to vested benefits (e.g., Employee’s treatment by vested 401(k) balance) or to any rights to indemnification that Employee may have pursuant to insurance policy, Company by-law, charter or operating agreement, and/or applicable law. Employee and the Company acknowledge that Employee is over the age of 40 and that Employee, therefore, has specific rights under the Age Discrimination in Employment Act (“ADEA”) and the Older Workers Benefit Protection Act (the “OWBPA”), which prohibit discrimination on the basis of age. It is the Company; ’s desire and intent to make certain that Employee fully understands the provisions and effects of this Agreement, which includes a release of claims under the ADEA and OWBPA. To that end, Employee has been encouraged and given the opportunity to consult with legal counsel for the purpose of reviewing the terms of this Agreement. Consistent with the provisions of the ADEA and conditions OWBPA, the Company also is providing Employee with forty five (45) days in which to consider and accept the terms of Employee’s employment; this Agreement by signing below and returning it to the Company at the address above. Additionally, in Exhibit A, Employee is being provided with certain additional information required by the ADEA and the OWBPA, including the job titles and ages of other employees who were, or were not, separated from employment and offered a separation agreement. Employee may rescind his assent to this Agreement if, within seven (7) days after Employee signs this Agreement, Employee delivers by hand or sends by mail (certified, return receipt and postmarked within such seven (7) day period) a notice of Employee’s employmentrescission to the Company at 0 Xxxxxx Xxxxxx, Xxxxxxx, XX 00000.

Employee’s Release of Claims. For Employee hereby agrees and acknowledges that by signing this Agreement and accepting the severance payments to be provided to him, and other good and valuable consideration provided for in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not is waiving his right to xxx, or bring assert any other form of legal action claim against the Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission of any kind occurring on whatsoever from the beginning of time through the Effective Date. Employee’s waiver and release herein is intended to bar any form of legal claim, charge, complaint or before any other form of action (jointly referred to as “Claims”) against the date Company seeking any form of the execution of this Agreement. The Employee understands and agrees that this Agreement includesrelief including, but is not limited towithout limitation, equitable relief (whether declaratory, injunctive or otherwise), the following: a. All claims recovery of any damages or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys’ fees and causes any other costs) against the Company, up through the Effective Date. Without limiting the foregoing general waiver and release of action claims, Employee specifically waives and releases the Company from any Claim arising under contract, tort from or other common lawrelated to Employee’s employment relationship with the Company or the termination thereof, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express : (i) Claims under any state or implied duties of good faith and fair dealing, wrongful discharge, federal discrimination, retaliationfair employment practices or other employment related statute, harassmentregulation or executive order (as they may have been amended through the Effective Date) prohibiting discrimination or harassment based upon any protected status including, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims race, national origin, age, gender, marital status, disability, veteran status or sexual orientation. Without limitation, specifically included in this paragraph are any Claims arising under the AGE DISCRIMINATION IN EMPLOYMENT ACTfederal Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Acts of 1866 and 1871, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 18661991, the Equal Pay Act, the Americans With Disabilities ActAct and any similar Massachusetts or other state statute. (ii) Claims under any other state or federal employment related statute, regulation or executive order (as they may have been amended through the Effective Date) relating to wages, hours or any other terms and conditions of employment. Without limitation, specifically included in this paragraph are any Claims arising under the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the National Labor Relations Act, the Employee Retirement Income Security ActAct of 1974, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation similar Massachusetts or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documentsstate statute. c. All claims and causes of action for past (iii) Claims under any state or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, federal common law theory including, without limitation, wrongful discharge, breach of express or implied contract, promissory estoppel, unjust enrichment, breach of a covenant of good faith and fair dealing, violation of public policy, defamation, interference with contractual relations, intentional or negligent infliction of emotional distress, invasion of privacy, misrepresentation, deceit, fraud or negligence. (iv) Any other Claim arising under state or federal law. Notwithstanding the foregoing, this Section shall not release the Company from any obligation expressly set forth in this Agreement, nor is Employee releasing any claims to vested benefits (e.g., Employee’s treatment by Company; the terms and conditions of Employee’s employment; and the separation of Employee’s employmentvested 401(k) balance) or to any rights to indemnification that Employee may have pursuant to insurance policy, Company by-law, charter or operating agreement, and/or applicable law.

Employee’s Release of Claims. For Employee hereby agrees and acknowledges that by signing this Agreement and accepting the severance payments to be provided to him, and other good and valuable consideration provided for in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not is waiving his right to xxx, or bring assert any other form of legal action claim against Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission the Company1 of any kind occurring on whatsoever from the beginning of time through the Effective Date. Employee’s waiver and release herein is intended to bar any form of legal claim, charge, complaint or before any other form of action (jointly referred to as “Claims”) against the date Company seeking any form of the execution of this Agreement. The Employee understands and agrees that this Agreement includesrelief including, but is not limited towithout limitation, equitable relief (whether declaratory, injunctive or otherwise), the following: a. All claims recovery of any damages or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys’ fees and causes any other costs) against the Company, up through the Effective Date. Without limiting the foregoing general waiver and release of action claims, Employee specifically waives and releases the Company from any Claim arising under contract, tort from or other common lawrelated to Employee’s employment relationship with the Company or the termination thereof, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express : (i) Claims under any state or implied duties of good faith and fair dealing, wrongful discharge, federal discrimination, retaliationfair employment practices or other employment related statute, harassmentregulation or executive order (as they may have been amended through the Effective Date) prohibiting discrimination or harassment based upon any protected status including, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims race, national origin, age, gender, marital status, disability, veteran status or sexual orientation. Without limitation, specifically included in this paragraph are any Claims arising under the AGE DISCRIMINATION IN EMPLOYMENT ACTfederal Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Acts of 1866 and 1871, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 18661991, the Equal Pay Act, the Americans With Disabilities ActAct and any similar Massachusetts or other state statute. (ii) Claims under any other state or federal employment related statute, regulation or executive order (as they may have been amended through the Effective Date) relating to wages, hours or any other terms and conditions of employment. Without limitation, specifically included in this paragraph are any Claims arising under the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the National Labor Relations Act, the Employee Retirement Income Security ActAct of 1974, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation similar Massachusetts or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documentsstate statute. c. All claims and causes of action for past (iii) Claims under any state or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, federal common law theory including, without limitation, wrongful discharge, breach of express or implied contract, promissory estoppel, unjust enrichment, breach of a covenant of good faith and fair dealing, violation of public policy, defamation, interference with contractual relations, intentional or negligent infliction of emotional distress, invasion of privacy, misrepresentation, deceit, fraud or negligence. 1 For purposes of this release of claims, the term “Company” shall include Akcea Therapeutics, Inc. and its divisions, affiliates, parents and subsidiaries, and their respective officers, directors, shareholders, owners, employees and assigns. (iv) Any other Claim arising under state or federal law. Notwithstanding the foregoing, this Section shall not release the Company from any obligation expressly set forth in this Agreement, nor is Employee releasing any claims to vested benefits (e.g., Employee’s treatment by vested 401(k) balance), his rights to his Vested Equity and/ or to any rights to indemnification that Employee may have pursuant to insurance policy, Company by-law, charter or operating agreement, and/or applicable law. Employee and the Company acknowledge that Employee is over the age of 40 and that Employee, therefore, has specific rights under the Age Discrimination in Employment Act (“ADEA”) and the Older Workers Benefit Protection Act (the “OWBPA”), which prohibit discrimination on the basis of age. It is the Company; ’s desire and intent to make certain that Employee fully understands the provisions and effects of this Agreement, which includes a release of claims under the ADEA and OWBPA. To that end, Employee has been encouraged and given the opportunity to consult with legal counsel for the purpose of reviewing the terms of this Agreement. Consistent with the provisions of the ADEA and conditions OWBPA, the Company also is providing Employee with twenty-one (21) days in which to consider and accept the terms of Employee’s employment; this Agreement by signing below and returning it to the separation Company at the address below. Employee may rescind his assent to this Agreement if, within seven (7) days after Employee signs this Agreement, Employee delivers by hand or sends by mail (certified, return receipt and postmarked within such seven (7) day period) a notice of Employee’s employmentrescission to the Company at 00 Xxxxxx Xxxxx Xxxx, 0xx Xxxxx, Xxxxxx, XX 00000.

Employee’s Release of Claims. For Employee hereby agrees and acknowledges that by signing this Agreement and accepting the severance payments to be provided to his, and other good and valuable consideration provided for in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not is waiving his right to xxx, or bring assert any other form of legal action claim against Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission the Company1 of any kind occurring on whatsoever from the beginning of time through the Effective Date. Employee’s waiver and release herein is intended to bar any form of legal claim, charge, complaint or before any other form of action (jointly referred to as “Claims”) against the date Company seeking any form of the execution of this Agreement. The Employee understands and agrees that this Agreement includesrelief including, but is not limited towithout limitation, equitable relief (whether declaratory, injunctive or otherwise), the following: a. All claims recovery of any damages or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys’ fees and causes any other costs) against the Company, up through the Effective Date. Without limiting the foregoing general waiver and release of action claims, Employee specifically waives and releases the Company from any Claim arising under contract, tort from or other common lawrelated to Employee’s employment relationship with the Company or the termination thereof, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express : (i) Claims under any state or implied duties of good faith and fair dealing, wrongful discharge, federal discrimination, retaliationfair employment practices or other employment related statute, harassmentregulation or executive order (as they may have been amended through the Effective Date) prohibiting discrimination or harassment based upon any protected status including, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims race, national origin, age, gender, marital status, disability, veteran status or sexual orientation. Without limitation, specifically included in this paragraph are any Claims arising under the AGE DISCRIMINATION IN EMPLOYMENT ACTfederal Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Acts of 1866 and 1871, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 18661991, the Equal Pay Act, the Americans With Disabilities ActAct and any similar Massachusetts or other state statute. 1 For purposes of this release of claims, the term “Company” shall include Akcea Therapeutics, Inc. and its divisions, affiliates, parents and subsidiaries, and their respective officers, directors, shareholders, owners, employees and assigns. (ii) Claims under any other state or federal employment related statute, regulation or executive order (as they may have been amended through the Effective Date) relating to wages, hours or any other terms and conditions of employment. Without limitation, specifically included in this paragraph are any Claims arising under the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the National Labor Relations Act, the Employee Retirement Income Security ActAct of 1974, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation similar Massachusetts or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documentsstate statute. c. All claims and causes of action for past (iii) Claims under any state or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, federal common law theory including, without limitation, wrongful discharge, breach of express or implied contract, promissory estoppel, unjust enrichment, breach of a covenant of good faith and fair dealing, violation of public policy, defamation, interference with contractual relations, intentional or negligent infliction of emotional distress, invasion of privacy, misrepresentation, deceit, fraud or negligence. (iv) Any other Claim arising under state or federal law. Notwithstanding the foregoing, this Section shall not release the Company from any obligation expressly set forth in this Agreement, nor is Employee releasing any claims to vested benefits (e.g., vested options, Employee’s treatment by vested 401(k) balance) or to any rights to indemnification that Employee may have pursuant to insurance policy, Company by-law, charter or operating agreement, and/or applicable law. Employee and the Company acknowledge that Employee is over the age of 40 and that Employee, therefore, has specific rights under the Age Discrimination in Employment Act (“ADEA”) and the Older Workers Benefit Protection Act (the “OWBPA”), which prohibit discrimination on the basis of age. It is the Company; ’s desire and intent to make certain that Employee fully understands the provisions and effects of this Agreement, which includes a release of claims under the ADEA and OWBPA. To that end, Employee has been encouraged and given the opportunity to consult with legal counsel for the purpose of reviewing the terms of this Agreement. Consistent with the provisions of the ADEA and conditions OWBPA, the Company also is providing Employee with twenty-one (21) days in which to consider and accept the terms of Employee’s employment; this Agreement by signing below and returning it to the separation Company at the address below. Employee may rescind his assent to this Agreement if, within seven (7) days after Employee signs this Agreement, Employee delivers by hand or sends by mail (certified, return receipt and postmarked within such seven (7) day period) a notice of Employee’s employmentrescission to the Company at 00 Xxxxxx Xxxxx Xxxx, 0xx Xxxxx Xxxxxx, XX 00000.

Employee’s Release of Claims. For Employee hereby agrees and acknowledges that by signing this Agreement and accepting the severance payments to be provided to him, and other good and valuable consideration provided for in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not is waiving his right to xxx, or bring assert any other form of legal action claim against Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission the Company1 of any kind occurring on whatsoever from the beginning of time through the Effective Date. Employee’s waiver and release herein is intended to bar any form of legal claim, charge, complaint or before any other form of action (jointly referred to as “Claims”) against the date Company seeking any form of the execution of this Agreement. The Employee understands and agrees that this Agreement includesrelief including, but is not limited towithout limitation, equitable relief (whether declaratory, injunctive or otherwise), the following: a. All claims recovery of any damages or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys’ fees and causes any other costs) against the Company, up through the Effective Date. Without limiting the foregoing general waiver and release of action claims, Employee specifically waives and releases the Company from any Claim arising under contract, tort from or other common lawrelated to Employee’s employment relationship with the Company or the termination thereof, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express : (i) Claims under any state or implied duties of good faith and fair dealing, wrongful discharge, federal discrimination, retaliationfair employment practices or other employment related statute, harassmentregulation or executive order (as they may have been amended through the Effective Date) prohibiting discrimination or harassment based upon any protected status including, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims race, national origin, age, gender, marital status, disability, veteran status or sexual orientation. Without limitation, specifically included in this paragraph are any Claims arising under the AGE DISCRIMINATION IN EMPLOYMENT ACTfederal Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Acts of 1866 and 1871, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 18661991, the Equal Pay Act, the Americans With Disabilities ActAct and any similar Massachusetts or other state statute. (ii) Claims under any other state or federal employment related statute, regulation or executive order (as they may have been amended through the Effective Date) relating to wages, hours or any other terms and conditions of employment. Without limitation, specifically included in this paragraph are any Claims arising under the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the National Labor Relations Act, the Employee Retirement Income Security ActAct of 1974, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation similar Massachusetts or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documentsstate statute. c. All claims and causes of action for past (iii) Claims under any state or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, federal common law theory including, without limitation, wrongful discharge, breach of express or implied contract, promissory estoppel, unjust enrichment, breach of a covenant of good faith and fair dealing, violation of public policy, defamation, interference with contractual relations, intentional or negligent infliction of emotional distress, invasion of privacy, misrepresentation, deceit, fraud or negligence. (iv) Any other Claim arising under state or federal law. 1 For purposes of this release of claims, the term “Company” shall include Akcea Therapeutics, Inc. and its divisions, affiliates, parents and subsidiaries, and their respective officers, directors, shareholders, owners, employees and assigns. Notwithstanding the foregoing, this Section shall not release the Company from any obligation expressly set forth in this Agreement, nor is Employee releasing any claims to vested benefits (e.g., Employee’s treatment by vested 401(k) balance), his rights to his Equity and/ or to any rights to indemnification that Employee may have pursuant to insurance policy, Company by-law, charter or operating agreement, and/or applicable law. Employee and the Company acknowledge that Employee is over the age of 40 and that Employee, therefore, has specific rights under the Age Discrimination in Employment Act (“ADEA”) and the Older Workers Benefit Protection Act (the “OWBPA”), which prohibit discrimination on the basis of age. It is the Company; ’s desire and intent to make certain that Employee fully understands the provisions and effects of this Agreement, which includes a release of claims under the ADEA and OWBPA. To that end, Employee has been encouraged and given the opportunity to consult with legal counsel for the purpose of reviewing the terms of this Agreement. Consistent with the provisions of the ADEA and conditions OWBPA, the Company also is providing Employee with twenty-one (21) days in which to consider and accept the terms of Employee’s employment; this Agreement by signing below and returning it to the separation Company at the address below. Employee may rescind his assent to this Agreement if, within seven (7) days after Employee signs this Agreement, Employee delivers by hand or sends by mail (certified, return receipt and postmarked within such seven (7) day period) a notice of Employee’s employmentrescission to the Company at 00 Xxxxxx Xxxxx Xxxx, 0xx Xxxxx, Xxxxxx, XX 00000.

Employee’s Release of Claims. For and in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not to xxx, or bring any other legal action against Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission of any kind occurring on or before the date of the execution of this Agreement. The Employee understands and agrees that this Agreement includes, but is not limited to, the following: a. All claims and causes of action arising under contract, tort or other common law, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express or implied duties of good faith and fair dealing, wrongful discharge, discrimination, retaliation, harassment, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims under the AGE DISCRIMINATION IN EMPLOYMENT ACT, the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans With Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documents. c. All claims and causes of action for past or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's ’s fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, including, without limitation, Employee’s treatment by Company; the terms and conditions of Employee’s employment; and the separation of Employee’s employment. e. Notwithstanding the foregoing, the release contained herein shall not apply to (1) any rights Employee may have solely under this Agreement, (2) any rights to indemnity which Employee, as a former officer or employee of the Company, may be entitled under the Certificate of Incorporation or Bylaws of the Company, its past, present and future subsidiaries, parents and affiliates, or any policy of directors and officers liability insurance or enforceable indemnification agreement to which Employee is a party, (3) any rights Employee may have to apply for and receive unemployment benefits, which application Company will not oppose, contest or challenge, or (4) Employee’s rights as a shareholder of Company.

Employee’s Release of Claims. For Employee hereby agrees and acknowledges that by signing this Agreement and accepting the severance payments to be provided to her, and other good and valuable consideration provided for in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not is waiving her right to xxx, or bring assert any other form of legal action claim against Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission the Company1 of any kind occurring on whatsoever from the beginning of time through the Effective Date. Employee’s waiver and release herein is intended to bar any form of legal claim, charge, complaint or before any other form of action (jointly referred to as “Claims”) against the date Company seeking any form of the execution of this Agreement. The Employee understands and agrees that this Agreement includesrelief including, but is not limited towithout limitation, equitable relief (whether declaratory, injunctive or otherwise), the following: a. All claims recovery of any damages or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys’ fees and causes any other costs) against the Company, up through the Effective Date. Without limiting the foregoing general waiver and release of action claims, Employee specifically waives and releases the Company from any Claim arising under contract, tort from or other common lawrelated to Employee’s employment relationship with the Company or the termination thereof, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express : (i) Claims under any state or implied duties of good faith and fair dealing, wrongful discharge, federal discrimination, retaliationfair employment practices or other employment related statute, harassmentregulation or executive order (as they may have been amended through the Effective Date) prohibiting discrimination or harassment based upon any protected status including, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims race, national origin, age, gender, marital status, disability, veteran status or sexual orientation. Without limitation, specifically included in this paragraph are any Claims arising under the AGE DISCRIMINATION IN EMPLOYMENT ACTfederal Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Acts of 1866 and 1871, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 18661991, the Equal Pay Act, the Americans With Disabilities ActAct and any similar Massachusetts or other state statute. 1 For purposes of this release of claims, the term “Company” shall include Akcea Therapeutics, Inc. and its divisions, affiliates, parents and subsidiaries, and their respective officers, directors, shareholders, owners, employees and assigns. (ii) Claims under any other state or federal employment related statute, regulation or executive order (as they may have been amended through the Effective Date) relating to wages, hours or any other terms and conditions of employment. Without limitation, specifically included in this paragraph are any Claims arising under the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the National Labor Relations Act, the Employee Retirement Income Security ActAct of 1974, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation similar Massachusetts or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documentsstate statute. c. All claims and causes of action for past (iii) Claims under any state or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, federal common law theory including, without limitation, wrongful discharge, breach of express or implied contract, promissory estoppel, unjust enrichment, breach of a covenant of good faith and fair dealing, violation of public policy, defamation, interference with contractual relations, intentional or negligent infliction of emotional distress, invasion of privacy, misrepresentation, deceit, fraud or negligence. (iv) Any other Claim arising under state or federal law. Notwithstanding the foregoing, this Section shall not release the Company from any obligation expressly set forth in this Agreement, nor is Employee releasing any claims to vested benefits (e.g., Employee’s treatment by vested 401(k) balance) or to any rights to indemnification that Employee may have pursuant to insurance policy, Company by-law, charter or operating agreement, and/or applicable law. Employee and the Company acknowledge that Employee is over the age of 40 and that Employee, therefore, has specific rights under the Age Discrimination in Employment Act (“ADEA”) and the Older Workers Benefit Protection Act (the “OWBPA”), which prohibit discrimination on the basis of age. It is the Company; ’s desire and intent to make certain that Employee fully understands the provisions and effects of this Agreement, which includes a release of claims under the ADEA and OWBPA. To that end, Employee has been encouraged and given the opportunity to consult with legal counsel for the purpose of reviewing the terms of this Agreement. Consistent with the provisions of the ADEA and conditions OWBPA, the Company also is providing Employee with twenty-one (21) days in which to consider and accept the terms of Employee’s employment; this Agreement by signing below and returning it to the separation Company at the address below. Employee may rescind her assent to this Agreement if, within seven (7) days after Employee signs this Agreement, Employee delivers by hand or sends by mail (certified, return receipt and postmarked within such seven (7) day period) a notice of Employee’s employmentrescission to the Company at 00 Xxxxxx Xxxxx Xxxx, 0xx Xxxxx Xxxxxx, XX 00000.

Employee’s Release of Claims. For Employee hereby agrees and acknowledges that by signing this Agreement and accepting the severance payments to be provided to her, and other good and valuable consideration provided for in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not is waiving her right to xxx, or bring assert any other form of legal action claim against Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission the Company1 of any kind occurring on whatsoever from the beginning of time through the Effective Date. Employee’s waiver and release herein is intended to bar any form of legal claim, charge, complaint or before any other form of action (jointly referred to as “Claims”) against the date Company seeking any form of the execution of this Agreement. The Employee understands and agrees that this Agreement includesrelief including, but is not limited towithout limitation, equitable relief (whether declaratory, injunctive or otherwise), the following: a. All claims recovery of any damages or any other form of monetary recovery whatsoever (including, without limitation, back pay, front pay, compensatory damages, emotional distress damages, punitive damages, attorneys’ fees and causes any other costs) against the Company, up through the Effective Date. Without limiting the foregoing general waiver and release of action claims, Employee specifically waives and releases the Company from any Claim arising under contract, tort from or other common lawrelated to Employee’s employment relationship with the Company or the termination thereof, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express : (i) Claims under any state or implied duties of good faith and fair dealing, wrongful discharge, federal discrimination, retaliationfair employment practices or other employment related statute, harassmentregulation or executive order (as they may have been amended through the Effective Date) prohibiting discrimination or harassment based upon any protected status including, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims race, national origin, age, gender, marital status, disability, veteran status or sexual orientation. Without limitation, specifically included in this paragraph are any Claims arising under the AGE DISCRIMINATION IN EMPLOYMENT ACTfederal Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Civil Rights Acts of 1866 and 1871, Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 18661991, the Equal Pay Act, the Americans With Disabilities ActAct and any similar state or local statute or regulation. 1 For purposes of this release of claims, the term “Company” shall include Akcea Therapeutics, Inc. and its divisions, affiliates, parents and subsidiaries, and their respective officers, directors, shareholders, owners, employees and assigns. (ii) Claims under any other state or federal employment related statute, regulation or executive order (as they may have been amended through the Effective Date) relating to wages, hours or any other terms and conditions of employment. Without limitation, specifically included in this paragraph are any Claims arising under the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the National Labor Relations Act, the Employee Retirement Income Security ActAct of 1974, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation similar state or other remuneration, local statute or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documentsregulation. c. All claims and causes of action for past (iii) Claims under any state or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, federal common law theory including, without limitation, wrongful discharge, breach of express or implied contract, promissory estoppel, unjust enrichment, breach of a covenant of good faith and fair dealing, violation of public policy, defamation, interference with contractual relations, intentional or negligent infliction of emotional distress, invasion of privacy, misrepresentation, deceit, fraud or negligence. (iv) Any other Claim arising under local, state or federal law. Section 1542 of the Civil Code of the State of California (“Section 1542”) provides, generally, that a release does not extend to unknown claims. Specifically, Section 1542 of the Civil Code of the State of California states: Notwithstanding the provisions of Section 1542 and for the purpose of implementing a full and complete release, Employee expressly acknowledges and agrees that this Agreement releases all claims existing or arising prior to her execution of this Agreement which she has or may have against the Company, whether the claims are known or unknown and suspected or unsuspected by Employee and she forever waives all inquiries and investigations into any and all of these claims. Notwithstanding the foregoing, this paragraph does not release the Company from any obligation expressly set forth in this Agreement. Further, Employee’s treatment by waivers and releases in this Agreement do not apply to any claims that cannot be waived or released as a matter of law under applicable, federal, state, or local laws, and Employee’s rights to enforce this Agreement. Employee and the Company acknowledge that Employee is over the age of 40 and that Employee, therefore, has specific rights under the Age Discrimination in Employment Act (“ADEA”) and the Older Workers Benefit Protection Act (the “OWBPA”), which prohibit discrimination on the basis of age. It is the Company; ’s desire and intent to make certain that Employee fully understands the provisions and effects of this Agreement, which includes a release of claims under the ADEA and OWBPA. To that end, Employee has been encouraged and given the opportunity to consult with legal counsel for the purpose of reviewing the terms of this Agreement. Consistent with the provisions of the ADEA and conditions OWBPA, the Company also is providing Employee with twenty-one (21) days in which to consider and accept the terms of Employee’s employment; this Agreement by signing below and returning it to the separation Company at the address below. Employee may rescind her assent to this Agreement if, within seven (7) days after Employee signs this Agreement, Employee delivers by hand or sends by mail (certified, return receipt and postmarked within such seven (7) day period) a notice of Employee’s employmentrescission to the Company at 00 Xxxxxx Xxxxx Xxxx, 0xx Xxxxx Xxxxxx, XX 00000.

Employee’s Release of Claims. For Employee acknowledges that he would not be offered the payments and benefits, including the consulting arrangement, set forth in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee absent the following release of claims included in this Section 11. Employee, on behalf of Employee, Employee’s heirs, executors, administrators, successors and assigns, hereby irrevocably unconditionally releases and unconditionally releasesdischarges the Company and its officers, forever dischargesdirectors, employees, agents, successors and covenants not to xxx, or bring any other legal action against assigns (“Company with respect to any and Releasees”) from all claims (including claims for attorneys’ fees and costs), charges, actions and causes of action of any natureaction, both past demands, damages and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission liabilities of any kind occurring on or before the date character, in law or equity, suspected or unsuspected, past or present, that Employee ever had, may now have, or may later assert against any of the execution Company Releasees, arising out of or related to Employee’s prior employment or termination of such employment with the Company for any reason. To the fullest extent permitted by law, this Agreement. The Employee understands and agrees that this Agreement release includes, but is not limited to, the following: a. All : (a) claims and causes of action arising under contract, tort or other common law, including, without limitation, breach Title VII of contract, fraud, estoppel, misrepresentation, express or implied duties of good faith and fair dealing, wrongful discharge, discrimination, retaliation, harassment, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims under the AGE DISCRIMINATION IN EMPLOYMENT ACT, the Civil Rights Act of 1964, as amended, amended by the Civil Rights Act of 18661991, the Age in Discrimination Employment Act, the Older Workers Benefit Protection Act, the Workers’ Adjustment and Retraining Notification Act, the ERISA, the Family and Medical Leave Act of 1993, the Americans With with Disabilities Act and any amendments thereto, the California Family Rights Act, the California Fair Employment and Housing Act, the California Equal Pay Law, the California Confidentiality of Medical Information, the Equal Pay Act, the Fair Labor Standards ActAct and any other federal, state, or local law prohibiting age, race, color, gender, gender identification, creed, religion, sexual preference/orientation, marital status, national origin, mental or physical disability, veteran status, or any other form of unlawful discrimination or claim with respect to or arising out of Employee’s employment with or termination from the Family Company for any reason, including wage claims; (b) claims (whether based on common law or otherwise) arising out of or related to any contract (whether express or implied); (c) claims under any federal, state or local constitutions, statutes, rules or regulations; (d) claims (whether based in common law or otherwise) arising out of any kind of tortious conduct (whether intentional or otherwise) including but not limited to, wrongful termination, defamation, violation of public policy; and Medical Leave Act(e) claims included in, related to, or which could have been included in any presently pending federal, state or local lawsuit filed by Employee or on Employee’s behalf against any of the Company Releasees, which Employee agrees to immediately dismiss with prejudice. This Agreement covers both claims that Employee knows about and those that Employee may not know about. Employee expressly waives all rights afforded by any statute which limits the effect of a release with respect to unknown claims. Employee understands the significance of Employee’s release of unknown claims and Employee’s waiver of statutory protection against a release of unknown claims, including, without limitation, claims otherwise protected under California Civil Code Section 1542 (“Section 1542”) or any other applicable similar state or federal law. Section 1542 provides: Employee agrees and expressly acknowledges that this release includes a waiver and release of all claims which you have or may have under the Older Worker’s Benefit Protection Act and the Age Discrimination in Employment Act (“ADEA”). The following terms and conditions apply to and are part of the waiver and release of the Older Worker’s Benefit Protection Act claims and ADEA claims under this release: • This Agreement is written in a manner calculated to be understood by Employee. • The waiver and release of claims under the ADEA contained in this Agreement does not cover rights or claims that may arise after the date on which Employee signs this Agreement. • Employee is receiving consideration in exchange for this release in addition to anything of value to which Employee is already entitled. • Employee is hereby advised to consult an attorney before signing this Agreement, and has done so. • Employee is hereby granted not less than twenty-one (21) days after Employee is presented with this Agreement to decide whether or not to sign this Agreement. If Employee signs this Agreement prior to the expiration of such period, Employee does so voluntarily and after having had the opportunity to consult with an attorney, and is hereby waiving the remainder of the twenty-one (21) day period. • Employee has the right to revoke this Agreement within seven (7) days after signing this Agreement. In the event this Agreement is revoked, Employee understands that this Agreement will be null and void, and Employee will not be entitled to the payments and benefits provided for in this Agreement. If Employee wishes to revoke this Release, Employee shall deliver written notice stating Employee’s intent to revoke to the Company, on or before 5:00 p.m. on the seventh (7th) day after the date on which Employee signs this agreement. This Agreement shall become effective on the eighth (8th) day after Executive signs this Agreement (the “Effective Date”) This Agreement does not release any rights which as a matter of law cannot be waived, including but not limited to the rights or claims Employee may have arising under any workers’ compensation statute or to vested accrued benefits earned under an employee benefit plan maintained by the Company and governed by the Employee Retirement Income Security ActAct of 1974. Nor is this provision intended to limit Employee from instituting legal action for the sole purpose of enforcing this Agreement or from filing a charge with, or participating in an investigation conducted by, the Texas Equal Employment Opportunity Commission on Human Rights Act(“EEOC”), the Texas Labor Code, the Texas Government Code, as well as any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation or other remuneration, similar state or employment benefits or compensationfederal agency; provided, however, that this Release does not apply Employee expressly waives and relinquishes any rights Employee might have to claims for benefits under Company-sponsored benefits plans covered under ERISA (recover monetary damages or other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documents. c. All claims and causes of action for past relief, whether equitable or future loss of pay or benefitslegal, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected withsuch proceeding concerning events or actions that arose on or before the date Employee signed this Agreement and Employee agrees to notify any such agency that this Agreement constitutes a full and final settlement by Employee of all claims released hereunder. This Agreement may be pled as a full and complete defense and may be used as the basis for an injunction against any action, directly suit or indirectlyproceeding that may be prosecuted, Employee’s employment with Company, instituted or any incident attempted by Employee in breach thereof, including, without limitation, Employee’s treatment by Company; the terms and conditions of Employee’s employment; and the separation of Employee’s employment.

Employee’s Release of Claims. For and in consideration of the Severance Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably agrees, on behalf of Employee and unconditionally releasesEmployee's spouse, heirs, administrators, executors and assigns, to release and forever dischargesdischarge YRC and its divisions, affiliates, related companies, predecessors, successors, partners, members, directors, officers, trustees and covenants not to xxxemployees, or bring any other legal action against Company with respect to independent contractors, consultants, stockholders, owners, attorneys, agents, benefit plans, subrogees, insurers, representatives and assigns (collectively, the "Released Parties"), from any and all claims suits, claims, demands, and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseennature or kind whatsoever, which Employee now has or which could be asserted on Employee’s behalf by any other person or entityever had, resulting from or relating up to any act or omission of any kind occurring on or before the date of this Agreement (the execution "Release of Claims"). This Release of Claims includes, without limitation, any suits, claims, demands, or causes of action under federal, state or local laws, regulations, executive orders, common law or other source concerning civil rights, employment discrimination, employee benefits, wrongful discharge, breach of express or implied contract, promissory estoppel, defamation, emotional distress, whistleblower claims, tort, attorneys' fees or any claims which may have arisen in connection with Employee's employment with YRC or the cessation thereof. Without limiting the foregoing, the Release of Claims includes any claim Employee may have up to the date of this Agreement pursuant to the federal Age Discrimination in Employment Act, 29 U.S.C. Section 621, et seq. and the Older Workers Benefit Protection Act. Employee is not waiving any rights that cannot be waived by law. The Release of Claims does not preclude Employee from exercising Employee's rights or remedies under this Agreement. The Employee understands and agrees that this Agreement includesRelease of Claims does not limit Employee's right to participate in any proceedings before an administrative agency responsible for enforcing labor and/or employment laws, e.g., the Equal Employment Opportunity Commission, but is not limited to, it does waive Employee's right to receive any monetary awards against the following: a. All claims and causes of action Released Parties arising under contract, tort or other common law, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express or implied duties of good faith and fair dealing, wrongful discharge, discrimination, retaliation, harassment, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacyfrom such proceedings. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims under the AGE DISCRIMINATION IN EMPLOYMENT ACT, the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans With Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documents. c. All claims and causes of action for past or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, including, without limitation, Employee’s treatment by Company; the terms and conditions of Employee’s employment; and the separation of Employee’s employment.

Employee’s Release of Claims. For and in consideration of the Severance Separation Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not to xxx, or bring any other legal action against Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission of any kind occurring on or before the date of the execution of this Amended and Restated Agreement. The Employee understands and agrees that this Agreement includes, but is not limited to, the following: a. All claims and causes of action arising under contract, tort or other common law, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express or implied duties of good faith and fair dealing, wrongful discharge, discrimination, retaliation, harassment, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims under the AGE DISCRIMINATION IN EMPLOYMENT ACT, the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans With Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance separation benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documents. c. All claims and causes of action for past or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's ’s fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, including, without limitation, Employee’s treatment by Company; the terms and conditions of Employee’s employment; and the separation of Employee’s employment.

Employee’s Release of Claims. For and in consideration of the Severance Separation Payment and corresponding benefits as described in Paragraph 2 of this Agreement, Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not to xxx, or bring any other legal action against Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which Employee has or which could be asserted on Employee’s behalf by any other person or entity, resulting from or relating to any act or omission of any kind occurring on or before the date of the execution of this Agreement. The Employee understands and agrees that this Agreement includes, but is not limited to, the following: a. All claims and causes of action arising under contract, tort or other common law, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express or implied duties of good faith and fair dealing, wrongful discharge, discrimination, retaliation, harassment, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims under the AGE DISCRIMINATION IN EMPLOYMENT ACT, the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans With Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance separation benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documents. c. All claims and causes of action for past or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's ’s fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, Employee’s employment with Company, or any incident thereof, including, without limitation, Employee’s treatment by Company; the terms and conditions of Employee’s employment; and the separation of Employee’s employment.

Employee’s Release of Claims. For and in consideration of the Severance Payment and corresponding benefits Incentive Award as described in Paragraph 2 1 of this AgreementRelease, the Employee hereby irrevocably and unconditionally releases, forever discharges, and covenants not to xxx, or bring any other legal action against the Company with respect to any and all claims and causes of action of any nature, both past and present, known and unknown, foreseen and unforeseen, which the Employee has or which could be asserted on the Employee’s behalf by any other person or entity, resulting from or relating to any act or omission of any kind occurring on or before the date of the execution of this Agreement. The Employee understands and agrees that this Agreement Release includes, but is not limited to, the following: a. All claims and causes of action arising under contract, tort or other common law, including, without limitation, breach of contract, fraud, estoppel, misrepresentation, express or implied duties of good faith and fair dealing, wrongful discharge, discrimination, retaliation, harassment, negligence, gross negligence, false imprisonment, assault and battery, conspiracy, intentional or negligent infliction of emotional distress, slander, libel, defamation, refusal to perform an illegal act and invasion of privacy. b. All claims and causes of action arising under any federal, state, or local law, regulation, or ordinance, including without limitation, claims under the AGE DISCRIMINATION IN EMPLOYMENT ACTAge Discrimination in Employment Act, the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans With Disabilities Act, the Fair Labor Standards Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act, the Texas Commission on Human Rights Act, the Texas Labor Code, the Texas Government Code, as well as any claims for wages, employee benefits, vacation pay, severance pay, bonus compensation, commissions, unemployment, deferred compensation or other remuneration, or employment benefits or compensation; provided, however, that this Release does not apply to claims for benefits under Company-sponsored benefits plans covered under ERISA (other than claims for severance and severance-related benefits). Any rights to benefits (other than severance benefits) under Company-sponsored benefit plans are governed exclusively by the written plan documents. c. All claims and causes of action for past or future loss of pay or benefits, expenses, damages for pain and suffering, mental anguish or emotional distress damages, liquidated damages, punitive damages, compensatory damages, attorney's ’s fees, interest, court costs, physical or mental injury, damage to reputation, and any other injury, loss, damage or expense or any other legal or equitable remedy of any kind whatsoever. d. All claims and causes of action arising out of or in any way connected with, directly or indirectly, the Employee’s employment with the Company, or any incident thereof, including, without limitation, the Employee’s treatment by the Company; and the terms and conditions of Employee’s employment; and the separation of Employee’s employment.