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

Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for consideration under this Agreement to which Employee would not otherwise be entitled, Employee hereby releases, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates, of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing.

Employee’s Release of Claims. Except as otherwise set forth in As of the Effective Date of this Agreement, in exchange for consideration under this Agreement to which Employee would not otherwise be entitledRelease, Employee hereby releases, acquits expressly covenants not to xxx and forever discharges the Company, its parents releases and subsidiaries, and their officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates, of and from waives any and all claims, liabilities, demands, damages, penalties, debts, accounts, obligations, actions, grievances, and causes of actionaction (collectively, costs“Claims”), expenseswhether now known or unknown, attorneys feessuspected or unsuspected, damages, indemnities and obligations of every kind and nature, whether in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of in equity or in arbitration, of any way related kind or nature whatsoever, which Employee has or claims to agreementshave, eventsnow or hereafter, acts or conduct at any time prior to against the Employer and including the execution date of this Agreementits divisions, including but not limited to: all such claims facilities, subsidiaries and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims or demands related to salaryaffiliated entities, bonuses, commissions, stock, stock optionssuccessors and assigns, or any other ownership interests in of its or their respective past or present officers, directors, trustees, shareholders, agents, employees, attorneys, insurers, representatives (collectively, the CompanyReleases), vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, any Claims arising out of or relating in any way to Employee’s employment with the federal Employer and the termination thereof. Without limiting the foregoing, Employee hereby acknowledges and agrees that the Claims released by this Release include, but are not limited to, any and all claims which arise or could arise under Title VII of the Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Age Discrimination in Employment Act of 1990; 1967, the Federal Worker Adjustment and Retraining Notification Act (or any similar state, local or foreign law), the Employee Retirement Income Security Act of 1974, as amended ("ERISA"), the California Fair Employment and Housing Act, California statutory or common law, the Orders of the California Industrial Welfare Commission regulating wages, hours, and working conditions, and federal statutory law, or any Claim for severance pay, bonus, sick leave, disability, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. Nothing in this Release shall release any rights to indemnification Employee may have in connection with Employee’s actions legitimately taken in the course of his duties with the Employer, or to unemployment compensation benefits, workers compensation benefits, claims under the Fair Labor Standards Act, health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), or claims with regard to vested benefits under a retirement plan governed by ERISA. This Release shall not apply to any claims that may not be waived as a matter of applicable law. (a) As part of this general release, Employee expressly releases, waives and relinquishes all rights under Section 1542 of the California Civil Code which states: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Employee acknowledges that he may later discover facts in addition to or different from those which Employee now knows, or believes to be true, with respect to any of the subject matters of this Release, but that it is nevertheless Employee’s intention to settle and release any and all Claims released herein. (b) Employee warrants and represents that there is not now pending any action, complaint, petition, Employee charge, grievance, or any other form of administrative, legal or arbitral proceeding by Employee against the Employer and further warrants and represents that no such proceeding of any kind shall be instituted by or on Employee’s behalf based upon any and all Claims released herein. (c) Employee expressly acknowledges, understands and agrees that this Release includes a waiver and release of all claims which Employee has or may have under the Age Discrimination in Employment Act of 1967, as amended amended, 29 U.S.C. §621, et seq. (“ADEA”); the California Fair Employment . The following terms and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; conditions apply to and breach are part of the implied covenant waiver and release of ADEA claims under this Release: (i) Employee was advised to consult an attorney before signing this Release; (ii) Employee was granted at least twenty-one (21) days after he was presented with this Release to decide whether or not to sign this Release; (iii) Employee will have the right to revoke the waiver and release of claims under the ADEA within seven (7) days of his signing this Release, and this Release shall not become effective and enforceable until that revocation period has expired without such revocation; (iv) Employee hereby acknowledges and agrees that he is knowingly and voluntarily waiving and releasing Employee’s rights and claims in exchange for consideration (something of value) in addition to anything of value to which he is already entitled; and (v) Nothing in this Release prevents or precludes Employee from challenging or seeking a determination in good faith of the validity of this waiver under the ADEA, nor does it impose any condition precedent, penalties or costs from doing so, unless specifically authorized by federal law. Therefore, Employee may unilaterally revoke this Release at any time up to seven (7) calendar days following his execution of the Release, and fair dealingthis Release shall not become effective or enforceable until the revocation period has expired which is at 12:00:01 a.m. on the eighth day following his execution of this Release ("Effective Date"). If Employee elects to revoke this Release, such revocation must be in writing addressed to ____________, and received by him via facsimile or email no later than the end of the seventh day after Employee signed this Release. If Employee does timely revoke this Release then he shall not receive any of the benefits provided under Sections 3(a) and 3(b) in the Agreement.

Employee’s Release of Claims. Except as otherwise set forth In consideration for the promises and undertakings contained in this Agreement, including, without limitation, the consideration set forth in exchange for consideration under this Agreement to which Employee would not otherwise be entitledParagraph 4, Employee EMPLOYEE, on behalf of himself, his spouse (if any) and his marital community (if applicable), as well as EMPLOYEE’S heirs, agents, assigns, and executors, hereby releases, acquits absolves and forever discharges the CompanyCOMPANY, including its parents current and subsidiariesformer directors, and their officers, directorsrepresentatives, agents, servants, employees, attorneys, shareholderssubsidiaries, departments, units, parent corporations, sister corporations, joint ventures, and related entities, as well as its predecessors, successors, and assigns and affiliates(including its 401(k) plan) (collectively referred to as “RELEASED PARTIES”), of and from any and all claims, liabilitiesdemands, demandscontracts, costs, actions, suits, causes of action, costswages, expenses, attorneys feesobligations, damages, indemnities judgments, orders and obligations liabilities of every whatever kind and or nature, in lawincluding specifically, equitybut not exclusively, or otherwiseany and all claims, demands, agreements, obligations, and causes of action, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out or unknown at the time of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly suspected or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action unsuspected by EMPLOYEE including, but not limited to, any and all claims under Title VII of the federal Civil Rights Act of 1964, as amended; the federal Family and Medical Leave Act; the Americans with Disabilities Act of 1990Act; the federal Age Discrimination in Employment Employee Retirement Income Security Act of 1967, as amended (“ADEA”ERISA); the National Labor Relations Act; the California Fair Employment and Housing Act, as amendedthe California Labor Code, California Government Code section 12900; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distressall federal, state, and local civil rights laws, statutes, regulations, ordinances, or orders; and breach any other provision or theory of law arising out of any federal or state constitution, statute, regulation, ordinance, civil code, administrative code, or common law, either in tort or in contract, including, but not limited to, all claims arising out of or incident to EMPLOYEE’s employment with COMPANY and the circumstances of the implied covenant termination of good faith EMPLOYEE’s employment by COMPANY. This Agreement does not release any claims arising after the SEPARATION DATE, any vested account balance under the COMPANY’s 401(k) Plan, any vested rights under any COMPANY-sponsored or administered welfare benefit plan, or any claims that cannot be released as a matter of law, including, but not limited to, EMPLOYEE’S right to file a charge with or participate in a charge by the Equal Employment Opportunity Commission, or any other local, state, or federal administrative body or government agency that is authorized to enforce or administer laws related to employment, against the COMPANY (with the understanding that any such filing or participation does not give EMPLOYEE the right to recover any monetary damages against the COMPANY; EMPLOYEE’S release of claims herein bars EMPLOYEE from recovering such monetary relief from the COMPANY). EMPLOYEE agrees that the release set forth in this section shall be and fair dealingremain in effect in all respects as a complete general release as to the matters released. This release does not extend to any obligations incurred under this Agreement. EMPLOYEE represents that he has made no assignment or transfer of any right, claim, complaint, charge, duty, obligation, demand, cause of action, or other matter waived or released by this Section. a) EMPLOYEE represents and warrants that: he has fully complied with the COMPANY’s Code of Conduct and Employee Handbook during his employment with the COMPANY; and he is not aware of any act, failure to act, policy or activity of the COMPANY or any other Released Party which EMPLOYEE considers to be or to have been unlawful or potentially unlawful. b) EMPLOYEE is advised of his right to consult with an attorney of his own choosing, at EMPLOYEE’s expense, before executing this Agreement. EMPLOYEE further acknowledges and represents that he discussed all aspects of this Agreement with counsel of his choosing, or had the opportunity to do so; that he has carefully read and fully understands all of the provisions of this Agreement, including the fact that he is releasing claims and potential claims against the COMPANY and RELEASED PARTIES; and that he is entering into this Agreement, without coercion, and with full knowledge of its significance and the legal consequences thereof. c) This Agreement must be signed and delivered to Xxxxxxxx Xxxxxxxxx, 00 X. Xxx Xxxxxx Xxxx #000, Xxxxx, XX 00000, xxxxxxxx.xxxxxxxxx@xxxxxxxx.xxx, by no later than March 2, 2016, in order to be effective. d) COMPANY’S Release of Claims: Company, on behalf of itself and its predecessor and successor corporations and assigns, hereby and forever releases Employee, and agrees not to xxx Employee concerning, or in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, or cause of action relating to any matters of any kind, that Company’s Chief Executive Officer or President has knowledge of against Employee arising from any omissions, acts, facts, or damages that have occurred up until and including the Effective Date of this Agreement, including, without limitation any and all claims relating to or arising from Employee’s employment relationship with the Company and the termination of that relationship. This release does not release claims that cannot be released as a matter of law. The Company represents that it has made no assignment or transfer of any right, claim, complaint, charge, duty, obligation, demand, cause of action, or other matter waived or released by this Section.

Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for consideration under this Agreement to which Employee would not otherwise be entitled, Employee hereby releases, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates, of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s 's employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“"ADEA”"); the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing.

Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for the consideration under provided to Employee by this Agreement to which that Employee would is not otherwise be entitledentitled to receive, Employee hereby releasesgenerally and completely releases the Company and its directors, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directorsemployees, shareholders, partners, agents, servants, employees, attorneys, shareholderspredecessors, successors, assigns parent and subsidiary entities, insurers, affiliates, of and assigns from any and all claims, liabilitiesliabilities and obligations, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, both known and unknown, suspected and unsuspectedthat arise out of or are in any way related to events, disclosed and undisclosedacts, conduct, or omissions occurring prior to Employee signing this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company and its parent and subsidiary entities or the termination of that employment; claims , including but not limited to any claim by Employee arising out of, based upon, or demands related to the First Amended Agreement; (2) all claims related to Employee’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the CompanyCompany or its assets; (3) all claims for breach of contract, vacation paywrongful termination, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; (5) all claims related to rights in inventions, patents, and any and all claims under or pursuant to the 1957 German Law of Employee Inventions (Arbeitnehmer – erfindegesetz); and (6) all federal, state, and local statutory claims, including claims for benefits, discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Employee Retirement Income Security Act, the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), California Labor Code §970, and the California Fair Employment and Housing Act (as amended).

Employee’s Release of Claims. Except as otherwise set forth in this Agreement3.1 Employee, in exchange on behalf of Employee, Employee’s spouse, heirs, executors, administrators, successors and assigns, hereby unconditionally releases and discharges Employer (“Releasee”) from all claims (including claims for consideration under this Agreement to which Employee would not otherwise be entitledattorneys’ fees and costs), Employee hereby releasescharges, acquits actions and forever discharges the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates, of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys feesdemands, damages, indemnities and obligations liabilities of every any kind and natureor character, in law, law or equity, suspected or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosedpast or present, that Employee ever had, may now have, or may later assert against any Releasee, arising out of or in any way related to agreementsEmployee’s employment or termination of employment with Employer. To the fullest extent permitted by law, eventsthis release includes, acts or conduct at any time prior to and including the execution date of this Agreement, including but is not limited to: all such (a) claims and demands directly or indirectly arising out under Title VII of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; amended by the federal Americans with Disabilities Civil Rights Act of 1990; 1991, the federal Age Discrimination in Employment Act (which prohibits discrimination on the basis of 1967age), as amended the Older Workers Benefit Protection Act, the Workers’ Adjustment and Retraining Notification Act, the ERISA, the Family and Medical Leave Act of 1993, the ADA, the Fair Labor Standards Act, and any other federal, state, or local law prohibiting age, race, color, gender, 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 Employer, 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 on 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 (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 Releasee, which Employee agrees to immediately dismiss with prejudice. 3.2 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 (“ADEASection 1542”)) or any other applicable similar state or federal law. Section 1542 provides: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” 3.3 This Agreement does not release any rights which as a matter of law cannot be waived. 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 Equal Employment Opportunity Commission (“EEOC”) or similar state or federal agency; provided, however, that Employee expressly waives and relinquishes any rights Employee might have to recover monetary damages or other relief, whether equitable or legal, in any such proceeding concerning events or actions that arose on or before the California Fair Employment date Employee signed this Agreement and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; Employee agrees to notify any such agency that this Agreement constitutes a full and breach final settlement by Employee of the implied covenant of good faith and fair dealingall claims released hereunder.

Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for consideration under this Agreement to which Employee would not otherwise be entitled, Employee hereby releases, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliatesaffiliates (collectively, the “Releasees”), of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; all claims or demands related to salary, bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; all claims pursuant to any federal, state or local law, statute, statute or cause of action including, but not limited to, the federal Age Discrimination in Employment Act, as amended; the Civil Rights Act of 1964, as amended; the federal Americans with With Disabilities Act of 1990; the federal Age Discrimination in Employment Worker Adjustment and Retraining Notification Act of 1967, as amended (“ADEA”); the California Fair Employment and Housing Act1988, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Family and Medical Leave Act of 1993, as amended; the Massachusetts Fair Employment Practices Act, Civil Rights Act, Equal Pay Act, Maternity Leave Act, Privacy Statute, Consumer Protection Act, and labor code; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; and all claims that might be made by any other person or organization on Employee’s behalf (and Employee specifically waives any right to recover damage awards in any case in which a claim is made by another person or organization on Employee’s behalf). Notwithstanding the foregoing, nothing in this Agreement shall bar or prohibit Employee from contacting, seeking assistance from or participating in any proceeding before any federal or state administrative agency to the extent permitted by applicable federal, state and/or local law (but Employee acknowledges that Employee may not be able to recover any monetary benefits in connection with any such participation or proceeding), nor shall anything in this paragraph bar or prohibit Employee from enforcing Employee’s rights or the Company’s obligations under this Agreement. This Agreement is not intended to, and does not govern, any claims that cannot be release by private agreement.

Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for the consideration under provided to Employee by this Agreement to which that Employee would is not otherwise be entitledentitled to receive, Employee hereby releasesgenerally and completely releases the Company and its directors, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directorsemployees, shareholders, partners, agents, servants, employees, attorneys, shareholderspredecessors, successors, assigns parent and subsidiary entities, insurers, affiliates, of and assigns from any and all claims, liabilitiesliabilities and obligations, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, both known and unknown, suspected and unsuspectedthat arise out of or are in any way related to events, disclosed and undisclosedacts, conduct, or omissions occurring prior to Employee signing this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; claims , including but not limited to any claim arising out of, based upon, or demands related to the Second Employment Agreement; (2) all claims related to Employee’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (3) all claims for breach of contract, vacation paywrongful termination, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for benefits, discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Employee Retirement Income Security Act, the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), California Labor Code §970, and the California Fair Employment and Housing Act (as amended).

Employee’s Release of Claims. Except as otherwise set forth in this Agreement, in exchange for the consideration under provided to Employee by this Agreement to which that Employee would is not otherwise be entitledentitled to receive, Employee hereby releasesgenerally and completely releases the Company and its directors, acquits and forever discharges the Company, its parents and subsidiaries, and their officers, directorsemployees, shareholders, partners, agents, servants, employees, attorneys, shareholderspredecessors, successors, parent and subsidiary entities, insurers, Affiliates, and assigns and affiliates, of and from any and all claims, liabilitiesliabilities and obligations, demands, causes of action, costs, expenses, attorneys fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, both known and unknown, suspected and unsuspectedthat arise out of or are in any way related to events, disclosed and undisclosedacts, conduct, or omissions occurring prior to Employee signing this Agreement. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the execution date of this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with Employee’s employment with the Company or the termination of that employment; (2) all claims or demands related to Employee’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (3) all claims for breach of contract, vacation paywrongful termination, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), and the California Fair Employment and Housing Act (as amended).