Common use of Execution of Release Clause in Contracts

Execution of Release. The Employee shall not be entitled to any payments or benefits under Sections 4(d) or 4(e) unless the Employee executes and does not revoke a Release and Agreement (the “Release”), as drafted at the time of the Employee’s termination of employment, including, but not limited to: (i) an unconditional release of all rights to any claims, charges, complaints, grievances, known or unknown to the Employee, against the Company, its affiliates or assigns, through the date of the Employee’s termination from employment other than post-termination payments and benefits pursuant to this Agreement; (ii) a representation and warranty that the Employee has not filed or assigned any claims, charges, complaints, or grievances against the Company, its affiliates, or assigns; (iii) an agreement not to use, disclose or make copies of any confidential information of the Company, as well as to return any such confidential information and property to the Company upon execution of the Release; (iv) a mutual agreement to maintain the confidentiality of the Release or disclose the reasons for any termination of employment; (v) an agreement not to disparage the Company or its officers, directors, stockholders, products or business; and (vi) an agreement to indemnify the Company, or its affiliates or assigns, in the event that the Employee breaches any portion of this Agreement or the Release. Notwithstanding any provision of this Agreement to the contrary, in no event shall the timing of the Employee’s execution of the Release, directly or indirectly, result in the Employee designating the calendar year of payment, and if a payment that is subject to execution of the Release could be made in more than one taxable year, payment shall be made in the later taxable year.

Execution of Release. The Employee shall not be entitled to any payments or benefits under Sections 4(d) or 4(e) unless the Employee executes and does not revoke a Release and Agreement (the “Release”), as drafted by the Company at the time of the Employee’s termination of employment, includingwhich shall include, but not limited toto the following terms: (i) an unconditional release of all rights to any claims, charges, complaints, grievances, known or unknown to the Employee, against the Company, its affiliates or assigns, through the date of the Employee’s termination from employment other than post-termination payments and benefits pursuant to this Agreement; (ii) a representation and warranty that the Employee has not filed or assigned any claims, charges, complaints, or grievances against the Company, its affiliates, or assigns; (iii) an agreement not to use, disclose or make copies of any confidential information of the Company, as well as to return any such confidential information and property to the Company upon execution of the Release; (iv) a mutual agreement to maintain the confidentiality of the Release or disclose the reasons for any termination of employment; (v) an agreement not to disparage the Company or its affiliates, or its or their respective officers, directors, stockholders, products or business; (vi) an agreement to continue to comply with the terms of Section 5 herein; and (vivii) an agreement to indemnify the Company, or its affiliates or assigns, in the event that the Employee breaches any portion of this Agreement or the Release. Notwithstanding any provision of this Agreement to the contrary, in no event shall the timing of the Employee’s execution of the Release, directly or indirectly, result in the Employee designating the calendar year of payment, and if a payment that is subject to execution of the Release could be made in more than one taxable year, payment shall be made in the later taxable year.

Execution of Release. The Employee Executive shall not be entitled to any payments or benefits under Sections 4(d) Section 4b or 4(e) 4c above unless the Employee executes Executive timely executes, within forty-five (45) days after the effective date of the termination of the Executive’s employment, and does not revoke revoke, a Separation Agreement and Release and Agreement (the “ReleaseRelease Agreement”), as drafted at the time of the Employee’s termination of employment, including, including but not limited toto the following terms: (i) an unconditional and mutual release of all waivable rights to any claims, charges, complaints, grievances, whether known or unknown to the Employee, Executive against the Company, its affiliates and assigns, and whether known or unknown to the Company against the Executive, his heirs, executors, personal representatives, administrators, agents, and assigns, through the date of the EmployeeExecutive’s termination from of employment other than post-termination payments and benefits pursuant to and in accordance with this AgreementAgreement and other earned compensation; (ii) a representation and warranty that the Employee Executive has not filed or assigned any claims, charges, complaints, complaints or grievances against the Company, its affiliates, affiliates or assigns, except to the extent such representations and warranties are prohibited by law; (iii) an agreement not to use, disclose or make copies of any confidential information of the Company, as well as to return any such confidential information and property to the Company upon execution and to maintain the confidentiality of the Release; (iv) a mutual agreement for the Executive not to maintain make any false or defamatory remarks regarding the confidentiality Company or any of its directors and executive officers and for the Release Company and its directors and executive officers not to make any false or disclose defamatory remarks about the reasons for any termination of employment;Executive; and (v) an agreement that the Release Agreement shall not to disparage the Company or its officers, directors, stockholders, products or business; and (vi) be construed as an agreement to indemnify admission by the Company, by the Executive, or its affiliates or assigns, in by any other release of any wrongdoing. The Release Agreement shall not release the event that the Employee breaches Executive from any portion of his obligations under this Agreement or that survive the Releasetermination of the Executive’s employment by the Company. Notwithstanding any provision of this Agreement to the contrary, in no event shall the timing of the EmployeeExecutive’s execution of the ReleaseRelease Agreement, directly or indirectly, result in the Employee Executive designating the calendar year of payment, and if a payment that is subject to execution of the Release could be made in more than one taxable year, payment shall be made in the later taxable year.

Execution of Release. The Employee shall not be entitled to any payments or benefits under Sections 4(d) or 4(e) unless the Employee executes and does not revoke a Release and Agreement (the “Release”)) in favor of the Company in the form provided by the Company, as drafted at the time of the Employee’s termination of employment, including, but not limited to: (i) an unconditional release of all rights to any claims, charges, complaints, grievances, known or unknown to the Employee, against the Company, its affiliates or assigns, through the date of the Employee’s termination from employment other than post-termination payments and benefits pursuant to this Agreement; (ii) a representation and warranty that the Employee has not filed or assigned any claims, charges, complaints, or grievances against the Company, its affiliates, or assigns; (iii) an agreement not to use, disclose or make copies of any confidential information of the Company, as well as to return any such confidential information and property to the Company upon execution of the Release; (iv) a mutual agreement to maintain the confidentiality of the Release or disclose the reasons for any termination of employment; (v) an agreement not to disparage the Company or its officers, directors, stockholders, products or business; and (vi) an agreement to indemnify the Company, or its affiliates or assigns, in the event that the Employee breaches any portion of this Agreement or the Release. Notwithstanding any provision of this Agreement to the contrary, in no event shall the timing of the Employee’s execution of the Release, directly or indirectly, result in the Employee designating the calendar year of payment, and if a payment that is subject to execution of the Release could be made in more than one taxable year, payment shall be made in the later taxable year.

Execution of Release. The Employee shall not be entitled to any payments or benefits under Sections 4(d) or 4(e) unless the Employee executes and does not revoke a Release and Agreement (the “Release”), as drafted at the time of the Employee’s termination of employment, including, but not limited to: (i) an unconditional release of all rights to any claims, charges, complaints, grievances, known or unknown to the Employee, against the Company, its affiliates or assigns, through the date of the Employee’s termination from employment other than post-post- termination payments and benefits pursuant to this Agreement;; ​ (ii) a representation and warranty that the Employee has not filed or assigned any claims, charges, complaints, or grievances against the Company, its affiliates, or assigns;; ​ (iii) an agreement not to use, disclose or make copies of any confidential information of the Company, as well as to return any such confidential information and property to the Company upon execution of the Release;; ​ ​ ​ ​ (iv) a mutual agreement to maintain the confidentiality of the Release or disclose the reasons for any termination of employment; (v) an agreement not to disparage the Company or its officers, directors, stockholders, products or business; andand ​ (vi) an agreement to indemnify the Company, or its affiliates or assigns, in the event that the Employee breaches any portion of this Agreement or the Release. ​ Notwithstanding any provision of this Agreement to the contrary, in no event shall the timing of the Employee’s execution of the Release, directly or indirectly, result in the Employee designating the calendar year of payment, and if a payment that is subject to execution of the Release could be made in more than one taxable year, payment shall be made in the later taxable year.