Common use of Executive Release Clause in Contracts

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective predecessors, successors and assigns and its respective past and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalf.

Executive Release. The ExecutiveExecutive agrees, ON BEHALF OF HIMSELFfor himself, HIS SPOUSEhis spouse, ATTORNEYSheirs, HEIRSexecutor or administrator, EXECUTORSassigns, ADMINISTRATORSinsurers, AGENTSattorneys and other persons or entities acting or purporting to act on his behalf, ASSIGNS AND ANY TRUSTSto irrevocably and unconditionally release, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES acquit and forever discharge the Company, its respective predecessorsaffiliates, successors and assigns and its respective past and present stockholders, memberssubsidiaries, directors, officers, employees, shareholders, partners, agents, representatives, principalspredecessors, insurers successors, assigns, insurers, attorneys, benefit plans sponsored by the Company and attorneys said plans’ fiduciaries, agents and trustees (together the collectively, “Company Parties”) ), from any and all actions, cause of action, suits, claims, obligations, liabilities, debts, demands, liabilities, suitscontentions, damages, lossesjudgments, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT levies and executions of any kind and every nature whatsoeverkind, and WHETHER OR NOT ACCRUED OR MATUREDwhether in law or in equity, known or unknown, which the Executive has, or has had, against any of them have or may have, the Company Parties as of the date of execution of this Release arising out of or relating to the Executive’s employment or separation from service with the Company. This Release specifically includes without limitation any transaction, dealing, relationship, conduct, act claims arising in tort or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited tocontract, any claim against the Company Parties based on, relating to or arising under on wrongful discharge, any claim based on breach of contract (whether oral contract, any claim arising under federal, state or written)local law prohibiting race, tortsex, fraud (but excluding fraudulent inducement into signing this Release)age, defamationreligion, negligencenational origin, promissory estoppelhandicap, retaliatory dischargedisability or other forms of discrimination, any claim arising under federal, state or local law concerning employment practices, and any claim relating to compensation or benefits. This specifically includes, without limitation, any claim which the Executive has or has had under Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967Act, as amended, the Americans with Disabilities Act, Section 409A of as amended, and the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or . Nothing herein shall release the Company Parties from their respective obligations any claims or damages based on (i) under any right the Agreement that expressly survive termination of employment Executive may have to enforce this Release or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under any right or claim that arises after the Company’s benefit plans and agreements that expressly survive termination date of employment, including without limitation the Company’s equity incentive plansthis Release, (iii) in respect any right the Executive may have to benefits or entitlements under any applicable plan, agreement, program, award, policy or arrangement of the Company, (iv) the Executive’s services as an officer or director of eligibility for indemnification in accordance with the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, or the certificates certificate of incorporation or and by-laws (or like constitutive documents) of the Company Company, or any of its subsidiaries [in effect applicable insurance policy, with respect to any liability the Executive incurs or incurred as an employee or officer of the date hereof Company, or (v) any right the Executive may have to obtain contribution as provided permitted by law] or [(iv) insert at law in the time event of termination entry of judgment against the Executive as a description result of any other agreements with act or failure to act for which the Executive and the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalfare jointly liable.

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective predecessors, successors and assigns and its respective past and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding including fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreementemployment, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, as provided by law or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalf.

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “"EXECUTIVE PARTIES”"), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective affiliates, parent, subsidiaries, predecessors, successors and assigns and its their respective past and present stockholders, members, directors, officers, employeesexecutives, agents, representatives, principals, insurers and attorneys attorneys, in their individual, corporate and official capacities (together the “"Company Parties”") from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ ' fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT CONTINGENT, of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding including fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, the application of Section 409A of the Internal Revenue Code of 1986, as amended, the Family and Medical Leave Act, the Fair Labor Standards Act, the National Labor Relations Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Immigration Reform Control Act, the Genetic Information Non-Discrimination Act, and the Equal Pay Act, as well as all federal and state executive orders including Executive Order 11246, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s 's employment by the Company or his services as an officer or employee Executive of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “''Claims”"); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive survives termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreementemployment, (ii) under the Company’s 's benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s 's equity incentive plans, or (iii) in respect of the Executive’s 's services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, as provided by law or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]subsidiaries. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalf; except, nothing in this Release prevents Executive from filing a charge or claim with a federal, state or local administrative agency, although by signing this Release, Executive waives his right to recover any damages other relief in any claim or suit brought by Executive or by or through such agency, except where prohibited by law.

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective predecessors, successors and assigns and its respective past and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding including fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreementemployment, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, as provided by law or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalf.

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE In partial consideration of a portion of the payments and benefits described in the employment agreement (TOGETHER, THE the “EXECUTIVE PARTIESAgreement”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES effective October 2, 2004, by and between Xxxx X. Xxxxxx (the “Executive”) and Playtex Products, Inc. (the “Company”), to which the Executive agrees the Executive is not otherwise entitled, the Executive, for and on behalf of himself and his heirs and assigns, subject to the following two sentences hereof, hereby waives and releases any common law, statutory or other complaints, claims, charges or causes of action of any kind whatsoever, both known and unknown, in law or in equity, which the Executive ever had, now has or may have against the Company and any of its shareholders who at any time on and after January 1, 1995 held in excess of five percent (5%) of the Company’s outstanding capital stock, its and any of their respective subsidiaries, affiliates, predecessors, successors and assigns and its respective past and present stockholderssuccessors, membersassigns, directors, officers, partners, members, employees, agentsagents (collectively, representatives, principals, insurers and attorneys (together the “Company PartiesReleasees”) from any and all claimsby reason of facts or omissions which have occurred on or prior to the date that the Executive signs this Release, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited towithout limitation, any claim against the Company Parties based oncomplaint, relating to charge or cause of action arising under wrongful dischargefederal, breach state or local laws pertaining to employment, including the Age Discrimination in Employment Act of contract 1967 (whether oral or written“ADEA,” a law which prohibits discrimination on the basis of age), tortthe National Labor Relations Act, fraud (but excluding fraudulent inducement into signing this Release)the Civil Rights Act of 1991, defamation, negligence, promissory estoppel, retaliatory dischargethe Americans With Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, all as amended; and all other federal, state and local laws and regulations. By signing the Release, the Executive acknowledges that he intends to waive and release any rights known or unknown that he may have against the Releasees under these and any other civil laws; provided, that the Executive does not waive or human rights lawrelease claims with respect to the right to enforce Sections 6, 7, 8 and 9 of the Agreement, the Age Discrimination Non Qualified Stock Option Agreement (as defined in Employment Act of 1967the Agreement), Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, Restricted Stock Award Agreement and (as amended (defined in the “Code”Agreement) or any other applicable provisions of rights under any plan governed by the Code, Employee Retirement Income Security Act of 1974, as amendedamended (the “Unreleased Claims”). Notwithstanding the foregoing, the Executive does not release, discharge or waive any other federalrights to indemnification that he may have under the certificate of incorporation, state the by-laws or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee equivalent governing documents of the Company or its subsidiaries or affiliates, the laws of the State of Delaware or any other state of its subsidiarieswhich such subsidiary or affiliate is a domiciliary, or otherwise relating to any indemnification agreement between the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under Executive and the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant rights to insurance coverage under any director directors’ and officer indemnification agreements officers’ personal liability insurance or fiduciary insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalfpolicy.

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective predecessors, successors and assigns and its respective past and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding including fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreementemployment, (ii) under the Company’s benefit plans and agreements (excluding the Acxiom Corporation, Inc. 2010 Executive Officer Severance Policy) that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, as provided by law or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalf.

Executive Release. The ExecutiveEmployee, ON BEHALF OF HIMSELF, HIS SPOUSEHERSELF, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS HER CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE EMPLOYEE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective affiliates, parent, subsidiaries, predecessors, successors and assigns and its their respective past and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding including fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, the application of Section 409A of the Internal Revenue Code of 1986, as amended, the Family and Medical Leave Act, the Fair Labor Standards Act, the National Labor Relations Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Immigration Reform Control Act, the Genetic Information Non-Discrimination Act, and the Equal Pay Act, as well as all federal and state executive orders including Executive Order 11246, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the ExecutiveEmployee’s employment by the Company or his her services as an officer or employee of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive survives termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreementemployment, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, or (iii) in respect of the ExecutiveEmployee’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, as provided by law or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]subsidiaries. The ExecutiveEmployee, ON BEHALF OF HIMSELF HERSELF AND THE EXECUTIVE EMPLOYEE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his her control, will initiate any such proceeding on his her or their behalf.

Executive Release. The In consideration of the obligations the Company in Section 4(c) of the Employment Agreement and General Release between Executive and the Company dated August 6, 2002 (the "August Agreement") and as a material inducement to the Company to enter into this Agreement, Executive, ON BEHALF OF HIMSELFon behalf of Executive, HIS SPOUSEExecutive's heirs, ATTORNEYSestate, HEIRSexecutors, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective predecessorsadministrators, successors and assigns assigns, does hereby irrevocably and its respective past unconditionally release, acquit and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys forever discharge each of the Releasees (together the “Company Parties”as defined below) from any and all claimsactions, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWNsuits, CONTINGENT OR NON-CONTINGENT debts, administrative or agency charges, dues, sums of money, accounts, claims, reckonings, complaints, liabilities, obligations, agreements, promises, damages, demands, judgments, options, shares, controversies, variances, trespasses, costs, losses, expenses and legal fees and expenses of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATUREDknown or unknown, suspected or unsuspected, which Executive or Executive's heirs, estate, executors, administrators, successors and assigns ever had, now have or hereafter can, shall or may have against each or any of them have the Releasees by reason of any matter, cause or may havething whatsoever from the beginning of the world to the date of this Agreement, whether or not arising out of or relating to any transactionin connection with Executive's employment or termination of employment, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, including but not limited to: any and all rights and claims under federal, any claim against state or local laws, regulations or requirements, the Company Parties based onAge Discrimination in Employment Act, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory dischargethe Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A 1981 of Title 42 of the Internal Revenue Code United States Code, the Family and Medical Leave Act, the Workers Adjustment and Notification Act, the laws of the State of New York and all localities therein, the laws of the State of New Jersey and all localities therein, the constitution of the States of New York and New Jersey, the New York Labor Law, the New York State Executive Law (including New York State's Human Rights Law), any and all rights and claims relating to defamation, discrimination (on the basis of sex, race, color, national origin, religion, age, disability or 1986otherwise), workers' compensation, fraud, misrepresentation, breach of contract, intentional or negligent infliction of emotional distress, breach of any covenant of good faith and fair dealing, negligence, tort claims, implied or express, claims of fraudulent inducement, retaliation, wrongful termination, severance, pension, wrongful employment practices or relating to Executive's employment with, or separation of employment from, the Company, any and all rights and claims under any and all employment agreements, arrangements or offer letters (including but not limited to the Employment Agreement referencing an execution date of November 18, 1996, as amended by (x) Amendment No. 1 to Employment Agreement referencing an execution date of October 21, 1998, (y) Amendment No. 2 to Employment Agreement referencing an execution date of November 2, 1999 and (z) Amendment No. 3 to Employment Agreement referencing an execution date of November 1, 2001 and the “Code”) August Agreement (collectively, the "Prior Agreements")), any and all rights to options or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, or any other federal, state or local law relating to employment or discrimination equity interests in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee of the Company or any of its subsidiariesAffiliates or any other rights or claims arising under any federal, state or otherwise relating local law, statute, regulation or case law except and only to the termination of such employment or the Agreement (collectively, “Claims”limited extent otherwise expressly provided in this Paragraph 1(a); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalf.

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective Affiliates, subsidiaries, predecessors, successors and assigns and its their respective past and present stockholders, members, directors, officers, employeesexecutives, agents, representatives, principals, insurers and attorneys attorneys, in their individual, corporate and official capacities (together the “Company Parties”) from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT CONTINGENT, of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE AGREEMENT (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, COVID-19, breach of contract (whether oral or written), tort, fraud (but excluding including fraudulent inducement into signing this ReleaseAgreement), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, the application of Section 409A of the Internal Revenue Code of 1986, as amended (the “Code”), the Family and Medical Leave Act, the Fair Labor Standards Act, the National Labor Relations Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Immigration Reform Control Act, the Genetic Information Non-Discrimination Act, and the Equal Pay Act, as well as all federal and state executive orders including Executive Order 11246, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee executive of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Transition Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Transition Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Employment Termination under the AgreementDate, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employmentthe Employment Termination Date, including without limitation the Company’s equity incentive plans, or (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, as provided by law or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalfsubsidiaries.

Executive Release. The ExecutiveXxxxx, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE XXXXX PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective predecessors, successors and assigns and its respective past and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding including fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s Xxxxx’x employment by the Company or his services as an officer or employee of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreementemployment, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s Xxxxx’x services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, as provided by law or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s Xxxxx’x termination]. The ExecutiveXxxxx, ON BEHALF OF HIMSELF AND THE EXECUTIVE XXXXX PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalf.

Executive Release. The In consideration of the Company's agreements in Sections 4(b), 4(c), 5(b) and 7 hereof, and as a material inducement to the Company to enter into this Agreement, Executive, ON BEHALF OF HIMSELFon behalf of Executive, HIS SPOUSEExecutive's heirs, ATTORNEYSestate, HEIRSexecutors, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective predecessorsadministrators, successors and assigns assigns, does hereby irrevocably and its respective past unconditionally release, acquit and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys forever discharge each of the Releasees (together the “Company Parties”as defined below) from any and all claimsactions, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWNsuits, CONTINGENT OR NON-CONTINGENT debts, administrative or agency charges, dues, sums of money, accounts, claims, reckonings, complaints, liabilities, obligations, agreements, promises, damages, demands, judgments, options, shares, controversies, variances, trespasses, costs, losses, expenses and legal fees and expenses of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATUREDknown or unknown, suspected or unsuspected, which Executive or Executive's heirs, estate, executors, administrators, successors and assigns ever had, now have or hereafter can, shall or may have against each or any of them have the Releasees by reason of any matter, cause or may havething whatsoever from the beginning of the world to the date of this Agreement, whether or not arising out of or relating to any transactionin connection with Executive's employment or termination of employment, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, including but not limited to: any and all rights and claims under federal, any claim against state or local laws, regulations or requirements, the Company Parties based onAge Discrimination in Employment Act, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory dischargethe Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A 1981 of Title 42 of the Internal Revenue Code or 1986United States Code, as amended (the “Code”) or any other applicable provisions Family and Medical Leave Act, the Workers Adjustment and Notification Act, the laws of the CodeState of New York and all localities therein, Employee Retirement Income Security Act the laws of 1974the State of New Jersey and all localities therein, as amendedthe constitution of the States of New York and New Jersey, or the New York Labor Law, the New York State Executive Law (including New York State's Human Rights Law), any other federal, state or local law and all rights and claims relating to defamation, discrimination (on the basis of sex, race, color, national origin, religion, age, disability or otherwise), workers' compensation, fraud, misrepresentation, breach of contract, intentional or negligent infliction of emotional distress, breach of any covenant of good faith and fair dealing, negligence, tort claims, implied or express, claims of fraudulent inducement, retaliation, wrongful termination, severance, pension, wrongful employment or discrimination in employment) arising out of practices or relating to Executive's employment with, or separation of employment from, the Executive’s Company, any and all rights and claims under any and all employment by agreements, arrangements or offer letters (including but not limited to the Company Prior Employment Agreement), any and all rights to options or his services as an officer or employee of other equity interests in the Company or any of its Affiliates or any other rights or claims arising under any federal, state or local law, statute, regulation or case law except and only to the limited extent otherwise expressly provided in this Section 5(a). As used in this Agreement, the term "Releasees" is a collective reference to the Company and each of its present, former and future stockholders, subsidiaries, or otherwise relating Affiliates, successors, assigns and employee benefit plans, and each of its directors, officers, employees, trustees, representatives, insurers and agents, each in their official and individual capacities. As used in this Agreement, the term "Affiliates" is a reference to all affiliates within the meaning of Rule 405 under the Securities Act of 1933, as amended. Notwithstanding anything in this Section 5(a) to the termination contrary, nothing in this Section 5(a) shall be deemed to be a release of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) Executive's vested rights, if any, under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the AgreementCompany's 401(k) plan, (ii) Executive's rights under the Company’s benefit plans and option agreements that expressly survive termination of employmentdated (a) January 6, including without limitation the Company’s equity incentive plans1997, (iiib) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiariesDecember 12, pursuant to any director and officer indemnification agreements or insurance policies1997, or the certificates of incorporation or by-laws (or like constitutive documentsc) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [December 9, 1998, (ivd) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The ExecutiveAugust 5, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES1999, hereby represents and warrants that no other person or entity has initiated or(e) April 4, to the extent within his control, will initiate any such proceeding on his or their behalf.2001,

Executive Release. The In consideration for the benefits described herein, and for other good and valuable consideration, which are of greater value than Executive would normally be entitled upon resignation, Executive, ON BEHALF OF HIMSELFon behalf of herself, HIS SPOUSEher heirs, ATTORNEYSexecutors, HEIRSadministrators, EXECUTORSattorneys, ADMINISTRATORSagents, AGENTSrepresentatives and assigns, ASSIGNS AND ANY TRUSTShereby forever releases Company and its Affiliates, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BYand each of their officers, THROUGH OR UNDER THE EXECUTIVE (TOGETHERdirectors, THE “EXECUTIVE PARTIES”)trustees, HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Companyowners, its respective shareholders, employees, insurers, benefit plans, agents, attorneys and representatives, and each of their predecessors, successors and assigns and its respective past and present stockholders(collectively, members“Releasees”), directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from any and all claims, demands, liabilitiessuits, suitsactions, damages, losses, expenses, attorneys’ fees, obligations charges or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT action of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATUREDwhether known or unknown, which relating in any of them have or may have, arising out of or relating way to any transactionact, dealingomission, event, relationship, conduct, act policy or omissionpractice prior to the Effective Date, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, including without limitation based on any claim against agreements between Executive and the Company Parties or based onon her employment with Company and the termination thereof (“Claims”). This release includes without limitation Claims for discrimination, relating to harassment, retaliation or arising any other violation under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory dischargethe Age Discrimination in Employment Act, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A the District of the Internal Revenue Code or 1986Columbia Human Rights Act, as amended (the “Code”) or and any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, or any Claims under all other federal, state or local law laws; Claims for breach of contract; Claims for wrongful discharge; Claims for emotional distress, defamation, fraud, misrepresentation or any other personal injury; Claims for unpaid compensation; Claims relating to employment benefits; Claims for attorneys' fees and costs, Claims for reinstatement or discrimination in employment) arising out ; and all other Claims under any federal, state or local law or cause of action. Executive represents that she has not filed or relating joined any such Claims, and she further agrees not to pursue or bring any such Claim seeking monetary or other relief. It is understood and agreed that this release does not apply to claims for breach of this Agreement or any grant referenced pursuant to this Agreement, Claims for any vested benefits or Claims that cannot be released by law including claims for unemployment insurance, worker’s compensation benefits, state disability compensation or previously vested benefits under any Company-sponsored benefits plan. Notwithstanding anything to the Executive’s employment by contrary herein, Company shall not be released from any obligations it may have under the Indemnification Agreement between Company and Executive dated March 29, 2017 (the “Indemnification Agreement”), which shall remain in full force and effect pursuant to its terms. Notwithstanding anything to the contrary herein, Executive understands that nothing in this Agreement or any other agreement that Executive may have with the Company restricts or his services as an officer prohibits Executive from initiating communications directly with, responding to any inquiries from, providing testimony before, providing confidential information to, reporting possible violations of law or employee of the Company or any of its subsidiariesregulation to, or otherwise relating from filing a claim or assisting with an investigation directly with a self-regulatory authority or a government agency or entity, including but not limited to the termination Securities Exchange Commission and the federal Office of such employment or the Agreement Occupational Health (collectively, “ClaimsGovernment Agencies”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) making other disclosures that are protected under the Agreement that expressly survive termination whistleblower provisions of employment state or by their terms are required to be federal law or only capable of being performed following the Date of Termination under the Agreementregulation, (ii) under and Executive does not need the Company’s benefit plans and agreements prior authorization to engage in such conduct. Notwithstanding, in making any such disclosures or communications, Executive must take all reasonable precautions to prevent any unauthorized use or disclosure of any information that expressly survive termination of employment, including without limitation may constitute Confidential Information (as defined herein) to any parties other than the Company’s equity incentive plans, (iii) in respect of the Government Agencies. This Agreement does not limit Executive’s services as right to receive an officer or director of the Company or any of its subsidiaries, pursuant award for information provided to any director and officer indemnification agreements or insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalfGovernment Agencies.

Executive Release. The ExecutiveIn consideration of the Company’s obligations set forth in this Transition Agreement, ON BEHALF OF HIMSELFincluding but not limited to the payments and benefits described in Paragraphs 2 and 3 above, HIS SPOUSEExecutive voluntarily, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES knowingly and willingly releases and forever discharges the Company, and its Affiliates, together with their respective present or former officers, directors, partners, shareholders, employees, and each of their predecessors, successors and assigns assigns, in their individual and its respective past and present stockholdersofficial capacities (collectively, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company PartiesReleasees”) from any and all rights, claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWNcharges, CONTINGENT OR NON-CONTINGENT demands, damages and liabilities of every kind whatsoever, known or unknown, which Executive or Executive’s executors, administrators, successors or assigns ever had, now have or hereafter can, shall or may have by reason of any kind and every nature whatsoevermatter, and WHETHER OR NOT ACCRUED OR MATURED, which any cause or thing whatsoever arising from the beginning of them have or may have, arising out of or relating time to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE the time Executive signs this Transition Agreement (includingthe “Release”). This Release includes, but is not limited to, any claim against rights or claims relating in any way to Executive’s employment relationship with the Company Parties based onor any of the Releasees, relating to or the separation of Executive’s employment, any rights or claims arising under wrongful dischargeany statute or regulation, breach of contract (whether oral or written), tort, fraud (but excluding fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory dischargeincluding without limitation, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights lawthe Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, Americans with Disabilities ActAct of 1990, Section 409A the Family and Medical Leave Act of 1993, the Internal Revenue Code or 1986Equal Pay Act of 1963, as amended (the “Code”) or any other applicable provisions Rehabilitation Act of 1973, the Code, Employee Retirement Income Security Act of 1974, the anti-retaliation provisions of the Fair Labor Standards Act, the Genetic Information Nondiscrimination Act, the National Labor Relations Act, the Fair Credit Reporting Act, Section 1981 of the Civil Rights Act of 1866, the Worker Adjustment Retraining and Notification (“WARN”) Act and any state WARN statutes, each of the foregoing as amended, or and any other federal, state or local law relating to employment law, regulation, ordinance or discrimination in employment) arising out of common law, or relating to the Executive’s employment by under any plan, program, policy, agreement, contract, understanding or promise, written or oral, formal or informal, between the Company or his services as an officer or employee and Executive, including but not limited to, any claim for severance pay, attorney’s fees, costs, and/or other fringe benefit of the Company Company, and any and all claims for alleged tortious, defamatory or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalffraudulent conduct.

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE In partial consideration of a portion of the payments and benefits described in the employment agreement (TOGETHER, THE the “EXECUTIVE PARTIESAgreement”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES effective October 2, 2004, by and between Xxxx X. XxXxx (the “Executive”) and Playtex Products, Inc. (the “Company”), to which the Executive agrees the Executive is not otherwise entitled, the Executive, for and on behalf of himself and his heirs and assigns, subject to the following two sentences hereof, hereby waives and releases any common law, statutory or other complaints, claims, charges or causes of action of any kind whatsoever, both known and unknown, in law or in equity, which the Executive ever had, now has or may have against the Company and any of its shareholders who at any time on or after January 1, 1995 held in excess of five percent (5%) of the Company’s outstanding capital stock, its and any of their respective subsidiaries, affiliates, predecessors, successors and assigns and its respective past and present stockholderssuccessors, membersassigns, directors, officers, partners, members, employees, agentsagents (collectively, representatives, principals, insurers and attorneys (together the “Company PartiesReleasees”) from any and all claimsby reason of facts or omissions which have occurred on or prior to the date that the Executive signs this Release, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited towithout limitation, any claim against the Company Parties based oncomplaint, relating to charge or cause of action arising under wrongful dischargefederal, breach state or local laws pertaining to employment, including the Age Discrimination in Employment Act of contract 1967 (whether oral or written“ADEA,” a law which prohibits discrimination on the basis of age), tortthe National Labor Relations Act, fraud (but excluding fraudulent inducement into signing this Release)the Civil Rights Act of 1991, defamation, negligence, promissory estoppel, retaliatory dischargethe Americans With Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, all as amended; and all other federal, state and local laws and regulations. By signing the Release, the Executive acknowledges that he intends to waive and release any rights known or unknown that he may have against the Releasees under these and any other civil laws; provided, that the Executive does not waive or human rights lawrelease claims with respect to the right to enforce Sections 6, 7, 8 and 9 of the Agreement, the Age Discrimination Non Qualified Stock Option Agreement (as defined in Employment Act of 1967the Agreement), Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, Restricted Stock Award Agreement and (as amended (defined in the “Code”Agreement) or any other applicable provisions of rights under any plan governed by the Code, Employee Retirement Income Security Act of 1974, as amendedamended (the “Unreleased Claims”). Notwithstanding the foregoing, the Executive does not release, discharge or waive any other federalrights to indemnification that he may have under the certificate of incorporation, state the by-laws or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee equivalent governing documents of the Company or its subsidiaries or affiliates, the laws of the State of Delaware or any other state of its subsidiarieswhich such subsidiary or affiliate is a domiciliary, or otherwise relating to any indemnification agreement between the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under Executive and the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant rights to insurance coverage under any director directors’ and officer indemnification agreements officers’ personal liability insurance or fiduciary insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalfpolicy.

Executive Release. The In exchange for the consideration set forth in Exhibit A, Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the CompanyLiveRamp, its respective predecessors, successors and assigns and its respective past and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company LiveRamp or his services as an officer or employee of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Employment Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date date of Termination termination of employment under the Agreement, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment; provided, including without limitation however, notwithstanding anything contained in the Employment Agreement or any of the Company’s equity incentive plansplans or grant documents thereunder, Exhibit A hereto sets forth Executive’s only continuing rights regarding his outstanding equity awards, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] . Executive acknowledges that this is a knowing and voluntary waiver. Executive waives all seniority rights they may have with LiveRamp, and Executive expressly waives any claim for reinstatement by LiveRamp. This waiver and release does not apply to or [(ivwaive: 1) insert at Executive’s rights to enforce this Agreement; 2) any rights Executive may have under applicable workers’ compensation or unemployment compensation statutes, 3) any right to continuation of health care coverage under the time of termination Consolidated Omnibus Budget Reconciliation Act, or 4) Executive’s right to file a description of any other agreements charge with the Company that expressly survive the Executive’s termination]. The ExecutiveEEOC, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIEShowever, hereby represents Executive waives and warrants that no other person releases any claims or entity has initiated orrights to or for damages, to the extent within his control, will initiate any such proceeding on his compensation or their behalfinjunctive relief whatsoever.

Executive Release. The In exchange for the consideration provided to Executive pursuant to this Agreement, and for other good and valuable consideration, Executive, ON BEHALF OF HIMSELFon behalf of Executive and Executive’s spouse, HIS SPOUSEheirs, ATTORNEYSexecutors, HEIRSadministrators, EXECUTORSsuccessors, ADMINISTRATORSand assigns (collectively, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIESExecutive Releasors”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective predecessors, successors hereby releases and assigns forever waives and its respective past and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from discharges any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWNsuits, CONTINGENT OR NON-CONTINGENT controversies, actions, crossclaims, counterclaims, losses or liabilities of any kind nature whatsoever in law and every in equity and any other liabilities, known or unknown, suspected or unsuspected of any nature whatsoeverwhatsoever (collectively, “Claims”) that Executive or any of the other Executive Releasors ever had, now have, or might have against the Company and its current, former, and WHETHER OR NOT ACCRUED OR MATUREDfuture affiliates, which any of them have or may havesubsidiaries, parents, and related companies (collectively, the “Releasees” and each a “Releasee”), arising at any time prior to and including the date Executive executes or re-executes (as applicable) this Agreement, whether such Claims are known to Executive or unknown to Executive, whether such Claims are accrued or contingent, including any and all (a) Claims arising out of, or that might be considered to arise out of or relating to be connected in any transactionway with, dealingExecutive’s employment or other relationship with any of the Releasees, or the termination of such employment or other relationship; (b) Claims under any contract, conductagreement, act or omissionunderstanding that Executive may have with any of the Releasees, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE whether written or oral, whether express or implied, at any time prior to the date Executive executes or re-executes (including, but not limited to, any claim against the Company Parties based on, relating to or as applicable) this Agreement; (c) Claims arising under wrongful dischargeany federal, breach of contract (whether oral state, foreign, or written)local law, tortrule, fraud (but excluding fraudulent inducement into signing this Release)ordinance, defamationor public policy, negligence, promissory estoppel, retaliatory discharge, including Claims arising under Title VII of the Civil Rights Act of 1964, as amendedthe Civil Rights Act of 1866, any other civil or human rights law42 U.S.C. § 1981, the Civil Rights Act of 1991, the Americans With Disabilities Act, the Family and Medical Leave Act, the Executive Retirement Income Security Act of 1974, the Vietnam Era Veterans Readjustment Act of 1974, the Immigration Reform and Control Act of 1986, the Equal Pay Act, the Labor Management Relations Act, the National Labor Relations Act, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Occupational Safety and Health Act, the Genetic Information Nondiscrimination Act of 2008, the Rehabilitation Act of 1973, the Uniformed Services Employment and Reemployment Rights Act, the Worker Adjustment and Retraining Notification Act, the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Act, the Code, and all labor and employment discrimination laws, and including specifically the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 19861987, as amended (by the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Older Workers Benefit Protection Act of 1974and otherwise, as amendedall such laws have been amended from time to time, or any other federal, state state, foreign, or local law relating to labor law, wage and hour law, worker safety law, employee relations or fair employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee of the Company or any of its subsidiariespractices law, or otherwise relating to the termination of such employment public policy; and (d) Claims arising under any other applicable law, regulation, rule, policy, practice, promise, understanding, or the Agreement (collectively, “Claims”)legal or equitable theory; provided, however, such general that the foregoing release will of Claims shall not limit waive or release (A) any Claims that arise after the Company Parties from their respective obligations date Executive executes or re-executes (ias applicable) this Agreement; (B) any Claims for breach of this Agreement or to enforce the terms of this Agreement; (C) any Claims that cannot be waived or released as a matter of law; (D) any rights Executive may have as a member or holder of equity or other securities of the Company, including the Equity Awards, and/or (E) any rights or Claims to indemnification under applicable law, the Company’s governing documents, or Section 20 of the Employment Agreement that expressly survive termination of employment or by their terms are required rights or Claims to be or only capable of being performed following the Date of Termination under the Agreement, (ii) coverage under the Company’s benefit plans or its affiliates’ or subsidiaries’ directors’ and agreements that officers’ liability (or other liability) insurance policies or programs (which shall expressly survive and continue following Executive’s termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director employment and officer indemnification agreements or insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalfservice).

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE In partial consideration of a portion of the payments and benefits described in the employment agreement (TOGETHER, THE the “EXECUTIVE PARTIESAgreement”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES effective May 4, 2005, by and between Xxxxx X. Xxxxxxxxxx (the “Executive”) and AMN Healthcare Services, Inc. (the “Company”), to which the Executive agrees the Executive is not otherwise entitled, the Executive, for and on behalf of herself and her heirs and assigns, subject to the following two sentences hereof, hereby waives and releases any common law, statutory or other complaints, claims, charges or causes of action of any kind whatsoever, both known and unknown, in law or in equity, which the Executive ever had, now has or may have against the Company and any of its shareholders who hold in excess of five percent (5%) of the Company’s outstanding capital stock, its and any of their respective subsidiaries, affiliates, predecessors, successors and assigns and its respective past and present stockholderssuccessors, membersassigns, directors, officers, partners, members, employees, agentsagents (collectively, representatives, principals, insurers and attorneys (together the “Company PartiesReleasees”) from any and all claimsby reason of facts or omissions which have occurred on or prior to the date that the Executive signs this Release, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited towithout limitation, any claim against the Company Parties based oncomplaint, relating to charge or cause of action arising under wrongful dischargefederal, breach state or local laws pertaining to employment, including the Age Discrimination in Employment Act of contract 1967 (whether oral or written“ADEA,” a law which prohibits discrimination on the basis of age), tortthe National Labor Relations Act, fraud (but excluding fraudulent inducement into signing this Release)the Civil Rights Act of 1991, defamation, negligence, promissory estoppel, retaliatory dischargethe Americans With Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, all as amended; and all other federal, state and local laws and regulations. By signing the Release, the Executive acknowledges that she intends to waive and release any rights known or unknown that she may have against the Releasees under these and any other laws; provided, that the Executive does not waive or release claims with respect to the right to enforce Sections 6, 7 and 8 of the Agreement, any stock option or other civil equity agreements or human arrangements to which Executive is a party or under which Executive has any rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A as of the Internal Revenue Code or 1986date hereof, as amended (and any plan governed by the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amendedamended (the “Unreleased Claims”). In addition, the Executive does not release, discharge or waive any other federalrights to indemnification that she may have under the certificate of incorporation, state the By-Laws or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee equivalent governing documents of the Company or its subsidiaries or affiliates, the laws of the State of Delaware or any other state of its subsidiarieswhich such subsidiary or affiliate is a domiciliary, or otherwise relating to any indemnification agreement between the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under Executive and the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant rights to insurance coverage under any director directors’ and officer indemnification agreements officers’ personal liability insurance or fiduciary insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalfpolicy.

Executive Release. The ExecutiveExcept as provided in paragraphs 7 and 12 below, ON BEHALF OF HIMSELFI knowingly and voluntarily (for myself, HIS SPOUSEmy heirs, ATTORNEYSexecutors, HEIRSadministrators and assigns) irrevocably and unconditionally release and forever discharge the Company and the other Released Parties, EXECUTORScollectively, ADMINISTRATORSseparately, AGENTSand severally, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective predecessors, successors and assigns and its respective past and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from any and all claims, suits, controversies, actions, causes of action, cross-claims, counter-claims, demands, liabilitiesdebts, suits, compensatory damages, lossesliquidated damages, expensespunitive or exemplary damages, other damages, claims for costs and attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT liabilities of any kind nature whatsoever in law and every nature whatsoeverin equity, both past and WHETHER OR NOT ACCRUED OR MATUREDpresent (from the beginning of time through the date that this General Release is signed by me) and whether known or unknown, which fixed or contingent, suspected, or claimed against the Company or any of them have the Released Parties which I, my spouse, or any of my heirs, executors, administrators or assigns, may have, arising which arise out of or relating to any transactionare connected with my employment with or service to, dealingor my separation or termination from, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE the Veritiv Group (including, but not limited to, any allegation, claim against the Company Parties based onor violation, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, under: Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, ; the Age Discrimination in Employment Civil Rights Act of 1967, 1991; the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Worker Adjustment Retraining and Notification Act, Section 409A of ; the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, ; any applicable Executive Order Programs; the Fair Labor Standards Act; all as amended, or their state or local counterparts; or under any other federal, state or local law relating to employment civil or discrimination in employment) human rights law, or under any other local, state, federal or foreign law, regulation or ordinance; or under any public policy, contract or tort, or under common law; or arising out of under any policies, practices or relating to the Executive’s employment by the Company or his services as an officer or employee procedures of the Company Veritiv Group; or any claim for wrongful discharge, breach of its subsidiariescontract, infliction of emotional distress, defamation; or any claim for costs, fees, or otherwise relating other expenses, including attorneys’ fees incurred in these matters) (all of the foregoing collectively referred to herein as the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such . I understand and intend that this General Release constitutes a general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under the Company’s benefit plans all claims and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person reference herein to a specific form of claim, statute or entity has initiated or, type of relief is intended to limit the extent within his control, will initiate any such proceeding on his or their behalfscope of this General Release.

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE In partial consideration of a portion of the payments and benefits described in the employment agreement (TOGETHER, THE the “EXECUTIVE PARTIESAgreement”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES effective May 4, 2005, by and between Xxxxxx X. Xxxxxxx (the “Executive”) and AMN Healthcare Services, Inc. (the “Company”), to which the Executive agrees the Executive is not otherwise entitled, the Executive, for and on behalf of herself and his heirs and assigns, subject to the following two sentences hereof, hereby waives and releases any common law, statutory or other complaints, claims, charges or causes of action of any kind whatsoever, both known and unknown, in law or in equity, which the Executive ever had, now has or may have against the Company and any of its shareholders who hold in excess of five percent (5%) of the Company’s outstanding capital stock, its and any of their respective subsidiaries, affiliates, predecessors, successors and assigns and its respective past and present stockholderssuccessors, membersassigns, directors, officers, partners, members, employees, agentsagents (collectively, representatives, principals, insurers and attorneys (together the “Company PartiesReleasees”) from any and all claimsby reason of facts or omissions which have occurred on or prior to the date that the Executive signs this Release, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited towithout limitation, any claim against the Company Parties based oncomplaint, relating to charge or cause of action arising under wrongful dischargefederal, breach state or local laws pertaining to employment, including the Age Discrimination in Employment Act of contract 1967 (whether oral or written“ADEA,” a law which prohibits discrimination on the basis of age), tortthe National Labor Relations Act, fraud (but excluding fraudulent inducement into signing this Release)the Civil Rights Act of 1991, defamation, negligence, promissory estoppel, retaliatory dischargethe Americans With Disabilities Act of 1990, Title VII of the Civil Rights Act of 1964, all as amended; and all other federal, state and local laws and regulations. By signing the Release, the Executive acknowledges that he intends to waive and release any rights known or unknown that he may have against the Releasees under these and any other laws; provided, that the Executive does not waive or release claims with respect to the right to enforce Sections 6, 7 and 8 of the Agreement, any stock option or other civil equity agreements or human arrangements to which Executive is a party or under which Executive has any rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A as of the Internal Revenue Code or 1986date hereof, as amended (and any plan governed by the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amendedamended (the “Unreleased Claims”). In addition, the Executive does not release, discharge or waive any other federalrights to indemnification that he may have under the certificate of incorporation, state the By-Laws or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee equivalent governing documents of the Company or its subsidiaries or affiliates, the laws of the State of Delaware or any other state of its subsidiarieswhich such subsidiary or affiliate is a domiciliary, or otherwise relating to any indemnification agreement between the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under Executive and the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant rights to insurance coverage under any director directors’ and officer indemnification agreements officers’ personal liability insurance or fiduciary insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalfpolicy.

Executive Release. The Executive, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective affiliates, parent, subsidiaries, predecessors, successors and assigns and its their respective past and present stockholders, members, directors, officers, employeesexecutives, agents, representatives, principals, insurers and attorneys attorneys, in their individual, corporate and official capacities (together the “Company Parties”) from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT CONTINGENT, of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding including fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, the application of Section 409A of the Internal Revenue Code of 1986, as amended, the Family and Medical Leave Act, the Fair Labor Standards Act, the National Labor Relations Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Immigration Reform Control Act, the Genetic Information Non-Discrimination Act, and the Equal Pay Act, as well as all federal and state executive orders including Executive Order 11246, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee Executive of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive survives termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreementemployment, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, or (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, as provided by law or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]subsidiaries. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalf; except, nothing in this Release prevents Executive from filing a charge or claim with a federal, state or local administrative agency, although by signing this Release, Executive waives his right to recover any damages other relief in any claim or suit brought by Executive or by or through such agency, except where prohibited by law.

Executive Release. The ExecutiveRuta, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE RUTA PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the Company, its respective predecessors, successors and assigns and its respective past and present stockholders, members, directors, officers, employees, agents, representatives, principals, insurers and attorneys (together the “Company Parties”) from any and all claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations or causes of action, KNOWN OR UNKNOWN, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoever, and WHETHER OR NOT ACCRUED OR MATURED, which any of them have or may have, arising out of or relating to any transaction, dealing, relationship, conduct, act or omission, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (including, but not limited to, any claim against the Company Parties based on, relating to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding including fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, the application of Sectrion 409A of the Internal Revenue Code of 1986, as amended, or any other federal, state or local law relating to employment or discrimination in employment) arising out of or relating to the ExecutiveRuta’s employment by the Company or his services as an officer or employee of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreementemployment, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) in respect of the ExecutiveRuta’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, as provided by law or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the ExecutiveRuta’s termination]. The ExecutiveRuta, ON BEHALF OF HIMSELF AND THE EXECUTIVE RUTA PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalf.

Executive Release. The Executive(a) You, ON BEHALF OF HIMSELFon behalf of yourself, HIS SPOUSEyour heirs, ATTORNEYSexecutors, HEIRSadministrators and/or assigns, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES do hereby release and discharge the Company, its respective subsidiaries , predecessors, successors and assigns and its respective past and present stockholders, memberstheir officers, directors, officersemployees, employeesconsultants, agents, representativesinsurers, principalsreinsurers, insurers shareholders, representatives and attorneys assigns, past, present and future, (together collectively with the “Company Parties”) Company, the "Releasees"), of and from any and all legally waivable suits, debts, complaints, claims, demands, liabilities, suits, damages, losses, expenses, attorneys’ fees, obligations demands or causes of action, KNOWN OR UNKNOWNor any right to any other monetary recovery or persona l relief, CONTINGENT OR NON-CONTINGENT known or unknown , of whatever nature, which you, or any kind and every nature whatsoeverof your heirs, executors, administrators, and WHETHER OR NOT ACCRUED OR MATURED, which assigns ever had or now have against each or any of them have the Releasees, based upon or may havearising from any fact or set of facts, whether known or unknown to you , from the beginning of time to the date of execution of this Agreement, including, without limitation, any and all claims arising out of or relating to your employment by the Company or the separation of your employment. Without limiting the generality of the foregoing, this release includes any transactionclaim or right based upon or arising under any federal, dealingstate or local law regarding fair employment practices, relationshipequal opportunity in employment, conductemployment discrimination, act retaliation, harassment, leaves of absence, payment of wages or omissionbenefits , OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (working conditions, separation of employment, whistle-blowing, or otherwise regulating employment, including, but not limited to, any claim against and all clain1s under the Company Parties based on, relating to or arising under wrongful discharge, breach Age Discrimination in Employment Act of contract 1967 (whether oral or written"ADEA''), tort, fraud (but excluding fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory dischargethe Older Worker s Benefit Protection Act , Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights lawSection 1981 of the Civil Rights Act of 1870, the Age Discrimination in Employment Act of 1967, Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Labor Standards Act, each as amendedamended , or and any and all other federal, state or local statutory or common law relating to employment claims, now or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee of the Company or any of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such general release will not limit or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employmenthereafter recognized, including without limitation the Company’s equity incentive plansbut not limited to, (iii) in respect of the Executive’s services as an officer or director of the Company or any of its subsidiariesclaims for economic loss, pursuant to any director compensatory dan1ages, punitive damages, liquidated damages , attorneys' fees, expenses and officer indemnification agreements or insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert at the time of termination a description of any other agreements with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalfcosts.

Executive Release. The ExecutiveIn consideration of this Agreement, ON BEHALF OF HIMSELF, HIS SPOUSE, ATTORNEYS, HEIRS, EXECUTORS, ADMINISTRATORS, AGENTS, ASSIGNS AND ANY TRUSTS, PARTNERSHIPS AND OTHER ENTITIES UNDER HIS CONTROL AND ANY OTHER PERSON CLAIMING BY, THROUGH OR UNDER THE EXECUTIVE (TOGETHER, THE “EXECUTIVE PARTIES”), HEREBY GENERALLY RELEASES AND FOREVER DISCHARGES the ----------------- Executive agrees to release and forever discharge the Company, its respective predecessors, successors and assigns and its respective past and present stockholders, memberssubsidiaries, directors, officersofficers and employees, employeesand any affiliates, agents, representatives, principalssuccessors, insurers and attorneys assigns of any of the foregoing (together collectively referred to as the “Company Parties”) "Releasees"), from and against any and all claims, demandsobligations, liabilities, suits, damages, lossescosts, expensesclaims, attorneys’ feescomplaints, obligations charges, or causes of actionactions in law or equity (collectively "Claims") that the Executive or his heirs, KNOWN OR UNKNOWNadministrators, CONTINGENT OR NON-CONTINGENT of any kind and every nature whatsoeversuccessors, and WHETHER OR NOT ACCRUED OR MATURED, which any of them or assigns may now have or may haveever have against any Releasee, arising whether accrued, absolute, contingent, unliquidated or otherwise, and whether known or unknown on the date hereof, and which have or may have arisen out of or relating to any transaction, dealing, relationship, conduct, act or omissionomission occurring, OR ANY OTHER MATTERS OR THINGS OCCURRING OR EXISTING AT ANY TIME PRIOR TO AND INCLUDING THE EXECUTION DATE OF THIS RELEASE (or state of facts existing, prior to the date of execution of this Agreement, in any way related to the Executive's employment with, and services as a director of, the Company and its affiliates and the termination thereof, or in connection with the Executive's ownership of any securities of the Company or any of its affiliates, including, without limitation, (i) Claims arising under the Severance Agreement and, except as explicitly provided in this Agreement, any arrangement, plan, program, or policy for executive benefits, with the exception of any tax qualified plans under which the Executive has a vested accrued interest, (ii) any other Claims related to the Executive's employment with the Company or the termination of that employment and (iii) Claims based on federal, state, or local law or regulation or the common law, including but not limited to, Claims in any claim against the Company Parties based on, relating way related to or arising under wrongful discharge, breach of contract (whether oral or written), tort, fraud (but excluding fraudulent inducement into signing this Release), defamation, negligence, promissory estoppel, retaliatory discharge, Title VII of the Civil Rights Act of 1964, as amended, any other civil or human rights law, the Age Discrimination in Employment Act of 1967Act, the Equal Pay Act, the Fair Labor Standards Act, the Americans with Disabilities Act, Section 409A of the Internal Revenue Code or 1986, as amended (the “Code”) or any other applicable provisions of the Code, Employee Retirement Income Security Act of 1974, as amended, and all other applicable state and local labor and employment laws (including all laws concerning unlawful and unfair labor and employment practices), breach of contract, wrongful discharge, defamation or intentional infliction of emotional distress. If and to the extent a court of competent jurisdiction shall determine any part or portion of the foregoing release to be invalid or unenforceable, the same shall not affect the remainder of the release which shall be given full effect without regard to the invalid part or portion of the release. The Executive acknowledges that by signing below he knowingly, voluntarily, and expressly waives and relinquishes any and all rights that he may have under Section 1542 of the California Civil Code, or any other federal, state similar provision or local law relating to employment or discrimination in employment) arising out of or relating to the Executive’s employment by the Company or his services as an officer or employee of the Company any jurisdiction or any similar or analogous principle of its subsidiaries, or otherwise relating to the termination of such employment or the Agreement (collectively, “Claims”); provided, however, such common law. California Civil Code Section 1542 provides: "A general release will does not limit extend to claims which the creditor does not know or release the Company Parties from their respective obligations (i) under the Agreement that expressly survive termination of employment or by their terms are required suspect to be or only capable of being performed following the Date of Termination under the Agreement, (ii) under the Company’s benefit plans and agreements that expressly survive termination of employment, including without limitation the Company’s equity incentive plans, (iii) exist in respect of the Executive’s services as an officer or director of the Company or any of its subsidiaries, pursuant to any director and officer indemnification agreements or insurance policies, or the certificates of incorporation or by-laws (or like constitutive documents) of the Company or any of its subsidiaries [in effect as of the date hereof or as provided by law] or [(iv) insert his favor at the time of termination a description of any other agreements executing the release, which if known by him must have materially affected his settlement with the Company that expressly survive the Executive’s termination]. The Executive, ON BEHALF OF HIMSELF AND THE EXECUTIVE PARTIES, hereby represents and warrants that no other person or entity has initiated or, to the extent within his control, will initiate any such proceeding on his or their behalfdebtor."