Common use of Executive’s Promises Clause in Contracts

Executive’s Promises. In consideration for the promises and payments contained in the Employment Agreement, Executive agrees as follows: 3.1 Executive hereby covenants not to xxx and also waives, releases and forever discharges Company, its parent company, divisions, subsidiaries, officers, directors, agents, employees, stockholders, affiliates and successors from any and all claims, causes of action, damages or costs of any type Executive may have against Company or its current and former parent company, divisions, subsidiaries, officers, directors, employees, agents, stockholders, successors or affiliates (the "Released Parties") including without limitation those arising out of or relating to Executive's employment with Company, or Executive's separation of employment (if separated by such date). This waiver and release includes, but is not limited to, claims, causes of action, damages or costs arising under or in relation to Company's employee handbook and personnel policies, or any oral or written representations or statements made by officers, directors, employees or agents of Company, or under any state or federal law regulating wages, hours, compensation or employment, or any claim for breach of contract or breach of the implied covenant of good faith and fair dealing, or any claim for stock, stock options, warrants, or phantom stock or equity of any kind or any claim for wrongful termination, or any discrimination claim on the basis of race, sex, sexual orientation, gender, age, religion, marital status, national origin, physical or mental disability, medical condition, or any claim arising under the federal Age Discrimination in Employment Act, the Equal Pay Act, the California Family Rights Act, the Pregnancy Discrimination Act, the Family Medical Leave Act, the California Labor Code, the California Wage Orders, Title VII of the Civil Rights Act, the Fair Employment and Housing Act, the California Labor Code Private Attorneys General Act of 2004, the California Wage Orders, and Business and Professions Code Section 17200, et seq. Notwithstanding the foregoing, this Release does not release (a) claims that cannot be released as a matter of law, (b) claims arising after the effective date of this release including those under the Employment Agreement, (c) claims to enforce any of Executive's rights to post-termination benefits under section 7 of the Employment Agreement, (d) claims for indemnification pursuant to section 6 of the Employment Agreement, or (e) claims to enforce any of Executive's vested benefits under any employee benefit plan of the Company. 3.2 The waiver and release set forth in paragraph 3.1 applies to claims of which Executive does not currently have knowledge and Executive specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 3.3 Executive has not suffered nor aggravated any known on-the-job injuries for which Executive has not already filed a Workers' Compensation claim. 3.4 Executive represents and warrants that no claims have been filed by him or on his behalf against any Released Party prior to the effectiveness of this Release. Additionally, to the extent there is a claim filed (or subsequently filed in breach of section 3.1), then any such claim will be "dismissed with prejudice" and Executive shall promptly pay all fees and costs associated with obtaining the dismissal, or in connection with the dismissal, including reasonable legal fees. 3.5 Executive agrees that nothing in this Release shall be construed as an admission of liability of any kind by Company to Executive.

Executive’s Promises. In consideration for the promises and payments contained in the Employment Agreement, Executive each party agrees as follows: 3.1 Executive hereby covenants not to xxx sxx and also waives, releases and forever discharges Company, its parent company, divisions, subsidiaries, officers, directors, agents, employees, stockholders, affiliates and successors from any and all claims, causes of action, damages or costs of any type Executive may have against Company or its current and former parent company, divisions, subsidiaries, officers, directors, employees, agents, stockholders, successors or affiliates (the "“Released Parties") ”), and the Released Parties similarly covenant not to sxx and also waive, release and forever discharge Executive from any and all claims, causes of action, damages or costs of any type that the Released Parties may have against Executive, including without limitation those arising out of or relating to Executive's ’s employment with Company, or Executive's ’s separation of employment (if separated by such date)employment. This waiver and release includes, but is not limited to, claims, causes of action, damages or costs arising under or in relation to Company's ’s employee handbook and personnel policies, or any oral or written representations or statements made by officers, directors, employees or agents of Company, or under any state or federal law regulating wages, hours, compensation or employment, or any claim for breach of contract or breach of the implied covenant of good faith and fair dealing, or any claim for stock, stock options, warrants, or phantom stock or equity of any kind or any claim for wrongful termination, or any discrimination claim on the basis of race, sex, sexual orientation, gender, age, religion, marital status, national origin, physical or mental disability, medical condition, or any claim arising under the federal Age Discrimination in Employment Act, the Equal Pay Act, the California Family Rights Act, the Pregnancy Discrimination Act, the Family Medical Leave Act, the California Labor Code, the California Wage Orders, Title VII of the Civil Rights Act, the Fair Employment and Housing Act, the California Labor Code Private Attorneys General Act of 2004, the California Wage Orders, and Business and Professions Code Section 17200, et seq. Notwithstanding the foregoing, with respect to Executive’s release, this Release does not release (a) claims that cannot be released as a matter of law, (b) claims arising after the effective date of this release Release including those under the Employment Agreement, (c) claims to enforce any of Executive's ’s rights to post-termination benefits under section 7 of provided by the Employment Agreement, (d) claims for indemnification pursuant to section 6 of or coverage under a directors and officers liability insurance policy as provided in the Employment AgreementAgreement or under any other contract or under applicable law, or (e) claims to enforce any of Executive's ’s vested benefits under any employee benefit plan of the Company including without limitation his Compensatory Equity (as defined in the Employment Agreement), (f) Executive’s right to file a charge, testify, assist, or cooperate with the EEOC or to file a claim under the Fair Labor Standards Act, or (g) Executive’s rights arising solely as a shareholder of the Company. 3.2 The waiver and release set forth in paragraph 3.1 applies to claims of which Executive either party does not currently have knowledge and Executive each party specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 3.3 Executive has not suffered nor aggravated any known on-the-job injuries for which Executive has not already filed a Workers' Compensation claim. 3.4 Executive represents and warrants that no claims have been filed by him or on his behalf against any Released Party prior to the effectiveness of this Release. Additionally, to the extent there is a claim filed (or subsequently filed in breach of section 3.1), then any such claim will be "dismissed with prejudice" and Executive shall promptly pay all fees and costs associated with obtaining the dismissal, or in connection with the dismissal, including reasonable legal fees. 3.5 Executive agrees that nothing in this Release shall be construed as an admission of liability of any kind by Company to Executive.”

Executive’s Promises. In consideration for the promises and payments contained in the Employment Agreement, Executive each party agrees as follows: 3.1 Executive hereby covenants not to xxx and also waives, releases and forever discharges Company, its parent company, divisions, subsidiaries, officers, directors, agents, employees, stockholders, affiliates and successors from any and all claims, causes of action, damages or costs of any type Executive may have against Company or its current and former parent company, divisions, subsidiaries, officers, directors, employees, agents, stockholders, successors or affiliates (the "“Released Parties") ”), and the Released Parties similarly covenant not to xxx and also waive, release and forever discharge Executive from any and all claims, causes of action, damages or costs of any type that the Released Parties may have against Executive, including without limitation those arising out of or relating to Executive's ’s employment with Company, or Executive's ’s separation of employment (if separated by such date)employment. This waiver and release includes, but is not limited to, claims, causes of action, damages or costs arising under or in relation to Company's ’s employee handbook and personnel policies, or any oral or written representations or statements made by officers, directors, employees or agents of Company, or under any state or federal law regulating wages, hours, compensation or employment, or any claim for breach of contract or breach of the implied covenant of good faith and fair dealing, or any claim for stock, stock options, warrants, or phantom stock or equity of any kind or any claim for wrongful termination, or any discrimination claim on the basis of race, sex, sexual orientation, gender, age, religion, marital status, national origin, physical or mental disability, medical condition, or any claim arising under the federal Age Discrimination in Employment Act, the Equal Pay Act, the California Family Rights Act, the Pregnancy Discrimination Act, the Family Medical Leave Act, the California Labor Code, the California Wage Orders, Title VII of the Civil Rights Act, the Fair Employment and Housing Act, the California Labor Code Private Attorneys General Act of 2004, the California Wage Orders, and Business and Professions Code Section 17200, et seq. Notwithstanding the foregoing, with respect to Executive’s release, this Release does not release (a) claims that cannot be released as a matter of law, (b) claims arising after the effective date of this release Release including those under the Employment Agreement, (c) claims to enforce any of Executive's ’s rights to post-termination benefits under section 7 of provided by the Employment Agreement, (d) claims for indemnification pursuant to section 6 of or coverage under a directors and officers liability insurance policy as provided in the Employment AgreementAgreement or under any other contract or under applicable law, or (e) claims to enforce any of Executive's ’s vested benefits under any employee benefit plan of the Company including without limitation his Compensatory Equity (as defined in the Employment Agreement), (f) Executive’s right to file a charge, testify, assist, or cooperate with the EEOC or to file a claim under the Fair Labor Standards Act, or (g) Executive’s rights arising solely as a shareholder of the Company. 3.2 The waiver and release set forth in paragraph 3.1 applies to claims of which Executive either party does not currently have knowledge and Executive each party specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 3.3 Executive has not suffered nor aggravated any known on-the-job injuries for which Executive has not already filed a Workers' Compensation claim. 3.4 Executive represents and warrants that no claims have been filed by him or on his behalf against any Released Party prior to the effectiveness of this Release. Additionally, to the extent there is a claim filed (or subsequently filed in breach of section 3.1), then any such claim will be "dismissed with prejudice" and Executive shall promptly pay all fees and costs associated with obtaining the dismissal, or in connection with the dismissal, including reasonable legal fees. 3.5 Executive agrees that nothing in this Release shall be construed as an admission of liability of any kind by Company to Executive.”

Executive’s Promises. In consideration for the promises and payments contained in the Employment Agreement, Executive agrees as follows: 3.1 Executive hereby covenants not to xxx and also waives, releases and forever discharges Company, its parent company, divisions, subsidiaries, officers, directors, agents, employees, stockholders, affiliates and successors from any and all claims, causes of action, damages or costs of any type Executive may have against Company or its current and former parent company, divisions, subsidiaries, officers, directors, employees, agents, stockholders, successors or affiliates (the "“Released Parties"”) including without limitation those arising out of or relating to Executive's ’s employment with Company, or Executive's ’s separation of employment (if separated by such date). This waiver and release includes, but is not limited to, claims, causes of action, damages or costs arising under or in relation to Company's ’s employee handbook and personnel policies, or any oral or written representations or statements made by officers, directors, employees or agents of Company, or under any state or federal law regulating wages, hours, compensation or employment, or any claim for breach of contract or breach of the implied covenant of good faith and fair dealing, or any claim for stock, stock options, warrants, or phantom stock or equity of any kind or any claim for wrongful termination, or any discrimination claim on the basis of race, sex, sexual orientation, gender, age, religion, marital status, national origin, physical or mental disability, medical condition, or any claim arising under the federal Age Discrimination in Employment Act, the Equal Pay Act, the California Family Rights Act, the Pregnancy Discrimination Act, the Family Medical Leave Act, the California Labor Code, the California Wage Orders, Title VII of the Civil Rights Act, the Fair Employment and Housing Act, the California Labor Code Private Attorneys General Act of 2004, the California Wage Orders, and Business and Professions Code Section 17200, et seq. Notwithstanding the foregoing, this Release does not release (a) claims that cannot be released as a matter of law, (b) claims arising after the effective date of this release including those under the Employment Agreement, (c) claims to enforce any of Executive's ’s rights to post-termination benefits under section 7 of the Employment Agreement, (d) claims for indemnification pursuant to section 6 of the Employment AgreementAgreement or under any directors and officers liability insurance policy, or (e) claims to enforce any of Executive's ’s vested benefits under any employee benefit or equity plan of the Company. 3.2 The waiver and release set forth in paragraph 3.1 applies to claims of which Executive does not currently have knowledge and Executive specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."” 3.3 Executive has not suffered nor aggravated any known on-the-job injuries for which Executive has not already filed a Workers' ’ Compensation claim. 3.4 Executive represents and warrants that no claims have been filed by him or on his behalf against any Released Party prior to the effectiveness of this Release. Additionally, to the extent there is a claim filed (or subsequently filed in breach of section 3.1), then any such claim will be "“dismissed with prejudice" ” and Executive shall will promptly pay all fees and costs associated with obtaining the dismissal, or in connection with the dismissal, including reasonable legal fees. 3.5 Executive agrees that nothing in this Release shall will be construed as an admission of liability of any kind by Company to Executive.

Executive’s Promises. In consideration for the promises and payments contained described in Section 7(b) of the Employment Agreement, including without limitation the payment of Executive’s 2015 Bonus in the gross amount of $260,000, less lawfully required withholdings, to be paid over twelve (12) months following Executive’s Termination Date, along with the Additional Consideration described in Section 5 below, Executive agrees as follows: 3.1 4.1 Executive hereby covenants not to xxx and also waives, releases and forever discharges Company, its parent company, divisions, subsidiaries, officers, directors, agents, employees, stockholders, affiliates and successors from any and all claims, causes of action, damages or costs of any type Executive may have against Company or its current and former parent company, divisions, subsidiaries, officers, directors, employees, agents, stockholders, successors or affiliates (the "“Released Parties"”) including including, without limitation limitation, those arising out of or relating to Executive's employment with Company, or Company and Executive's separation of employment (if separated by such date)with Company. This waiver and release includes, but is not limited to, claims, causes of action, damages or costs arising costs, including attorney’s fees, arising, without limitation, under or in relation to Company's employee handbook and personnel policies, or any oral or written representations or statements made by officers, directors, employees or agents of Company, or under any state or federal law regulating wages, hours, compensation or employment, or any claim for breach of contract (including any contract claims arising out of or relating in any way to the Employment Agreement) or breach of the implied covenant of good faith and fair dealing, or any claim for stock, stock options, warrants, or phantom stock or equity of any kind or any claim for wrongful termination, or any discrimination claim on the basis of race, sex, sexual orientation, gender, age, religion, marital status, national origin, physical or mental disability, medical condition, or any claim arising under the federal Age Discrimination in Employment ActAct (“ADEA”), the Equal Pay Act, the California Family Rights Act, the Pregnancy Discrimination Act, the Family Medical Leave Act, the California Labor Code, the California Wage Orders, Title VII of the Civil Rights Act, the Fair Employment and Housing Act, the California Labor Code Private Attorneys General Act of 2004, the California Wage Orders, and Business and Professions Code Section 17200, et seq., the Federal Work Adjustment and Retraining Notification Act (or any similar state or foreign law), the Employee Retirement Income Security Act of 1974, the Americans With Disabilities Act, the California Constitution, the Genetic Information Non-Discrimination Act, the National Labor Relations Act, the Xxxxx Xxxxxxxxx Fair Pay Act, the Fair Credit Reporting Act, the False Claims Act, the Xxxxxxxx-Xxxxx Act, the California Business and Professions Code, and the Older Workers Benefit Protection Act (“OWBPA”), or any other state or federal statute or common law cause of action. Notwithstanding the foregoing, this Release does not release release: (a) claims that cannot be released as a matter of law, (b) claims arising after the effective date of this release including those under the Employment Agreement, (c) claims to enforce any of Executive's rights to post-termination the severance payments and benefits under section 7 described in Section 7(b) of the Employment Agreement, (d) claims for indemnification pursuant to section Section 6 of the Employment Agreement, or (e) claims to enforce any of Executive's vested benefits under any employee benefit plan of sponsored or provided by the Company. 3.2 4.2 The waiver and release set forth in paragraph 3.1 4.1 applies to claims of which Executive does not currently have knowledge and Executive specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."” Executive hereby expressly waives and relinquishes all rights and benefits under any law or legal principle of similar effect to Section 1542 in any jurisdiction with respect to the waiver and release set forth in paragraph 4.1. Executive acknowledges that he may later discover facts in addition to or different from those which Executive now knows, or believes to be true, with respect to any of the subject matters of this Release, but that it is nevertheless Executive’s intention to settle and release any and all claims described in paragraph 4.1. 3.3 4.3 Executive has not suffered nor aggravated any known on-the-job injuries for which Executive has not already filed a Workers' Compensation claim. 3.4 4.4 Executive represents and warrants that no claims have been filed by him or on his behalf against any Released Party prior to the effectiveness of this Release. Additionally, to the extent there is a claim filed (or subsequently filed in breach of section 3.1paragraph 4.1), then any such claim will be "“dismissed with prejudice" ” and Executive shall promptly pay all fees and costs associated with obtaining the dismissal, or in connection with the dismissal, including reasonable legal fees. Nothing in this Release shall: (a) prohibit Executive from making a future claim with or cooperating with the Equal Employment Opportunity Commission or any similar state or federal agency provided, however, that should Executive pursue such an administrative action against any of the Releasees, to the maximum extent allowed by law, Executive acknowledges and agrees that Executive will not seek, nor will Executive be entitled to recover, any monetary damages from any such proceeding, or (b) prohibit Executive from reporting possible violations of federal law or regulation to any governmental agency or entity, including, but not limited to, the Department of Justice, the Securities and Exchange Commission, Congress and any agency Inspector General, or making other disclosures that are protected under the whistleblower provisions of federal law or regulation. 3.5 4.5 Executive agrees that nothing in this Release shall be construed as an admission of liability of any kind by Company to Executive.

Executive’s Promises. In consideration for the promises and payments contained in the Employment Agreement, Executive agrees as follows: 3.1 Executive hereby covenants not to xxx and also waives, releases and forever discharges Company, its parent company, divisions, subsidiaries, officers, directors, agents, employees, stockholders, affiliates and successors from any and all claims, causes of action, damages or costs of any type Executive may have against Company or its current and former parent company, divisions, subsidiaries, officers, directors, employees, agents, stockholders, successors or affiliates (the "Released Parties") including without limitation those arising out of or relating to Executive's employment with Company, or Executive's separation of from employment (if separated by such date). This waiver and release includes, but is not limited to, claims, causes of action, damages or costs arising under or in relation to Company's employee handbook and personnel policies, or any oral or written representations or statements made by officers, directors, employees or agents of Company, or under any local, state or federal law regulating wages, hours, compensation or employment, or any claim for breach of contract or breach of the implied covenant of good faith and fair dealing, or any claim for stock, stock options, warrants, or phantom stock or equity of any kind or any claim for wrongful termination, or any discrimination claim on the basis of race, sex, sexual orientation, gender, age, religion, marital status, national origin, physical or mental disability, medical condition, or any claim arising under the federal Age Discrimination in Employment ActAct ("ADEA''), the Equal Pay Act, the California Family Rights Act, the Pregnancy Discrimination Act, the Family Medical Leave Act, the California Labor Code, the California Wage Orders, Title VII of the Civil Rights Act, the Fair Employment and Housing Act, the California Labor Code Private Attorneys General Act of 2004, the California Wage Orders, and Business and Professions Code Section 17200, et seq, the Americans with Disabilities Act, the Fair Labor Standards Act, the Genetic Information Non-Discrimination Act, the National Labor Relations Act, the Xxxxx Xxxxxxxxx Fair Pay Act, the Fair Credit Reporting Act, the False Claims Act, the Xxxxxxxx-Xxxxx Act, Arizona statutory or common law, all laws regulating wages, hours, and working conditions, and federal statutory law, or any claim for severance pay, bonus, sick leave, disability, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit, the Arizona Civil Rights Act, Arizona Employment Protection Act, the anti- retaliation provisions of the Arizona Workers Compensation law, all Arizona state wage payment laws including the Arizona Wage Act, and the Older Workers Benefit Protection Act ("OWBPA"). Notwithstanding the foregoing, this his Release does not release (a) claims that cannot be released as a matter of law, (b) claims arising after the effective date of this release including those under the Employment Agreement, (c) claims to enforce any of Executive's rights to post-termination benefits under section Section 7 of the Employment Agreement, (d) claims for indemnification pursuant to section Section 6 of the Employment AgreementAgreement or under any directors and officers liability insurance policy, or (e) claims to enforce any of Executive's vested benefits under any employee benefit or equity plan of the Company. Nothing in this Release shall limit in any way Executive's right under applicable state laws to file or pursue any workers' compensation claim. Nothing in this Release shall be construed as prohibiting Executive from making a claim with, cooperating with, or participating in any manner in any investigation of a charge or complaint by any local, state, or federal agency (including, without limitation, the Equal Employment Opportunity Commission or the Securities and Exchange Commission), or from making any disclosures that are protected under the whistleblower provisions of local, state or federal law or regulation (including, without limitation, Rule 21F of the Exchange Act). However, Executive acknowledges that by signing this Release he waives any claim or right to receive damages or compensation on the basis of any such charge, complaint or investigation. 3.2 The waiver and release set forth in paragraph 3.1 applies to claims of which Executive does not currently have knowledge and Executive specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 3.3 Executive has not suffered nor aggravated any known on-the-job injuries for which Executive has not already filed a Workers' Compensation claim. 3.4 Executive represents and warrants that no claims have been filed by him or on his behalf against any Released Party prior to the effectiveness of this Release. Additionally, to the extent there is a claim filed (or subsequently filed in breach of section 3.1), then any such claim will be "dismissed with prejudice" and Executive shall promptly pay all fees and costs associated with obtaining the dismissal, or in connection with the dismissal, including reasonable legal fees. 3.5 3.3 Executive agrees that nothing in this Release shall will be construed as an admission of liability of any kind by Company to Executive.

Executive’s Promises. In consideration for the promises and payments contained in the Employment Severance Agreement, Executive each party agrees as follows: 3.1 Executive hereby covenants not to xxx sxx and also waives, releases and forever discharges Company, its parent company, divisions, subsidiaries, officers, directors, agents, employees, stockholders, affiliates and successors from any and all claims, causes of action, damages or costs of any type Executive may have against Company or its current and former parent company, divisions, subsidiaries, officers, directors, employees, agents, stockholders, successors or affiliates (the "“Released Parties") ”), and the Released Parties similarly covenant not to sxx and also waive, release and forever discharge Executive from any and all claims, causes of action, damages or costs of any type that the Released Parties may have against Executive, including without limitation those arising out of or relating to Executive's ’s employment with Company, or Executive's ’s separation of employment (if separated by such date)employment. This waiver and release includes, but is not limited to, claims, causes of action, damages or costs arising under or in relation to Company's ’s employee handbook and personnel policies, or any oral or written representations or statements made by officers, directors, employees or agents of Company, or under any state or federal law regulating wages, hours, compensation or employment, or any claim for breach of contract or breach of the implied covenant of good faith and fair dealing, or any claim for stock, stock options, warrants, or phantom stock or equity of any kind or any claim for wrongful termination, or any discrimination claim on the basis of race, sex, sexual orientation, gender, age, religion, marital status, national origin, physical or mental disability, medical condition, or any claim arising under the federal Age Discrimination in Employment Act, the Equal Pay Act, the California Family Rights Act, the Pregnancy Discrimination Act, the Family Medical Leave Act, the California Labor Code, the California Wage Orders, Title VII of the Civil Rights Act, the Fair Employment and Housing Act, the California Labor Code Private Attorneys General Act of 2004, the California Wage Orders, and Business and Professions Code Section 17200, et seq. Notwithstanding the foregoing, with respect to Executive’s release, this Release does not release (a) claims that cannot be released as a matter of law, (b) claims arising after the effective date of this release Release including those under the Employment Severance Agreement, (c) claims to enforce any of Executive's ’s rights to post-termination benefits under section 7 of provided by the Employment Severance Agreement, (d) claims for indemnification pursuant to section 6 of the Employment Agreementor coverage under a directors and officers liability insurance policy as provided under any other contract or under applicable law, or (e) claims to enforce any of Executive's ’s vested benefits under any employee benefit plan of the Company including without limitation his Compensatory Equity (as defined in the Severance Agreement), (f) Executive’s right to file a charge, testify, assist, or cooperate with the EEOC or to file a claim under the Fair Labor Standards Act, or (g) Executive’s rights arising solely as a shareholder of the Company. 3.2 The waiver and release set forth in paragraph 3.1 applies to claims of which Executive either party does not currently have knowledge and Executive each party specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." 3.3 Executive has not suffered nor aggravated any known on-the-job injuries for which Executive has not already filed a Workers' Compensation claim. 3.4 Executive represents and warrants that no claims have been filed by him or on his behalf against any Released Party prior to the effectiveness of this Release. Additionally, to the extent there is a claim filed (or subsequently filed in breach of section 3.1), then any such claim will be "dismissed with prejudice" and Executive shall promptly pay all fees and costs associated with obtaining the dismissal, or in connection with the dismissal, including reasonable legal fees. 3.5 Executive agrees that nothing in this Release shall be construed as an admission of liability of any kind by Company to Executive.”

Executive’s Promises. In consideration for the promises and payments contained in the Employment Agreement, Executive agrees as follows: 3.1 Executive hereby covenants not to xxx and also waives, releases and forever discharges Company, its parent company, divisions, subsidiaries, officers, directors, agents, employees, stockholders, affiliates and successors from any and all claims, causes of action, damages or costs of any type Executive may have against Company or its current and former parent company, divisions, subsidiaries, officers, directors, employees, agents, stockholders, successors or affiliates (the "“Released Parties"”) including without limitation those arising out of or relating to Executive's ’s employment with Company, or Executive's ’s separation of employment (if separated by such date). This waiver and release includes, but is not limited to, claims, causes of action, damages or costs arising under or in relation to Company's ’s employee handbook and personnel policies, or any oral or written representations or statements made by officers, directors, employees or agents of Company, or under any state or federal law regulating wages, hours, compensation or employment, or any claim for breach of contract or breach of the implied covenant of good faith and fair dealing, or any claim for stock, stock options, warrants, or phantom stock or equity of any kind or any claim for wrongful termination, or any discrimination claim on the basis of race, sex, sexual orientation, gender, age, religion, marital status, national origin, physical or mental disability, medical condition, or any claim arising under the federal Age Discrimination in Employment ActAct (“ADEA”), the Equal Pay Act, the California Family Rights Act, the Pregnancy Discrimination Act, the Family Medical Leave Act, the California Labor Code, the California Wage Orders, Title VII of the Civil Rights Act, the Fair Employment and Housing Act, the California Labor Code Private Attorneys General Act of 2004, the California Wage Orders, and Business and Professions Code Section 17200, et seq, the Americans with Disabilities Act, the Fair Labor Standards Act, the California Constitution, the Genetic Information Non-Discrimination Act, the National Labor Relations Act, the Xxxxx Xxxxxxxxx Fair Pay Act, the Fair Credit Reporting Act, the False Claims Act, the Xxxxxxxx-Xxxxx Act, the California Business and Professions Code, and the Older Workers Benefit Protection Act (“OWBPA”). Notwithstanding the foregoing, this Release does not release (a) claims that cannot be released as a matter of law, (b) claims arising after the effective date of this release including those under the Employment Agreement, (c) claims to enforce any of Executive's ’s rights to post-termination benefits under section 7 Section 8 of the Employment Agreement, (d) claims for indemnification pursuant to section 6 of the Employment AgreementAgreement or under any directors and officers liability insurance policy, or (e) claims to enforce any of Executive's ’s vested benefits under any employee benefit or equity plan of the Company. Executive acknowledges that he may participate in any manner in any investigation of a charge or complaint by any local, state, or federal agency, but that he has waived any claim or right to receive damages or compensation on the basis of any such charge, complaint or investigation. 3.2 The waiver and release set forth in paragraph 3.1 applies to claims of which Executive does not currently have knowledge and Executive specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."” Executive hereby expressly waives and relinquishes all rights and benefits under any law or legal principle of similar effect to Section 1542 in any jurisdiction with respect to the release granted in this Release. Executive acknowledges that he may later discover facts in addition to or different from those which Executive now knows, or believes to be true, with respect to any of the subject matters of this Release, but that it is nevertheless Executive’s intention to settle and release any and all claims released herein. 3.3 Executive has not suffered nor aggravated any known on-the-job injuries for which Executive has not already filed a Workers' ’ Compensation claim. 3.4 Executive represents and warrants that no claims have been filed by him or on his behalf against any Released Party prior to the effectiveness of this Release. Additionally, to the extent there is a claim filed (or subsequently filed in breach of section 3.1), then any such claim will be "“dismissed with prejudice" ” and Executive shall will promptly pay all fees and costs associated with obtaining the dismissal, or in connection with the dismissal, including reasonable legal fees. Executive also represents and agrees that Executive will not in the future, file, participate in, encourage, instigate or assist in the prosecution of any claim, complaints, charges or in any lawsuit by any party in any state or federal court against any of the Released Parties unless such aid or assistance is ordered by a court or government agency or sought by compulsory legal process (e.g., a subpoena), claiming that any of the Released Parties have violated any local, state, or federal laws based upon events occurring through the date of the execution of this Release. Nothing in this Release shall be construed as prohibiting Executive from making a future claim with or cooperating with the Equal Employment Opportunity Commission or any similar state or federal agency provided, however, that should Executive pursue such an administrative action against any of the Released Parties, to the maximum extent allowed by law, Executive acknowledges and agrees that Executive will not seek, nor will Executive be entitled to recover, any monetary damages from any such proceeding. 3.5 Executive agrees that nothing in this Release shall will be construed as an admission of liability of any kind by Company to Executive.

Executive’s Promises. In consideration for the promises and payments contained in the Employment Agreement, Executive agrees as follows: 3.1 Executive hereby covenants not to xxx and also waives, releases and forever discharges Company, its parent company, divisions, subsidiaries, officers, directors, agents, employees, stockholders, affiliates and successors from any and all claims, causes of action, damages or costs of any type Executive may have against Company or its current and former parent company, divisions, subsidiaries, officers, directors, employees, agents, stockholders, successors or affiliates (the "“Released Parties"”) including without limitation those arising out of or relating to Executive's ’s employment with Company, or Executive's ’s separation of from employment (if separated by such date). This waiver and release includes, but is not limited to, claims, causes of action, damages or costs arising under or in relation to Company's ’s employee handbook and personnel policies, or any oral or written representations or statements made by officers, directors, employees or agents of Company, or under any local, state or federal law regulating wages, hours, compensation or employment, or any claim for breach of contract or breach of the implied covenant of good faith and fair dealing, or any claim for stock, stock options, warrants, or phantom stock or equity of any kind or any claim for wrongful termination, or any discrimination claim on the basis of race, sex, sexual orientation, gender, age, religion, marital status, national origin, physical or mental disability, medical condition, or any claim arising under the federal Age Discrimination in Employment ActAct (“ADEA”), the Equal Pay Act, the California Family Rights Act, the Pregnancy Discrimination Act, the Family Medical Leave Act, the California Labor Code, the California Wage Orders, Title VII of the Civil Rights Act, the Fair Employment and Housing Act, the California Labor Code Private Attorneys General Act of 2004, the California Wage Orders, and Business and Professions Code Section 17200, et seq, the Americans with Disabilities Act, the Fair Labor Standards Act, the California Constitution, the Genetic Information Non-Discrimination Act, the National Labor Relations Act, the Xxxxx Xxxxxxxxx Fair Pay Act, the Fair Credit Reporting Act, the False Claims Act, the Xxxxxxxx-Xxxxx Act, the California Business and Professions Code, California statutory or common law, and the Older Workers Benefit Protection Act (“OWBPA”). Notwithstanding the foregoing, this Release does not release (a) claims that cannot be released as a matter of law, (b) claims arising after the effective date of this release including those under the Employment Agreement, (c) claims to enforce any of Executive's ’s rights to post-termination benefits under section Section 7 of the Employment Agreement, (d) claims for indemnification pursuant to section Section 6 of the Employment AgreementAgreement or under any directors and officers liability insurance policy, or (e) claims to enforce any of Executive's ’s vested benefits under any employee benefit or equity plan of the Company. Nothing in this Release shall be construed as prohibiting Executive from making a claim with, cooperating with, or participating in any manner in any investigation of a charge or complaint by any local, state, or federal agency, or from making any disclosures that are protected under the whistleblower provisions of local, state or federal law or regulation. However, Executive acknowledges that by signing this Release he waives any claim or right to receive damages or compensation on the basis of any such charge, complaint or investigation. 3.2 The waiver and release set forth in paragraph Section 3.1 applies to claims of which Executive does not currently have knowledge and Executive specifically waives the benefit of the provisions of Section 1542 of the Civil Code of the State of California which reads as follows: "“A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."” Executive hereby expressly waives and relinquishes all rights and benefits under any law or legal principle of similar effect to Section 1542 in any jurisdiction with respect to the release granted in this Release. Executive acknowledges that he may later discover facts in addition to or different from those which Executive now knows, or believes to be true, with respect to any of the subject matters of this Release, but that it is nevertheless Executive’s intention to settle and release any and all claims released herein. 3.3 Executive has not suffered nor aggravated any known on-the-job injuries for which Executive has not already filed a Workers' ’ Compensation claim. 3.4 Executive represents and warrants that no claims have been filed by him or on his behalf against any Released Party prior to the effectiveness of this Release. Additionally, to the extent there is a claim filed (or subsequently filed in breach of section 3.1), then any such claim will be "dismissed with prejudice" and Executive shall promptly pay all fees and costs associated with obtaining the dismissal, or in connection with the dismissal, including reasonable legal fees. 3.5 Executive agrees that nothing in this Release shall will be construed as an admission of liability of any kind by Company to Executive.