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

Executive’s Release of Claims. In exchange for and in consideration of the severance benefits provided in the Employment Agreement, and subject to the terms and conditions of the Employment Agreement in all respects except as it may be modified herein, the Executive voluntarily releases and forever discharges the Company, the Parent, their affiliated and related entities, their respective predecessors, successors and assigns, its and their respective employee benefit plans and fiduciaries of such plans, and the current and former members, managers, partners, directors, officers, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (collectively, “Claims”) that, as of the date when the Executive signs this Release, the Executive has, ever had, now claims to have or ever claimed to have had against any or all of the Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive’s employment by and termination from employment with the Company or any related entity; • of wrongful discharge or violation of public policy; • of breach of contract; • of discrimination or retaliation under federal, state or local law (including, without limitation, Claims under the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Florida Civil Rights Act); • under any other federal or state statute or constitution or local ordinance; • of defamation or other torts; • for wages, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits, either under the Florida Wage Discrimination Law, the Florida Minimum Wage Act, the Florida Equal Pay Law, or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees. provided, however, that this release shall not affect the Executive’s rights (i) under this Release; (ii) to any claim that arises after the date the Executive signs this Release; (ii) to the payments and benefits payable to the Executive under Section 6 of the Employment Agreement, (iii) in any equity awards granted by the Company or the Parent that the Executive holds as of the date the Executive signs this Release, which shall remain subject to the terms and conditions of the applicable equity award agreement (as amended by the Equity Letter), (iv) to indemnification and expense advancement and reimbursement under the policies or governing instruments of the Releasees and for coverage under any directors and officers liability insurance policies maintained by the Releasees; (v) any claim with respect to vested and accrued benefits under any benefit plans of the Releasees in which the Executive participated during his employment; or (vi) to any claim that cannot be waived under applicable law. In addition, nothing in or about this Release prohibits the Executive from: (w) filing and, as provided for under Section 21F of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), maintaining the confidentiality of a claim with the Securities and Exchange Commission (the “SEC”); (x) providing any information about this Release to the SEC, or providing the SEC with information that would otherwise violate any section of this Release, to the extent permitted by Section 21F of the Exchange Act; (y) cooperating, participating or assisting in an SEC investigation or proceeding without notifying the Company; or (z) receiving a monetary award as set forth in Section 21F of the Exchange Act. The Executive agrees not to accept damages of any nature, other equitable or legal remedies for the Executive’s own benefit or attorney’s fees or costs from any of the Releasees with respect to any Claim released by this Release. As a material inducement to the Company to enter into this Release, the Executive represents that the Executive has not assigned any Claim to any third party. The Executive acknowledges and agrees that the Executive is not entitled to any wages, salary, commissions, vacation, equity, bonuses, or any other compensation or benefits from the Company or any of its affiliates, except as is expressly set forth in Section 6 of the Employment Agreement and the Equity Letter.

Executive’s Release of Claims. In exchange Executive, for and in consideration of the severance benefits provided commitments of the Company, including those set forth in the Employment section entitled “Consideration to Executive for Signing This Agreement,” and intending to be legally bound, does hereby REMISE, RELEASE AND FOREVER DISCHARGE the Company, its affiliates, subsidiaries and parents, and its officers, directors, employees, and agents, and its and their respective successors and assigns, heirs, executors, and administrators (collectively, “Releasees”) from all causes of action, suits, debts, claims and demands whatsoever in law or in equity, which Executive ever had, now has, or hereafter may have, whether known or unknown, or which Executive’s heirs, executors, or administrators may have, by reason of any matter, cause or thing whatsoever, from the beginning of Executive’s employment to the date Executive signs this Agreement, and subject to particularly, but without limitation of the foregoing general terms, any claims arising from, or relating in any way to, Executive’s employment relationship with Company, the terms and conditions of the Employment Agreement in all respects except as it may be modified herein, the Executive voluntarily releases and forever discharges the Company, the Parent, their affiliated and related entities, their respective predecessors, successors and assigns, its and their respective employee benefit plans and fiduciaries of such plansthat employment relationship, and the current and former memberstermination of that employment relationship, managers, partners, directors, officers, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown (collectively, “Claims”) that, as of the date when the Executive signs this Release, the Executive has, ever had, now claims to have or ever claimed to have had against any or all of the Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive’s employment by and termination from employment with the Company or any related entity; • of wrongful discharge or violation of public policy; • of breach of contract; • of discrimination or retaliation under federal, state or local law (including, without limitationbut not limited to, Claims any claims arising under the Age Discrimination in Employment Act, the Americans with Disabilities ActOlder Workers Benefit Protection Act (“OWBPA”), Title VII of The Civil Rights Act of 1964, Sections 1981 and 1983 of the Civil Rights Act of 1964, and the Florida Civil Rights Act); • under any other federal or state statute or constitution or local ordinance; • of defamation or other torts; • for wages, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits, either under the Florida Wage Discrimination Law1866, the Florida Minimum Wage Americans with Disabilities Act, the Florida Employee Retirement Income Security Act of 1974, the Workers Adjustment Retraining Notification (“WARN”) Act, the Family and Medical Leave Act of 1993, the Genetic Information Non-Discrimination Act of 2008, the Fair Credit Reporting Act, the Equal Pay LawAct, the Rehabilitation Act of 1973, the Uniform Services Employment and Reemployment Rights Act (“USERRA”), the National Labor Relations Act, the False Claims Act, and any other claims under any federal, state or local common law, statutory, or otherwise; regulatory provision, now or hereafter recognized, and • any claims for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief attorneys’ fees and attorney’s feescosts. provided, however, that this release shall not affect the Executive specifically acknowledges during Executive’s rights employment, (i) Executive was provided notice of all rights permitted under this Release; the Family and Medical Leave Act of 1993 (“FMLA”), understood those rights, was allowed to take all leave and afforded all other rights to which Executive is entitled under the FMLA, (ii) the Company has not in any way interfered with, restrained or denied Executive’s exercise of (or attempt to exercise) any claim that arises after the date the FMLA rights, nor terminated or otherwise discriminated against Executive signs this Release; for exercising (iior attempting to exercise) to the payments and benefits payable to the Executive under Section 6 of the Employment Agreementany such rights, (iii) in any equity awards granted by the Company or the Parent that the Executive holds as of the date the has been paid for all hours worked (including overtime) to which Executive signs this Releaseis entitled, which shall remain subject to the terms and conditions of the applicable equity award agreement (as amended by the Equity Letter), (iv) Executive was not treated differently or in any way discriminated against because of Executive’s age. This Agreement is effective without regard to indemnification and expense advancement and reimbursement under the policies or governing instruments legal nature of the Releasees claims raised and for coverage under without regard to whether any directors and officers liability insurance policies maintained by the Releasees; (v) any claim with respect to vested and accrued benefits under any benefit plans of the Releasees in which the Executive participated during his employment; or (vi) to any claim that cannot be waived under applicable law. In addition, nothing in or about this Release prohibits the Executive from: (w) filing and, as provided for under Section 21F of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), maintaining the confidentiality of a claim with the Securities and Exchange Commission (the “SEC”); (x) providing any information about this Release to the SEC, or providing the SEC with information that would otherwise violate any section of this Release, to the extent permitted by Section 21F of the Exchange Act; (y) cooperating, participating or assisting in an SEC investigation or proceeding without notifying the Company; or (z) receiving a monetary award as set forth in Section 21F of the Exchange Act. The Executive agrees not to accept damages of any nature, other equitable or legal remedies for the Executive’s own benefit or attorney’s fees or costs from any of the Releasees with respect to any Claim released by this Release. As a material inducement to the Company to enter into this Release, the Executive represents that the Executive has not assigned any Claim to any third party. The Executive acknowledges and agrees that the Executive is not entitled to any wages, salary, commissions, vacationsuch claims are based upon tort, equity, bonusesimplied or express contract or discrimination of any sort. Notwithstanding anything in this Agreement to the contrary, this release of claims shall not apply to Executive’s rights or any other compensation claims (A) to indemnification, advancement of expenses or benefits from insurance related to Executive’s service as a director, officer or employee of the Company or any of its affiliatesaffiliated corporations or entities, except as is expressly set forth (B) to vested benefits under any employee benefit plan or (C) to enforce Executive’s contractual rights under this Agreement. Nothing in Section 6 of this Agreement shall be interpreted to require Executive to release any claims that cannot lawfully be released, and nothing in this section shall be interpreted to provide Executive with indemnification rights beyond those which Executive may have had during his employment with the Employment Agreement and the Equity LetterCompany.

Executive’s Release of Claims. In exchange for and in consideration Executive understands that as part of the severance benefits provided in the Employment this Agreement, Executive is receiving the Retirement Benefits that Executive would not otherwise be entitled to receive and subject to that Executive agrees constitute sufficient consideration for all aspects of this Agreement. In return for the terms Retirement Benefits and conditions of the Employment Agreement in all respects except as it may be modified herein, the Executive voluntarily releases and forever discharges the Company’s Release of Claims in Section 6 below, Executive, on behalf of herself and any person or entity that could bring a claim on Executive’s behalf, hereby releases the ParentCompany and its subsidiaries, their predecessors, successors, assigns and/or affiliated companies, businesses or entities (collectively, “Affiliates” and related entitieseach, an “Affiliate”), and all of their respective employee benefit plans, plan administrators, trustees, current and former officers, agents, directors, employees, independent contractors, unit holders, shareholders, attorneys, accountants, insurers, representatives, predecessors, successors and assigns, its both individually and their respective employee benefit plans and fiduciaries of such plans, and the current and former members, managers, partners, directors, officers, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities (collectively referred to as the “Releasees”) generally from all claims, demands, debts, damages and liabilities of every name and nature, known or unknown any representative capacity (collectively, the “ClaimsParties Released by Executive”) that), as from each and every legal claim or demand of any kind, whether known or unknown, existing at any time up to and including the date when the Executive signs of this ReleaseAgreement, the Executive has, ever had, now claims including without limitation: (a) any claim or demand in any way arising out of or related to have or ever claimed to have had against any or all of the Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive’s employment by and termination with and/or separation from employment with any of the Parties Released by Executive; (b) Executive’s Letter Agreement; (c) any other agreement or understanding between the Company and Executive; and (c) any action, conduct, decision or omission by any of the Parties Released by Executive related entity; • to Executive. Executive understands and agrees that this Agreement is a full, final, and complete settlement and release of wrongful discharge the Parties Released by Executive of any and all of Executive’s claims, whether known or violation of public policy; • of breach of contract; • of discrimination or retaliation under federalunknown, state or local law (including, without limitationbut not limited to, Claims any claims or rights Executive may have under the Age Discrimination in Employment Retirement Income Security Act, the Americans with Disabilities Act29 U.S.C. § 1001, et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 626 et seq., the Americans with Disabilities Act, 42 U.S.C. § 12101, et seq., the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq., the Florida Fair Labor Standards Act, 29 U.S.C. § 201 et seq., the Equal Pay Act, 29 U.S.C. § 206 et seq., the National Labor Relations Act, 29 U.S.C. § 1501 et seq., any Iowa employment law (including but not limited to the Iowa Civil Rights Act of 1965, Iowa Code § 216.1, et seq., and Iowa Wage Payment Collection Act); • under , Iowa Code § 91A.1, et seq., and any other federal or state statute or constitution foreign, federal, states’, or local ordinance; • governments’ laws, regulations, or executive orders governing or relating to employment. Executive further understands and agrees that Executive is releasing any claims Executive may have, whether known or unknown, for payment or grant of defamation or other torts; • for wagescompensation, bonuses, incentive compensationbenefits, stock, stock optionsmembership units, vacation pay equity, securities or options of any kind, fraud or misrepresentation, promissory estoppel, wrongful or constructive discharge, defamation, invasion of privacy, breach of any legal duty (including any fiduciary duty), breach of covenant of good faith and fair dealing, reprisal or retaliation, breach of contract, unjust enrichment, negligence, negligent hiring, supervision and retention, intentional or negligent infliction of emotional distress, and any other compensation or benefits, either claims arising under the Florida Wage Discrimination Law, the Florida Minimum Wage Act, the Florida Equal Pay Law, or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s feeslaw. provided, however, Executive further agrees that this release shall not affect the Executive’s rights (i) under this Release; (ii) to if any claim that arises after the date the Executive signs releases in this Release; (ii) to the payments and benefits payable to the Executive under Section 6 of the Employment Agreement, (iii) Agreement is prosecuted in any equity awards granted by the Company or the Parent that the Executive holds as of the date the Executive signs this Release, which shall remain subject to the terms and conditions of the applicable equity award agreement (as amended by the Equity Letter), (iv) to indemnification and expense advancement and reimbursement under the policies or governing instruments of the Releasees and for coverage under any directors and officers liability insurance policies maintained by the Releasees; (v) any claim with respect to vested and accrued benefits under any benefit plans of the Releasees in which the Executive participated during his employment; or (vi) to any claim that cannot be waived under applicable law. In addition, nothing in or about this Release prohibits the Executive from: (w) filing and, as provided for under Section 21F of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), maintaining the confidentiality of a claim with the Securities and Exchange Commission (the “SEC”); (x) providing any information about this Release to the SEC, or providing the SEC with information that would otherwise violate any section of this Release, to the extent permitted by Section 21F of the Exchange Act; (y) cooperating, participating or assisting in an SEC investigation or proceeding without notifying the Company; or (z) receiving a monetary award as set forth in Section 21F of the Exchange Act. The Executive agrees not to accept damages of any nature, other equitable or legal remedies for the Executive’s own benefit name before any court or attorney’s fees or costs from administrative agency, Executive will waive any benefits Executive might otherwise obtain through such prosecution and will not take any award of the Releasees with respect to any Claim released by this Release. As a material inducement to the Company to enter into this Releasemoney, the Executive represents that the Executive has not assigned any Claim to any third party. The Executive acknowledges and agrees that the Executive is not entitled to any wages, salary, commissions, vacation, equity, bonusescompensation, or any other compensation damages or benefits award from the Company or any of its affiliates, except as is expressly set forth in Section 6 of the Employment Agreement and the Equity Lettersuch suit.

Executive’s Release of Claims. (a) In exchange consideration for the Separation Benefits, Executive, individually and in consideration on behalf of the severance benefits provided in the Employment AgreementExecutive’s heirs, executors, administrators, attorneys or representatives, successors and subject to the terms assigns, hereby voluntarily, knowingly and conditions of the Employment Agreement in all respects except as it may be modified herein, the Executive voluntarily willingly releases and forever discharges the CompanyCompany and each of its parents, subsidiaries and affiliates, together with each of the Parentforegoing entities’ respective owners, their affiliated principals, partners, officers, directors, employees, agents, members, managers, attorneys, employee benefits plans and related entitiessuch plans’ administrators, fiduciaries, trustees, record keepers and service providers, and each of their respective predecessors, successors and assigns, its and their respective employee benefit plans and fiduciaries of such planssuccessors, and the current and former members, managers, partners, directors, officers, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities assigns (hereinafter collectively referred to as the “Company Releasees”) generally from any and all rights, claims, demandscharges, actions, causes of action, complaints, grievances, sums of money, suits, debts, damages and covenants, contracts, agreements, promises, obligations, damages, demands or liabilities of every name and naturekind whatsoever, in law or in equity, whether known or unknown unknown, suspected or unsuspected (collectively, “Claims”) thatwhich Executive or Executive’s executors, as of the date when the Executive signs this Releaseadministrators, the Executive has, successors or assigns ever had, now claims have or may hereafter claim to have by reason of any matter, cause or ever claimed to have had against any or all thing whatsoever, arising from the beginning of the Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating time up to the Execution Date including, but not limited to (1) any such Claims relating in any way to Executive’s employment by and termination from employment relationship with the Company or any related entity; • of wrongful discharge other Company Releasee, or violation of public policy; • of breach of contract; • of discrimination or retaliation the termination thereof, (2) any Claims arising under federal, state or local law any agreement between the Company and Executive (including, without limitation, the Employment Agreement), and (3) any such Claims arising under any federal, local or state statute or regulation, including, without limitation: the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act, the Americans with Disabilities Act, ; Title VII of the Civil Rights Act of 1964; the Americans with Disabilities Act of 1990; the Xxxxx Xxxxxxxxx Fair Pay Act; the Genetic Information Non-Discrimination Act; the Employee Retirement Income Security Act of 1974; the Rehabilitation Act of 1973; the Family and Medical Leave Act of 1993, as amended in 2009; the Civil Rights Act of 1866; the Civil Rights Act of 1872; and the Fair Labor Standards Act; and any state or local laws governing the same subject matter, and the Florida Civil Rights Act); • under any other federal or state statute or constitution federal, state, or local ordinance; • law prohibiting discrimination and/or harassment on the basis of defamation race, color, age, religion, sexual orientation, religious creed, sex, national origin, ancestry, alienage, citizenship, nationality, mental or other torts; • for wagesphysical disability, bonusesdenial of family and medical care leave, incentive compensationmedical condition (including cancer and genetic characteristics), stockmarital status, stock optionsmilitary status, vacation pay gender identity, harassment or any other compensation or benefits, either under the Florida Wage Discrimination Law, the Florida Minimum Wage Act, the Florida Equal Pay Law, or otherwisebasis prohibited by law; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees. provided, however, that notwithstanding the foregoing, nothing contained in this release Section shall not affect the in any way diminish or impair: (A) any rights Executive may have to vested benefits under employee benefit plans; (B) Executive’s rights (i) under right to enforce this ReleaseAgreement or in respect of the Accrued Obligations; (ii) to any claim that arises after the date the Executive signs this Release; (ii) to the payments and benefits payable to the Executive under Section 6 of the Employment Agreement, (iii) in any equity awards granted by the Company or the Parent that the Executive holds as of the date the Executive signs this Release, which shall remain subject to the terms and conditions of the applicable equity award agreement (as amended by the Equity Letter), (iv) to indemnification and expense advancement and reimbursement under the policies or governing instruments of the Releasees and for coverage under any directors and officers liability insurance policies maintained by the Releasees; (vC) any claim with respect to vested and accrued benefits under any benefit plans of the Releasees in which the Claims Executive participated during his employment; or (vi) to any claim may have that cannot be waived under applicable law. In addition, nothing in such as unemployment benefits, workers’ compensation and disability benefits; (D) any Claims or about this Release prohibits rights to indemnification, contribution, exculpation and insurance coverage as an officer, director, or employee of the Executive from: (w) filing andCompany or its affiliates and predecessors or successors, as provided for under Section 21F the Company’s organizational documents, indemnification agreements (including, without limitation, Indemnification Agreement dated as of the Securities Exchange Act date hereof (an executed copy of 1934which is attached hereto as Exhibit C) and/or any insurance policies providing for such rights (all of which shall survive the Separation Date for so long as is necessary to cover the applicable period of Executive’s service, as amended (and shall not be any less favorable to Executive than any other executive officer or director of the “Exchange Act”), maintaining the confidentiality of a claim with the Securities and Exchange Commission (the “SEC”Company or its affiliates or their respective predecessors or successors); (xE) providing any information about this Release to the SECrights in respect of vested equity or equity awards Executive (or his affiliates, or providing the SEC with information that would otherwise violate any section of this Releaseestate planning trusts, to the extent permitted by Section 21F and/or family members) holds as of the Exchange Act; date hereof (ywhether vested under any Company plan or purchased) cooperatingin accordance with applicable governing documents, participating or assisting (F) rights as a shareholder in an SEC investigation or proceeding without notifying the Companyconnection with Executive’s equity ownership; or (zG) receiving a monetary award as set forth in Section 21F rights to enforce or challenge the validity of this Agreement (collectively, the Exchange Act. The “Excluded Claims”). (b) Executive agrees not to accept damages of any naturerepresents and warrants that, other equitable or legal remedies for the Executive’s own benefit or attorney’s fees or costs from any of the Releasees except with respect to the Excluded Claims and Accrued Obligations, the Company and other Company Releasees have fully satisfied any Claim released and all obligations whatsoever owed to Executive arising out of Executive’s employment with Company or any other Company Releasee, and that no further payments or benefits are owed to Executive by this Releasethe Company or any other Company Releasee. As a material inducement Executive has reported all hours worked to the Company and has been paid and has received all compensation, including all wages, overtime, bonuses, incentive compensation, commissions, equity grants, benefits, sick pay, vacation pay, or other compensation or payments or form of remuneration of any kind or nature, as well as reimbursement for all reasonable and necessary business, travel and entertainment expenses incurred on behalf of the Company. (c) Executive further understands and agrees that, except for the Excluded Claims, Executive has knowingly relinquished, waived and forever released any and all rights to enter any personal recovery in any action or proceeding that may be commenced on Executive’s behalf arising out of the aforesaid employment relationship or the termination thereof, including, without limitation, claims for back pay, front pay, liquidated damages, compensatory damages, general damages, special damages, punitive damages, exemplary damages, costs, expenses and attorneys’ fees. (d) As a condition of the Company entering into this ReleaseAgreement, the Executive further represents that the Executive has not assigned any Claim to any third party. The Executive acknowledges and agrees that the Executive is not entitled to any wages, salary, commissions, vacation, equity, bonuses, or any other compensation or benefits from filed against the Company or any of its affiliatesthe other Company Releasees, except as is expressly any complaints, claims or lawsuits with any court, administrative agency or arbitral tribunal prior to the date hereof, and that Executive has not transferred to any other person any such complaints, claims or lawsuits. (e) In consideration of Executive’s release of claims set forth in Section 6 this Agreement and for good and other valuable consideration set forth herein which the parties acknowledge and agree, the Company, on its behalf and on behalf of its parents, subsidiaries and affiliates, together with each of the Employment Agreement foregoing entities’ respective owners, principals, partners, officers, directors, employees, agents, members, managers, attorneys, employee benefits plans and such plans’ administrators, fiduciaries, trustees, record keepers and service providers, and each of their respective predecessors, successors, and assigns (collectively, the “Releasing Parties”), voluntarily, knowingly, and willingly releases and forever discharges Executive and his heirs and each of his heirs, executors, administrators, attorneys or representatives, successors and assigns from any and all Claims and such other claims and rights of any nature whatsoever that the Releasing Parties now have, may have, or in the future may have against Executive; provided, however, the foregoing release shall not waive any claims the Releasing Parties may have against Executive arising from or related to: (i) Executive’s breach of this Agreement; (ii) Executive’s illegal or material bad faith acts; and (iii) any claims for which Executive would not be eligible for indemnification under the Indemnification Agreement, applicable law, or the Company’s governing documents. The Company acknowledges that as of the date hereof, the Company is not aware of any illegal or material bad faith acts of Executive or any claims described in (iii) hereof. (f) Without limiting the rights and obligations set forth in the Indemnification Agreement, and in addition thereto, the Company agrees to hold harmless and indemnify the Executive to the fullest extent authorized or permitted by the provisions of the Charter, the Bylaws and the Equity LetterDGCL (each as defined in the Indemnification Agreement), as the same may be amended from time to time (but, only to the extent that such amendment permits the Company to provide broader indemnification rights than the Charter, the Bylaws or the DGCL permitted prior to adoption of such amendment) and on the same terms and conditions on which the Company indemnifies its current directors and officers. The Company shall continue to maintain directors and officers insurance coverage, and will not seek any exclusion for past directors and officers, including Executive.

Executive’s Release of Claims. In exchange for and in the consideration of the severance benefits provided in the Employment to Executive pursuant to this Agreement, Executive, on behalf of Executive and subject to the terms all of Executive’s spouse, heirs, executors, administrators, successors, and conditions of the Employment Agreement in all respects except as it may be modified hereinassigns (collectively, the “Executive Releasors”), hereby knowingly and voluntarily releases and forever waives and discharges the CompanyCompany and/or its current and former parents, the Parentaffiliates, subsidiaries, divisions, predecessor companies, related companies, their successors and assigns, their affiliated and related entitiespredecessor companies and the current and former employees, their respective predecessorsattorneys, successors representatives, insurers, equityholders, owners, members, officers, general partners, limited partners, directors and assigns, its and their respective employee benefit plans and fiduciaries of such plansagents thereof, and the current and former trustees or administrators of any pension or other benefit plan applicable to Executive or any other current or former executives of the Company, and investment funds or other investment vehicles managed by any of the foregoing and/or for which they perform services (collectively, with the Company, the “Company Group” and each a “Company Group Member”), and each Company Group Member’s respective current and former directors, members, managerstrustees, controlling shareholders, subsidiaries, general partners, directorslimited partners, affiliates, related companies, divisions, officers, shareholders, employees, attorneysagents, accountants insurers, representatives, and agents of each of the foregoing in their official and personal capacities attorneys (collectively with the Company Group, referred to throughout the remainder of this Agreement as the “Company Releasees,” and each a “Company Releasee”) generally ), of and from any and all claims, including statutory claims, regulatory claims and claims under this Agreement, demands, debts, damages obligations, promises, controversies, compensatory damages, liquidated damages, punitive or exemplary damages, any other damages, claims for costs and attorneys’ fees, rights, actions and causes of action, losses or liabilities of every name any nature whatsoever in law and naturein equity and any other claims, liabilities or matters, known or unknown unknown, suspected or unsuspected, foreseen or unforeseen, whether accrued or contingent, which Executive or any of the other Releasors had, has or may have against the Company Releasees, or any of them, from the beginning of time through the Effective Date (defined below), including, but not limited to, by reason of, arising out of, connected with, or concerning Executive’s employment or service with the Company and/or separation from the Company, the Employment Agreement or Plan except claims that the law does not permit Executive or any of the Releasors to waive (collectively, the “Executive Released Claims”) that). Executive acknowledges that the Released Claims specifically include, as but are not limited to, any and all claims for fraud, breach of express or implied contract, breach of the date when the Executive signs this Releaseimplied covenant of good faith and fair dealing, the Executive hasinterference with contractual rights, ever had, now claims to have or ever claimed to have had against any or all of the Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating to the Executive’s employment by and termination from employment with the Company or any related entity; • of wrongful discharge or violation of public policy; • , invasion of privacy, intentional or negligent infliction of emotional distress, whistleblowing laws, intentional or negligent misrepresentation, defamation, libel, slander, or breach of contractprivacy; • claims for failure to pay wages, benefits, deferred compensation, commissions, bonuses, vacation / PTO pay, expenses, severance pay, pay in lieu of notice, attorneys’ fees, or other compensation of any sort; claims related to equity or equity-based awards or costs, or other grants, awards, or warrants; claims related to any tangible or intangible property of Executive that remains with the Company; claims for retaliation, harassment or discrimination on the basis of race, color, sex, sexual orientation, national origin, ancestry, religion, age, disability, medical condition, marital status, gender identity, gender expression, or retaliation any other characteristic or criteria protected by law; any claim under federal, state or local law (including, without limitation, Claims under the Age Discrimination in Employment Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 19641964 (Title VII, and as amended), 42 U.S.C. §§ 2000e, et seq., the Florida Civil Rights Act); • under any other federal or state statute or constitution or local ordinance; • Act of defamation or other torts; • for wages, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits, either under the Florida Wage Discrimination Law1991, the Florida Minimum Wage Civil Rights Act of 1866, the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601, et seq., the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. §§ 621 et seq., the Older Workers Benefit Protection Act, the Florida Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., the Equal Pay LawAct, 29 U.S.C. 4855-3238-1311v.2 §206(a), the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq., the Consolidated Omnibus Budget Reconciliation Act of 1986 (“COBRA”), the Occupational Safety and Health Act (“OSHA”), the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §§ 4301-4333, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), 29 U.S.C. §§ 301, et seq., the Vietnam Era Veterans Readjustment Act of 1974, the Immigration Reform and Control Act of 1986, 8 U.S.C. §§ 1101, et seq., the Equal Pay Act, the Labor Management Relations Act, the National Labor Relations Act, the Internal Revenue Code of 1986, as amended, the Worker Adjustment and Retraining Notification Act (“WARN”), 29 U.S.C. §§ 2101 et seq., the Genetic Information Nondiscrimination Act of 2008 (“XXXX”) 42 U.S.C. §§ 2000ff, et seq., the Patient Protection and Affordable Care Act (“ACA”) 42 U.S.C. §§ 18001, et seq., all claims arising under the Xxxxxxxx-Xxxxx Act of 2002 (Public Law 107-204), including whistleblowing claims under 18 U.S.C.§§ 1513(e) and 1514A, and any and all other foreign, federal, state, or otherwise; local laws, common law, or case law, including but not limited to all statutes, regulations, common law, and • for damages any other applicable law, as such laws are amended from time to time. This release is intended to be a general release and excludes only those claims under any statute or other remedies of any sortcommon law that Executive is legally barred from releasing, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees. provided, however, that this release shall not affect the Executive’s rights as well as (i) claims for workers’ compensation or unemployment benefits and vested retirement or welfare benefits, if any, under this Releaseany Company sponsored plans; (ii) any right to enforce any claim that arises term of this Agreement; (iii) any claims based on acts or events occurring after the date the Executive signs this Release; (ii) to the payments and benefits payable to the Executive under Section 6 of the Employment Agreement, (iii) in any equity awards granted by the Company except for claims arising from Executive’s employment or the Parent that the Executive holds as separation of the date the Executive signs this Releaseemployment with Company, which shall remain subject to the terms and conditions of the applicable equity award agreement (as amended are being released by the Equity Letter), this Agreement; (iv) the right to indemnification and expense advancement and reimbursement under file a charge or complaint with, or provide testimony, assistance or participation in, any investigation, proceeding or hearing conducted by any federal, state or local governmental agency, including but not limited to the policies or governing instruments of the Releasees and for coverage under any directors and officers liability insurance policies maintained by the ReleaseesEEOC; (v) the right to report violations of any claim with respect to vested law administered by the Occupational Safety and accrued benefits under any benefit plans of the Releasees in which the Executive participated during his employment; or Health Administration (vi) to any claim that cannot be waived under applicable law. In addition, nothing in or about this Release prohibits the Executive from: (w) filing and, as provided for under Section 21F of the Securities Exchange Act of 1934, as amended (the “Exchange ActOSHA”), maintaining the confidentiality of a claim with the Securities and Exchange Commission (the “SEC”), or make other disclosures protected under the whistleblower provisions of state or federal law; (xvi) providing any information about this Release of Executive’s claims, rights or entitlements related to or arising out of any of Executive’s restricted stock units or other stock options or equity holdings, vested or otherwise, as of the SECSeparation Date under any agreement or plan between Executive and any Company Releasee, which, for the avoidance of doubt, includes all equity units maintained in the UP-C structure and the ownership rights of the Executive’s Tax Receivable Agreement (TRA); (vii) claims for indemnification pursuant to any duly executed agreement or providing plan between Executive and any Company Releasee, including the SEC with information Indemnification Agreement dated February 4, 2021 (“Indemnification Agreement”); and (viii) any post-employment coverage for Executive under any Company Releasee insurance policy, including (without limitation) any D&O policy or EPL policy. Notwithstanding the foregoing, if an administrative agency or court assumes jurisdiction over any charge or complaint involving claims that would otherwise violate any section of this Release, to the extent permitted are released by Section 21F of the Exchange Act; (y) cooperating4(a), participating or assisting in an SEC investigation or proceeding without notifying the Company; or (z) receiving a monetary award as set forth in Section 21F of the Exchange Act. The Executive hereby agrees not to accept accept, recover, or receive any resulting money damages of any natureor other relief that otherwise would be due; provided that Executive may receive financial awards from OSHA, other equitable or legal remedies for the Executive’s own benefit or attorney’s fees or costs from any of the Releasees with respect to any Claim released by this Release. As a material inducement to the Company to enter into this Release, the Executive represents that the Executive has not assigned any Claim to any third party. The Executive acknowledges and agrees that the Executive is not entitled to any wages, salary, commissions, vacation, equity, bonusesSEC, or any other compensation federal agency for reporting possible violations of federal law or benefits regulation in cases where the law prohibits Executives from the Company or any of its affiliates, except as is expressly set forth in Section 6 of the Employment Agreement and the Equity Letterwaiving their rights to receive such payments.

Executive’s Release of Claims. In exchange for the Separation Benefits described above, to which Executive would not otherwise be entitled, Executive, on behalf of himself and in consideration of the severance benefits provided in the Employment Agreementhis successors, heirs, and subject to the terms and conditions of the Employment Agreement in all respects except as it may be modified herein, the Executive voluntarily releases and forever discharges the Company, the Parent, their affiliated and related entities, their respective predecessors, successors and assigns, its and their respective employee benefit plans and fiduciaries of such plans, and the current and former members, managers, partners, directors, officers, shareholders, employees, attorneys, accountants and agents of each of the foregoing in their official and personal capacities assigns (herein collectively referred to as the “Releasees”) generally from all claims), demandshereby fully and forever releases Intrepid and each of its respective current and former parent companies, debtssubsidiaries, damages predecessor and liabilities successor corporations, other affiliated companies, and assigns as well as any of every name their respective past, present, and naturefuture, insurers, directors, officers, agents, shareholders, employees, investors, members, managers, administrators, or attorneys (herein collectively referred to as “Released Parties”), and agrees not to sue, or in any manner to institute, prosecute or pursue, or cause to be instituted, prosecuted, or pursued, any claim, duty, obligation or cause of action relating to any matters of any kind, whether presently known or unknown unknown, suspected or unsuspected, that he may possess or believe to possess against any of the Released Parties arising from any omissions, acts or facts that have occurred up until and including the date that he signs this Agreement (collectively, the “Claims”) that), as of the date when the Executive signs this Release, the Executive has, ever had, now claims including but not limited to have or ever claimed to have had against any or and all of the Releasees. This general release of Claims includes, without implication of limitation, the release of all Claims: • relating to the or arising from Executive’s employment by relationship with Intrepid and the termination from employment with the Company or of that relationship. This release applies to any related entity; • of wrongful discharge or violation of public policy; • of breach of contract; • of discrimination or retaliation under federal, and all matters that Executive could have asserted in any state or local law (includingfederal judicial or administrative forum, without limitationup to the date of this Agreement, Claims other than a claim for vested benefits, unemployment compensation, or worker’s compensation. Specifically, but not limited to, this release includes claims under the Age Discrimination following statutes (in Employment each case as the statute(s) may have been amended) and common law claims: · the Equal Pay Act, ; · the Americans with Disabilities Fair Labor Standards Act, ; · the National Labor Relations Act; · Title VII of the Civil Rights Act of 1964, ; · the Post-Civil War Reconstruction Acts (42 U.S.C. §§ 1981-1988); · the Americans with Disabilities Act; · the Age Discrimination in Employment Act; · the Older Workers Benefit Protection Act; · the Rehabilitation Act of 1973; · the Worker Adjustment and Retraining Notification Act; · the Florida Civil Employee Retirement Income Security Act; · the Uniformed Services Employment and Reemployment Rights Act); • under · the Occupational Safety and Health Act; · the Pregnancy Discrimination Act; · the Immigration Reform and Control Act; · the Family and Medical Leave Act; · the Genetic Information Nondiscrimination Act; · the Families First Coronavirus Relief Act, or any other federal or similar state statute or constitution or local ordinancelaws; • of defamation or other torts· the Fair Credit Reporting Act; • for wages, bonuses, incentive compensation, stock, stock options, vacation pay or any other compensation or benefits, either under · the Florida Wage Discrimination Law, the Florida Minimum Colorado Wage Act, the Florida Colorado Wage Orders, and any other state or local wage payment laws, to the fullest extent permitted by law; · the Colorado Anti-Discrimination Act; · Colorado’s Protecting Opportunities and Workers’ Rights Act; · Colorado’s Chance to Compete Act; · Colorado’s Employment Opportunity Act; · Colorado’s Equal Pay Lawfor Equal Work Act and Transparency in Pay and Opportunities Act; · Colorado’s WARNING Act and interpreting rules; · Colorado’s Healthy Families and Workplaces Act; · Colorado’s Paid Family and Medical Leave Insurance law; · the Colorado Public Health Emergency Whistleblower Act; · Colo. Rev. Stat. § 8-2-113; · Colo. Rev. Stat. § 24-24-402.5; · the Colorado Employment Security Act; · Colorado’s Social Media and the Workplace law; · Colorado’s Pregnancy Discrimination and Workplace Accommodations for Nursing Mothers Acts; · any other federal, state, or otherwiselocal statutes, ordinances, or common laws; · any and • all claims for damages unpaid compensation or other remedies benefits; · any claim of retaliation or whistleblower discrimination; · any sortclaim of wrongful discharge against public policy; · any claim of defamation, includingor for pain and suffering, without limitationintentional infliction of emotional distress or similar claims; · any claim in tort or contract, compensatory damagesor for promissory estoppel or violation of a covenant of good faith and fair dealing; · any claims for violation of privacy, fraud, negligent misrepresentation, and/or negligence; · any and all claims for monetary or equitable relief, including but not limited to attorneys’ fees, costs, back pay, front pay, reinstatement, experts’ fees, medical fees or expenses, disbursements, punitive damages, injunctive relief liquidated damages, and/or penalties; and attorney’s fees· any other claim arising out of federal, state, or local statute, common law, acts, rules, ordinance, regulations or other laws and their respective implementing regulations. providedNothing in this Agreement waives or releases any rights or claims that, howeverby law, that this release shall not affect the Executive’s rights (i) under this Release; (ii) to any claim that arises after the date the Executive signs this Release; (ii) to the payments and benefits payable to the Executive under Section 6 of the Employment Agreement, (iii) in any equity awards granted by the Company or the Parent that the Executive holds as of the date the Executive signs this Release, which shall remain subject to the terms and conditions of the applicable equity award agreement (as amended by the Equity Letter), (iv) to indemnification and expense advancement and reimbursement under the policies or governing instruments of the Releasees and for coverage under any directors and officers liability insurance policies maintained by the Releasees; (v) any claim with respect to vested and accrued benefits under any benefit plans of the Releasees in which the Executive participated during his employment; or (vi) to any claim that cannot be waived under applicable lawor released. In additionFor example, nothing in this Agreement shall be construed to prohibit Executive from volunteering information or about this Release prohibits documents, filing a charge with, or otherwise participating in any investigation or proceedings conducted by the Executive from: (w) filing andEqual Employment Opportunity Commission, as provided for under Section 21F of the Securities Exchange Act of 1934National Labor Relations Board, as amended (the “Exchange Act”), maintaining the confidentiality of a claim with the Securities and Exchange Commission (the “SEC”); (x) providing any information about this Release to the SEC, or providing the SEC with information that would otherwise violate any section of this Release, to the extent permitted by Section 21F of the Exchange Act; (y) cooperating, participating or assisting in an SEC investigation or proceeding without notifying the Company; or (z) receiving a monetary award as set forth in Section 21F of the Exchange Act. The Executive agrees not to accept damages of any nature, other equitable or legal remedies for the Executive’s own benefit or attorney’s fees or costs from any of the Releasees with respect to any Claim released by this Release. As a material inducement to the Company to enter into this Release, the Executive represents that the Executive has not assigned any Claim to any third party. The Executive acknowledges and agrees that the Executive is not entitled to any wages, salary, commissions, vacation, equity, bonusesCommission, or any other federal, state, or local government agency or commission (collectively “Government Agencies” and each a “Government Agency”) charged with enforcement of any law. Further, nothing in this Agreement affects claims under statutes that prohibit an employee from waiving or releasing such claims, including but not limited to claims for unemployment benefits, workers’ compensation benefits, vested benefits under an ERISA plan, or benefits from statutory claims which, in accordance with the Company statutes creating such claims, may not be waived or released. Notwithstanding the foregoing, Executive agrees that by executing this Agreement, he affirms that the Separation Benefits are the only legal remedy he may receive as compensatory damages or for lost back or front wages and waives any right to recover personally monetary damages or any other individual relief as a result of its affiliatesany charge, except as is expressly set forth in Section 6 of complaint, or lawsuit filed by him or by anyone, including but not limited to a Government Agency, on his behalf to the Employment fullest extent permitted under the law. This Agreement and the Equity Letterdoes not limit Executive’s right to receive any award unrelated to any claim for damages for information provided to any Government Agency.