Common use of Executive’s Release Clause in Contracts

Executive’s Release. In consideration of the benefits and severance pay described in Section 6(e) of the Employment Agreement, and the promises, covenants and other valuable consideration provided by Triad in this Agreement, and subject thereto, Executive releases Triad and any of its direct or indirect parents, predecessors, successors, subsidiaries, affiliates or related companies, and their respective officers, directors, shareholders, executives, attorneys, agents successors and assigns, (collectively referred to as “Releasees,”) from any and all claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including attorney’s fees) of any kind whatsoever, including, but not limited to, disputes or claims arising out of Executive’s hiring, employment or termination of such employment with Triad, or arising out of any act committed or omitted during or after the existence of such employment relationship, including any disputes regarding compensation. This release includes, but is not limited to, all claims, whether arising in contract or allegations of tort, common law or assertion of federal or state statutory rights, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Executive Retirement Income Security Act, claims for wrongful discharge, breach of express or implied contract or implied covenant of good faith and fair dealing, as well as any expenses, costs or attorney’s fees. Furthermore, Executive agrees and hereby relinquishes any right to re-employment with Triad. However, Executive does not release his right to enforce the terms of this Agreement, or the obligations to him under the Employment Agreement and Option Documents that by the terms thereof expressly continue after his employment ends (the “Continuing Obligations”). Executive hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages as well as those that are now disclosed. In exchange for the Severance benefits described in Section 6(e) of the Employment Agreement, Executive further agrees never to file a lawsuit asserting any claims that are released in this Agreement and further agrees not to accept any recoveries or benefits which may be obtained on his behalf by any other person or agency or in any class action; provided that nothing in this Agreement shall be construed to prohibit Executive from challenging the validity of this Agreement, enforcing the Continuing Obligations, filing a charge with the Equal Employment Opportunity Commission, or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission.

Executive’s Release. In consideration of the benefits and severance pay described in Section 6(e) of the Employment Agreement, and the promises, covenants and other valuable consideration provided by Triad in this Agreement, and subject thereto, Executive releases Triad and any of its direct or indirect parents, predecessors, successors, subsidiaries, affiliates or related companies, and their respective officers, directors, shareholders, executives, attorneys, agents successors and assigns, (collectively referred to as “"Releasees,”") from any and all claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including attorney’s 's fees) of any kind whatsoever, including, but not limited to, disputes or claims arising out of Executive’s 's hiring, employment or termination of such employment with Triad, or arising out of any act committed or omitted during or after the existence of such employment relationship, including any disputes regarding compensation. This release includes, but is not limited to, all claims, whether arising in contract or allegations of tort, common law or assertion of federal or state statutory rights, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Executive Retirement Income Security Act, claims for wrongful discharge, breach of express or implied contract or implied covenant of good faith and fair dealing, as well as any expenses, costs or attorney’s 's fees. Furthermore, Executive agrees and hereby relinquishes any right to re-employment with Triad. However, Executive does not release his right to enforce the terms of this Agreement, or the obligations to him under the Employment Agreement and Option Documents that by the terms thereof expressly continue after his employment ends (the “"Continuing Obligations”"). Executive hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages as well as those that are now disclosed. In exchange for the Severance benefits described in Section 6(e) of the Employment Agreement, Executive further agrees never to file a lawsuit asserting any claims that are released in this Agreement and further agrees not to accept any recoveries or benefits which may be obtained on his behalf by any other person or agency or in any class action; provided that nothing in this Agreement shall be construed to prohibit Executive from challenging the validity of this Agreement, enforcing the Continuing Obligations, filing a charge with the Equal Employment Opportunity Commission, or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission.

Executive’s Release. In consideration of the benefits and severance pay described in Section 6(e8(e) of the Employment Agreement, and the promises, covenants and other valuable consideration provided by Triad in this Agreement, and subject thereto, Executive releases Triad and any of its direct or indirect parents, predecessors, successors, subsidiaries, affiliates or related companies, and their respective organizations, officers, directors, shareholders, executivesExecutives, attorneys, agents successors and assignsagents, (collectively referred to as “"Releasees,”) " from any and all claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including attorney’s 's fees) of any kind whatsoever, including, but not limited to, disputes or claims arising out of Executive’s 's hiring, employment or termination of such employment with Triad, or arising out of any act committed or omitted during or after the existence of such employment relationship, including any disputes regarding compensation. This release Release includes, but is not limited to, all claims, whether arising in contract or allegations of tort, common law or assertion of federal or state statutory rights, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Executive Retirement Income Security Act, claims for wrongful discharge, breach of express or implied contract or implied covenant of good faith and fair dealing, as well as any expenses, costs or attorney’s 's fees. Furthermore, Executive agrees and hereby relinquishes any right to re-employment with Triad. However, Executive does not release his right to enforce the terms of this Agreement, or the obligations to him under the Employment Agreement and Option Documents that by the terms thereof expressly continue after his employment ends (the “"Continuing Obligations”"). To the extent permitted by law, Executive hereby waives and releases any and all rights under Section 1542 of the California Civil Code or any analogous state, local, or federal law, statute, rule, order or regulation, Executive has or may have with respect tot the Released Parties. California Civil Code Section 1542 reads as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Executive hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages as well as those that are now disclosed. In exchange for the Severance benefits described in Section 6(e8(e) of the Employment Agreement, Executive further agrees never to file a lawsuit asserting any claims that are released in this Agreement and further agrees not to accept any recoveries or benefits which may be obtained on his behalf by any other person or agency or in any class action; provided that nothing in this Agreement shall be construed to prohibit Executive from challenging the validity of this Agreement, enforcing the Continuing Obligations, filing a charge with the Equal Employment Opportunity Commission, or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission.

Executive’s Release. In consideration of the benefits and severance pay described in Section 6(e) of the Employment Agreement, and the promises, covenants and other valuable consideration provided by Triad Company in this Agreement, and subject theretoto fully compromise and settle any and all claims and causes of action of any kind whatsoever except as provided in this Agreement, Executive releases Triad hereby unconditionally release and any of discharge Company and its direct or indirect parentscurrent and former employees, predecessorsofficers, successorsagents, subsidiariesdirectors, shareholders and affiliates or related companies, and their respective current and former employees, officers, agents, directors, shareholders, executives, attorneys, agents successors shareholders and assigns, affiliates (collectively referred to as “Releasees,Company Released Parties”) from any and all claims, causes of action, losses, obligations, liabilities, damages, judgments, costs, expenses (including attorney’s attorneys’ fees) of any kind nature whatsoever, known or unknown, contingent or non-contingent (collectively, “Claims”), that Executive has as of the date of this Agreement, including, but not limited to, disputes or claims those arising (i) out of Executive’s hiring, employment or employment, termination of such employment with TriadCompany or the Termination Agreements and (ii) under federal or state law, including, but not limited to, the Age Discrimination in Employment Act of 1967, 42 U.S.C. §§ 1981-1988, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Employee Retirement Income Security Act of 1974, the Consolidated Omnibus Budget Reconciliation Act, the National Labor Relations Act, the Occupational Safety and Health Act, the Fair Labor Standards Act, the Family and Medical Leave Act of 1993, the Workers Adjustment and Retraining Act, the Americans with Disabilities Act of 1990, the Texas Labor Code, the Texas Commission on Human Rights Act, the Texas Payday Act, Chapter 38 of the Texas Civil Practices and Remedies Code, and any provision of the state or arising out of any act committed federal Constitutions or omitted during or after the existence of such employment relationship, including any disputes regarding compensationTexas common law. This release includes, but is not limited to, any Claims Executive may have for salary, wages, severance pay, vacation pay, sick pay, bonuses, benefits, pension, stock options, overtime, and any other compensation or benefit of any nature. This release also includes, but is not limited to, all claims, whether arising in contract or allegations of tort, common law or assertion of federal or state statutory rights, claims including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Executive Retirement Income Security Act, claims for wrongful discharge, breach of express or implied contract or contract, implied covenant of good faith and fair dealing, as well as any expensesintentional infliction of emotional distress, costs fraud, negligence, defamation, conspiracy, invasion of privacy, and/or tortious interference with current or attorney’s feesprospective business relationships. Furthermore, Executive agrees and hereby relinquishes any right to re-employment with Triadany of the Company Released Parties. Except as specifically set forth in this Agreement, Executive also relinquishes any right to payment or benefits (other than vested rights) under any benefit plan maintained or previously or subsequently maintained by Company or any of the Released Parties or any of its or their respective predecessors or successors. However, Executive does not release (a) his right to enforce the terms of this Agreement, or the obligations to him (b) his rights under the Employment Indemnification Agreement effective as of June 1, 2005 between Executive and Option Documents Company (“Indemnification Agreement”), (c) his rights to indemnification or advancement of expenses under Company’s charter or by-laws or under any applicable policy (specifically including any applicable “directors and officers” insurance policy) of or maintained by Company that by is applicable to its directors or officers, and (d) his rights, if any, under each of the terms thereof expressly continue after his employment ends plans listed on Appendix A (collectively, such plans referred to as the “Continuing ObligationsCompensation Plans”). Executive hereby expressly agrees that this Agreement shall extend and apply to all unknown, unsuspected and unanticipated injuries and damages as well as those that are now disclosed. In exchange for the Severance benefits described in Section 6(e) of the Employment Agreement, Executive further agrees never to file a lawsuit asserting any claims that are released in this Agreement and further agrees not to accept any recoveries or benefits which may be obtained on his behalf by any other person or agency or in any class action; provided that nothing in this Agreement shall be construed to prohibit Executive from challenging the validity of this Agreement, enforcing the Continuing Obligations, filing a charge with the Equal Employment Opportunity Commission, or participating in any investigation or proceeding conducted by the Equal Employment Opportunity Commission.