Common use of FORM OF GENERAL RELEASE Clause in Contracts

FORM OF GENERAL RELEASE. For and in consideration of the severance payments provided to _______________ ("Executive") pursuant to the Employment Agreement between AtheroGenics, Inc. ("Employer") and Executive, effective as of ________________, 200__, which is expressly incorporated by reference herein, along with other consideration, the receipt and sufficiency of which are hereby acknowledged, Executive does hereby release, acquit, and forever discharge Employer (or any affiliate, officer, director or employee of Employer) from, and does hereby covenant and agree never to institute or cause to be instituted any suit or other form of action or proceeding of any kind or nature whatsoever against Employer (or any affiliate, officer, director, or employee of Employer) based upon, any and all claims, demands, indebtedness, agreements, promises, causes of action, obligations, damages, or liabilities of any nature whatsoever, in law or in equity, whether or not known, suspected or claimed, that Executive ever had, has claimed to have, now has, or may hereafter have or claim to have against Employer by reason of any act, event, occurrence, or thing occurring on or before the date of this General Release. The claims released herein specifically include, but are not limited to, any claims arising in tort or contract, any claim based on wrongful discharge, any claim based on breach of contract, any claim based on sexual harassment or any other form of workplace harassment, and any claim arising under federal, state or local law prohibiting race, sex, age, religion, national origin, handicap, disability or other forms of discrimination, or retaliation, including but not limited to Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Pregnancy Discrimination Act; the Americans with Disabilities Act; the Family and Medical Leave Act; and the Employee Retirement Income Security Act, each as amended. Executive acknowledges that he has been advised to consult with an attorney of his choice regarding the form and content of this General Release, and that he enters into this General Release voluntarily and of his own free will. Executive further acknowledges that he has been provided with a period of at least twenty-one (21) days within which to consider the terms of this General Release. Executive understands that he may revoke this General Release within seven (7) days after signing it, by delivering written notice of revocation to the Chief Executive Officer of Employer, and that this General Release will not become effective or enforceable until the seven-day revocation period has expired. Executive acknowledges that execution of this General Release is a condition precedent to receipt of the severance payments provided in the Employment Agreement, and that, in the absence of fulfilling this condition precedent by executing this General Release, Executive would not be entitled to receive those severance payments. If Executive revokes this General Release within seven (7) days after signing it, it will become null and void, and Executive will not be entitled to any of the severance benefits provided in the Employment Agreement. This General Release and the releases and covenants contained herein shall be binding upon Executive, his heirs, executors, administrators, assigns, agents, attorneys in fact, attorneys at law, and representatives. This General Release and the releases and covenants contained herein shall inure to the benefit of Employer and each of its predecessors, successors, and assigns, and to each of its and their past and present employees, agents, attorneys in fact, attorneys at law, representatives, officers, directors, shareholders, partners, joint venturers, and all of said individuals’ heirs, executors, administrators and assigns. Witness the execution of this General Release on the ____ day of ________, 200__. __________________________________ Executive EXHIBIT B LIST OF PRIOR INVENTIONS

FORM OF GENERAL RELEASE. For and in consideration of the severance payments provided to _______________ ("“Executive"”) pursuant to the Employment Agreement between AtheroGenics, Inc. ("“Employer"”) and Executive, effective as of ________________, 200__, which is expressly incorporated by reference herein, along with other consideration, the receipt and sufficiency of which are hereby acknowledged, Executive does hereby release, acquit, and forever discharge Employer (or any affiliate, officer, director or employee of Employer) from, and does hereby covenant and agree never to institute or cause to be instituted any suit or other form of action or proceeding of any kind or nature whatsoever against Employer (or any affiliate, officer, director, or employee of Employer) based upon, any and all claims, demands, indebtedness, agreements, promises, causes of action, obligations, damages, or liabilities of any nature whatsoever, in law or in equity, whether or not known, suspected or claimed, that Executive ever had, has claimed to have, now has, or may hereafter have or claim to have against Employer by reason of any act, event, occurrence, or thing occurring on or before the date of this General Release. The claims released herein specifically include, but are not limited to, any claims arising in tort or contract, any claim based on wrongful discharge, any claim based on breach of contract, any claim based on sexual harassment or any other form of workplace harassment, and any claim arising under federal, state or local law prohibiting race, sex, age, religion, national origin, handicap, disability or other forms of discrimination, or retaliation, including but not limited to Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Pregnancy Discrimination Act; the Americans with Disabilities Act; the Family and Medical Leave Act; and the Employee Retirement Income Security Act, each as amended. Executive acknowledges that he has been advised to consult with an attorney of his choice regarding the form and content of this General Release, and that he enters into this General Release voluntarily and of his own free will. Executive further acknowledges that he has been provided with a period of at least twenty-one (21) days within which to consider the terms of this General Release. Executive understands that he may revoke this General Release within seven (7) days after signing it, by delivering written notice of revocation to the Chief Executive Officer of Employer, and that this General Release will not become effective or enforceable until the seven-day revocation period has expired. Executive acknowledges that execution of this General Release is a condition precedent to receipt of the severance payments provided in the Employment Agreement, and that, in the absence of fulfilling this condition precedent by executing this General Release, Executive would not be entitled to receive those severance payments. If Executive revokes this General Release within seven (7) days after signing it, it will become null and void, and Executive will not be entitled to any of the severance benefits provided in the Employment Agreement. This General Release and the releases and covenants contained herein shall be binding upon Executive, his heirs, executors, administrators, assigns, agents, attorneys in fact, attorneys at law, and representatives. This General Release and the releases and covenants contained herein shall inure to the benefit of Employer and each of its predecessors, successors, and assigns, and to each of its and their past and present employees, agents, attorneys in fact, attorneys at law, representatives, officers, directors, shareholders, partners, joint venturers, and all of said individuals’ heirs, executors, administrators and assigns. Witness the execution of this General Release on the ____ day of ________, 200__. __________________________________ Executive EXHIBIT B LIST OF PRIOR INVENTIONS

FORM OF GENERAL RELEASE. For and in consideration of the severance payments provided to _______________ ("“Executive"”) pursuant to the Employment Agreement between AtheroGenics, Inc. ("“Employer"”) and Executive, effective as of ________________, 200__200 , which is expressly incorporated by reference herein, along with other consideration, the receipt and sufficiency of which are hereby acknowledged, Executive does hereby release, acquit, and forever discharge Employer (or any affiliate, officer, director or employee of Employer) from, and does hereby covenant and agree never to institute or cause to be instituted any suit or other form of action or proceeding of any kind or nature whatsoever against Employer (or any affiliate, officer, director, or employee of Employer) based upon, any and all claims, demands, indebtedness, agreements, promises, causes of action, obligations, damages, or liabilities of any nature whatsoever, in law or in equity, whether or not known, suspected or claimed, that Executive ever had, has claimed to have, now has, or may hereafter have or claim to have against Employer by reason of any act, event, occurrence, or thing occurring on or before the date of this General Release. The claims released herein specifically include, but are not limited to, any claims arising in tort or contract, any claim based on wrongful discharge, any claim based on breach of contract, any claim based on sexual harassment or any other form of workplace harassment, and any claim arising under federal, state or local law prohibiting race, sex, age, religion, national origin, handicap, disability or other forms of discrimination, or retaliation, including but not limited to Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Pregnancy Discrimination Act; the Americans with Disabilities Act; the Family and Medical Leave Act; and the Employee Retirement Income Security Act, each as amended. Executive acknowledges that he has been advised to consult with an attorney of his choice regarding the form and content of this General Release, and that he enters into this General Release voluntarily and of his own free will. Executive further acknowledges that he has been provided with a period of at least twenty-one (21) days within which to consider the terms of this General Release. Executive understands that he may revoke this General Release within seven (7) days after signing it, by delivering written notice of revocation to the Chief Executive Officer of Employer, and that this General Release will not become effective or enforceable until the seven-day revocation period has expired. Executive acknowledges that execution of this General Release is a condition precedent to receipt of the severance payments provided in the Employment Agreement, and that, in the absence of fulfilling this condition precedent by executing this General Release, Executive would not be entitled to receive those severance payments. If Executive revokes this General Release within seven (7) days after signing it, it will become null and void, and Executive will not be entitled to any of the severance benefits provided in the Employment Agreement. This General Release and the releases and covenants contained herein shall be binding upon Executive, his heirs, executors, administrators, assigns, agents, attorneys in fact, attorneys at law, and representatives. This General Release and the releases and covenants contained herein shall inure to the benefit of Employer and each of its predecessors, successors, and assigns, and to each of its and their past and present employees, agents, attorneys in fact, attorneys at law, representatives, officers, directors, shareholders, partners, joint venturers, and all of said individuals’ heirs, executors, administrators and assigns. Witness the execution of this General Release on the ____ day of ________, 200__200 . __________________________________ Executive EXHIBIT B LIST OF PRIOR INVENTIONS

FORM OF GENERAL RELEASE. For Xxx X. Xxxxxxxxxxxx (“Releasor”) for and in consideration of the severance payments provided to _______________ Award ("Executive"as such term is defined in the Award Agreement) pursuant to described in the Employment Executive Incentive Award Agreement between AtheroGenicsXXXXX GROUP, Inc. INC., a Delaware corporation ("Employer"the “Company”) and Executive, effective Releasor dated as of ________________, 200__2006 (the “Award Agreement”) to be provided by the Company, which does for himself and his heirs, executors, administrators, successors and assigns, hereby now and forever, voluntarily, knowingly and willingly release and discharge SG (as such term is expressly incorporated by reference hereindefined in the Award Agreement) and its investors, along together with each of their respective subsidiaries and affiliates (other considerationthan XXXXX GROUP, INC. and its subsidiaries), together with each of their respective present and former partners, officers, directors, shareholders, employees and agents, and each of their predecessors, heirs, executors, administrators, successors and assigns (collectively, the receipt and sufficiency of which are hereby acknowledged, Executive does hereby release, acquit, and forever discharge Employer (or any affiliate, officer, director or employee of Employer“Company Releasees”) from, and does hereby covenant and agree never to institute or cause to be instituted any suit or other form of action or proceeding of any kind or nature whatsoever against Employer (or any affiliate, officer, director, or employee of Employer) based upon, from any and all liabilities, charges, complaints, claims, demands, indebtednesspromises, agreements, promisescontroversies, causes of action, obligations, damages, or liabilities action and demands of any nature whatsoever, in law known or in equity, whether or not knownunknown, suspected or claimedunsuspected, that Executive which against the Company Releasees, jointly or severally, Releasor or Releasor’s heirs, executors, administrators, successors or assigns ever had, has claimed to havenow have or hereafter can, now has, shall or may hereafter have or claim to have against Employer by reason of any actmatter, event, occurrence, cause or thing occurring on or before whatsoever arising from the date beginning of time to the time Releasor executes this Release. Without limiting the preceding sentence, this General Release. The claims released herein specifically includeRelease includes, but are is not limited to, any rights or claims arising in tort under any statute or contract, any claim based on wrongful discharge, any claim based on breach of contract, any claim based on sexual harassment or any other form of workplace harassment, and any claim arising under federal, state or local law prohibiting race, sex, age, religion, national origin, handicap, disability or other forms of discrimination, or retaliationregulation, including but not limited to the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Pregnancy Discrimination Act; or the Americans with Disabilities Act; the Family and Medical Leave Act; and the Employee Retirement Income Security ActAct of 1990, each as amended, or any other federal, state or local law, regulation, ordinance or common law, or under any policy, agreement, understanding or promise, written or oral, formal or informal, between any Company Releasee and Releasor. Executive acknowledges Releasor represents that he has not filed any charges, claims, demands, proceedings or actions against any of the Company Releasees. Releasor shall not seek or be entitled to any recovery, in any charges, claims, demands, proceedings or actions that may be commenced on Releasor’s behalf in any way arising out of or relating to the matters released under this General Release. Releasor has been advised to consult with an attorney of Releasor’s choice prior to signing this General Release. Releasor understands and agrees that Releasor has the right and has been given the opportunity to review this General Release with an attorney of Releasor’s choice should Releasor so desire. Releasor also agrees that Releasor has entered into this General Release freely and voluntarily. Relaseasor represents that he is not entitled to receive the Award described in this General Release absent his choice regarding the form and content execution of this General Release, and that he enters into this General Release voluntarily and of his own free will. Executive further acknowledges that he Releasor has been provided with a period of at least twenty-one (21) calendar days within which to consider the terms of this General Release, although Releasor may sign it sooner if Releasor wishes. Executive understands that he may revoke Furthermore, once Releasor has signed this General Release within Release, Releasor has seven (7) additional days after signing it, to revoke Releasor’s consent and may do so by delivering written notice of revocation writing to the Chief Executive Officer of EmployerCompany at 0000 Xxxxxx xx xxx Xxxxxxxx, Xxx Xxxx, XX 00000, Attention: Xxxx Xxxxxx. The Release shall not be effective, and that no Award shall be due hereunder, until the eighth day after Releasor shall have executed this General Release will and returned it to the Company, assuming that Releasor has not become effective revoked Releasor’s consent to this Release prior to such date. In the event that any one or enforceable until more of the seven-day revocation period has expired. Executive acknowledges that execution provisions of this General Release is a condition precedent shall be held to receipt be invalid, illegal or unenforceable, the validity, legality and enforceability of the severance payments provided in the Employment Agreement, and that, in the absence of fulfilling this condition precedent by executing this General Release, Executive would not be entitled to receive those severance payments. If Executive revokes this General Release within seven (7) days after signing it, it will become null and void, and Executive will not be entitled to any remainder of the severance benefits provided Release shall not in the Employment Agreementany way be affected or impaired thereby. This General Release and the releases and covenants contained herein shall be binding upon Executive, his heirs, executors, administrators, assigns, agents, attorneys in fact, attorneys at law, and representativesgoverned by the law of the State of New York without reference to its choice of law rules. This General Release and the releases and covenants contained herein shall inure to the benefit of Employer and each of its predecessors, successors, and assigns, and to each of its and their past and present employees, agents, attorneys in fact, attorneys at law, representatives, officers, directors, shareholders, partners, joint venturers, and all of said individuals’ heirs, executors, administrators and assigns. Witness the execution Signed as of this General Release on the ____ day of ________, 200__. __________________________________ Executive EXHIBIT B LIST OF PRIOR INVENTIONS. Xxx X. Xxxxxxxxxxxx

FORM OF GENERAL RELEASE. For and in consideration of the severance payments provided to _______________ ("“Executive"”) pursuant to the Employment Agreement between AtheroGenics, Inc. ("“Employer"”) and Executive, effective as of ________________, 200___, which is expressly incorporated by reference herein, along with other consideration, the receipt and sufficiency of which are hereby acknowledged, Executive does hereby release, acquit, and forever discharge Employer (or any affiliate, officer, director or employee of Employer) from, and does hereby covenant and agree never to institute or cause to be instituted any suit or other form of action or proceeding of any kind or nature whatsoever against Employer (or any affiliate, officer, director, or employee of Employer) based upon, any and all claims, demands, indebtedness, agreements, promises, causes of action, obligations, damages, or liabilities of any nature whatsoever, in law or in equity, whether or not known, suspected or claimed, that Executive ever had, has claimed to have, now has, or may hereafter have or claim to have against Employer by reason of any act, event, occurrence, or thing occurring on or before the date of this General Release. The claims released herein specifically include, but are not limited to, any claims arising in tort or contract, any claim based on wrongful discharge, any claim based on breach of contract, any claim based on sexual harassment or any other form of workplace harassment, and any claim arising under federal, state or local law prohibiting race, sex, age, religion, national origin, handicap, disability or other forms of discrimination, or retaliation, including but not limited to Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Pregnancy Discrimination Act; the Americans with Disabilities Act; the Family and Medical Leave Act; and the Employee Retirement Income Security Act, each as amended. Executive acknowledges that he has been advised to consult with an attorney of his choice regarding the form and content of this General Release, and that he enters into this General Release voluntarily and of his own free will. Executive further acknowledges that he has been provided with a period of at least twenty-one (21) days within which to consider the terms of this General Release. Executive understands that he may revoke this General Release within seven (7) days after signing it, by delivering written notice of revocation to the Chief Executive Officer of Employer, and that this General Release will not become effective or enforceable until the seven-day revocation period has expired. Executive acknowledges that execution of this General Release is a condition precedent to receipt of the severance payments provided in the Employment Agreement, and that, in the absence of fulfilling this condition precedent by executing this General Release, Executive would not be entitled to receive those severance payments. If Executive revokes this General Release within seven (7) days after signing it, it will become null and void, and Executive will not be entitled to any of the severance benefits provided in the Employment Agreement. This General Release and the releases and covenants contained herein shall be binding upon Executive, his heirs, executors, administrators, assigns, agents, attorneys in fact, attorneys at law, and representatives. This General Release and the releases and covenants contained herein shall inure to the benefit of Employer and each of its predecessors, successors, and assigns, and to each of its and their past and present employees, agents, attorneys in fact, attorneys at law, representatives, officers, directors, shareholders, partners, joint venturers, and all of said individuals’ heirs, executors, administrators and assigns. Witness the execution of this General Release on the ____ day of ________, 200___. __________________________________ Executive EXHIBIT B LIST OF PRIOR INVENTIONS

FORM OF GENERAL RELEASE. For and in consideration of the severance payments provided to _______________ ("“Executive"”) pursuant to the Employment Agreement between AtheroGenics, Inc. ("“Employer"”) and Executive, effective as of ________________, 200___, which is expressly incorporated by reference herein, along with other consideration, the receipt and sufficiency of which are hereby acknowledged, Executive does hereby release, acquit, and forever discharge Employer (or any affiliate, officer, director or employee of Employer) from, and does hereby covenant and agree never to institute or cause to be instituted any suit or other form of action or proceeding of any kind or nature whatsoever against Employer (or any affiliate, officer, director, or employee of Employer) based upon, any and all claims, demands, indebtedness, agreements, promises, causes of action, obligations, damages, or liabilities of any nature whatsoever, in law or in equity, whether or not known, suspected or claimed, that Executive ever had, has claimed to have, now has, or may hereafter have or claim to have against Employer by reason of any act, event, occurrence, or thing occurring on or before the date of this General Release. The claims released herein specifically include, but are not limited to, any claims arising in tort or contract, any claim based on wrongful discharge, any claim based on breach of contract, any claim based on sexual harassment or any other form of workplace harassment, and any claim arising under federal, state or local law prohibiting race, sex, age, religion, national origin, handicap, disability or other forms of discrimination, or retaliation, including but not limited to Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Pregnancy Discrimination Act; the Americans with Disabilities Act; the Family and Medical Leave Act; and the Employee Retirement Income Security Act, each as amended. Executive acknowledges that he has been advised to consult with an attorney of his choice regarding the form and content of this General Release, and that he enters into this General Release voluntarily and of his own free will. Executive further acknowledges that he has been provided with a period of at least twenty-one (21) days within which to consider the terms of this General Release. Executive understands that he may revoke this General Release within seven (7) days after signing it, by delivering written notice of revocation to the Chief Executive Officer of Employer, and that this General Release will not become effective or enforceable until the seven-day revocation period has expired. Executive acknowledges that execution of this General Release is a condition precedent to receipt of the severance payments provided in the Employment Agreement, and that, in the absence of fulfilling this condition precedent by executing this General Release, Executive would not be entitled to receive those severance payments. If Executive revokes this General Release within seven (7) days after signing it, it will become null and void, and Executive will not be entitled to any of the severance benefits provided in the Employment Agreement. This General Release and the releases and covenants contained herein shall be binding upon Executive, his heirs, executors, administrators, assigns, agents, attorneys in fact, attorneys at law, and representatives. This General Release and the releases and covenants contained herein shall inure to the benefit of Employer and each of its predecessors, successors, and assigns, and to each of its and their past and present employees, agents, attorneys in fact, attorneys at law, representatives, officers, directors, shareholders, partners, joint venturers, and all of said individuals’ heirs, executors, administrators and assigns. Witness the execution of this General Release on the ____ day of ________, 200___. __________________________________ Executive EXHIBIT B LIST OF PRIOR INVENTIONS

FORM OF GENERAL RELEASE. For and in consideration of the severance payments provided to _______________ ("“Executive"”) pursuant to the Employment Agreement between AtheroGenics, Inc. ("“Employer"”) and Executive, effective as of ________________, 200___, which is expressly incorporated by reference herein, along with other consideration, the receipt and sufficiency of which are hereby acknowledged, Executive does hereby release, acquit, and forever discharge Employer (or any affiliate, officer, director or employee of Employer) from, and does hereby covenant and agree never to institute or cause to be instituted any suit or other form of action or proceeding of any kind or nature whatsoever against Employer (or any affiliate, officer, director, or employee of Employer) based upon, any and all claims, demands, indebtedness, agreements, promises, causes of action, obligations, damages, or liabilities of any nature whatsoever, in law or in equity, whether or not known, suspected or claimed, that Executive ever had, has claimed to have, now has, or may hereafter have or claim to have against Employer by reason of any act, event, occurrence, or thing occurring on or before the date of this General Release. The claims released herein specifically include, but are not limited to, any claims arising in tort or contract, any claim based on wrongful discharge, any claim based on breach of contract, any claim based on sexual harassment or any other form of workplace harassment, and any claim arising under federal, state or local law prohibiting race, sex, age, religion, national origin, handicap, disability or other forms of discrimination, or retaliation, including but not limited to Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981; the Age Discrimination in Employment Act; the Older Workers Benefit Protection Act; the Pregnancy Discrimination Act; the Americans with Disabilities Act; the Family and Medical Leave Act; and the Employee Retirement Income Security Act, each as amended. Executive acknowledges that he has been advised to consult with an attorney of his choice regarding the form and content of this General Release, and that he enters into this General Release voluntarily and of his own free will. Executive further acknowledges that he has been provided with a period of at least twenty-one (21) days within which to consider the terms of this General Release. Executive understands that he may revoke this General Release within seven (7) days after signing it, by delivering written notice of revocation to the Chief Executive Officer of Employer, and that this General Release will not become effective or enforceable until the seven-day revocation period has expired. Executive acknowledges that execution of this General Release is a condition precedent to receipt of the severance payments provided in the Employment Agreement, and that, in the absence of fulfilling this condition precedent by executing this General Release, Executive would not be entitled to receive those severance payments. If Executive revokes this General Release within seven (7) days after signing it, it will become null and void, and Executive will not be entitled to any of the severance benefits provided in the Employment Agreement. This General Release and the releases and covenants contained herein shall be binding upon Executive, his heirs, executors, administrators, assigns, agents, attorneys in fact, attorneys at law, and representatives. This General Release and the releases and covenants contained herein shall inure to the benefit of Employer and each of its predecessors, successors, and assigns, and to each of its and their past and present employees, agents, attorneys in fact, attorneys at law, representatives, officers, directors, shareholders, partners, joint venturers, and all of said individuals’ heirs, executors, administrators and assigns. Witness the execution of this General Release on the ____ day of ________, 200__. __________________________________ Executive EXHIBIT B LIST OF PRIOR INVENTIONS