Common use of Full and Final Release Clause in Contracts

Full and Final Release. In consideration of the payments being provided to him above, Mr. Xxxxxx, xxr himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges Verilink, all subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as "Verilink"), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloyment, or otherwise, under the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior, the existence of which is specifically denied by Verilink. Nothing in this Agreement and Release, however, is intended to waive Mr. Xxxxxx'x xxxitlement to vested benefits under any pension or 401(k) plan or other benefit plan provided by Verilink. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld make, if available, for unemployment or workers' compensation.

Full and Final Release. In consideration of the payments being benefits provided to him aboveby the Company, Mr. XxxxxxEmployee, xxr himself, his attorneys, for Employee personally and Employee’s heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges Verilink, all subsidiary and/or affiliated companiesthe Company and its affiliates, as well as its and their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as "Verilink"the “Released Parties”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of Employee signs this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloyment, or otherwise, under the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act; discrimination and retaliation prohibited by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), including the amendments provided by the Older Workers Benefits Protection Act (“OWBPA”), and any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for alleged tort, contract, and wrongful discharge. Employee is releasing all rights under section 1542 of the California Civil Code. Section 1542 provides as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, negligent which if known by him or intentional infliction her must have materially affected his or her settlement with the debtor. Employee consciously intends these consequences even as to claims for damages that may exist as of emotional distressthe date this Agreement is executed that Employee does not know exists and which if known, breach would materially affect Employee’s decision to execute this Agreement, regardless of contractwhether the lack of knowledge is the result of ignorance, fraudoversight, error, negligence or any other unlawful behavior, the existence of which is specifically denied by Verilink. Nothing in this Agreement and Release, however, is intended to waive Mr. Xxxxxx'x xxxitlement to vested benefits under any pension or 401(k) plan or other benefit plan provided by Verilink. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld make, if available, for unemployment or workers' compensationcause.

Full and Final Release. In consideration of the payments benefits being provided to him above, Mr. XxxxxxXx. Xxxxxxx, xxr for himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges VerilinkVarex, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, attorneys and employees (all of whom are referred to throughout this Agreement as "Verilink"“Varex” or the “Company”), of and from all claims, demands, actions, causes of action, suits, damages, losses, losses and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloyment, or otherwise, discrimination under the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (42 U.S.C. § 1981), the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Utah Antidiscrimination Act of 1965, Utah Code Xxx. §§ 34A-5-102, 34A-5-106, any other employment or wrongful discharge provision of Utah law, any other federal, state or local statute, rule, ordinance, ordinance or regulation, as well as any claims for alleged failure to pay all wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation, wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, fraud or any other unlawful behavior, the existence of which is specifically denied by VerilinkVarex. Xx. Xxxxxxx also agrees not to participate in any class, collective, representative, or group action that may include any of the claims released above, and will affirmatively opt out of any such class, collective, representative or group action. Nothing in this Agreement and Release, however, is intended to waive Mr. Xxxxxx'x xxxitlement Xx. Xxxxxxx’x entitlement to vested benefits under any pension or 401(k) plan or other ERISA-governed benefit plan provided by VerilinkVarex. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld Xx. Xxxxxxx could make, if available, for unemployment or workers' worker’s compensation, and the release also excludes any other claim which cannot be released by private agreement.

Full and Final Release. In consideration of considexxxxxx xx the payments being provided to him above, Mr. XxxxxxSibold, xxr for himself, his attorneys, heirs, executors, administratorsadministraxxxx, successors xxxxessors and assigns, fully, finally and forever releases and discharges Verilink, all subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as "Verilink"), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloymentSibold's employment, or otherwise, under the Age Discrimination in Employment xx Xxxxxxxxxt Act, the Older Workers' Benefit Protection Act; , Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior, the existence of which is specifically denied by Verilink. Nothing in this Agreement and ReleaseAgreement, however, is intended to waive Mr. Xxxxxx'x xxxitlement Sibold's entitlement to vested benefits under any pension or 401(k401(x) plan or xxxx xx other benefit plan provided by Verilink. Nor does this release waive any right Mr. Sibold may have to challenge the validity of this Agreement with xxx Xxxxx Employment Opportunity Commission ("EEOC") with respect to any claim arising under the Age Discrimination in Employment Act. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld Sibold could make, if available, for unemployment or workers' compensationcoxxxxxxxxxx.

Full and Final Release. In consideration of the payments being provided to him above, Mr. Xx. Xxxxxx, xxr for himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges Verilink, all subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as "“Verilink"”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloymentXx. Xxxxxx’x employment, or otherwise, under the Age Discrimination in Employment Act, the Older Workers' ’ Benefit Protection Act; , Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior, the existence of which is specifically denied by Verilink. Nothing in this Agreement and ReleaseAgreement, however, is intended to waive Mr. Xxxxxx'x xxxitlement Xx. Xxxxxx’x entitlement to vested benefits under any pension or 401(k) plan or other benefit plan provided by Verilink. Nor does this release waive any right Xx. Xxxxxx may have to challenge the validity of this Agreement with the Equal Employment Opportunity Commission (“EEOC”) with respect to any claim arising under the Age Discrimination in Employment Act. Finally, the above release does not waive claims that Mr. Xx. Xxxxxx xxxld could make, if available, for unemployment or workers' ’ compensation.

Full and Final Release. In consideration of the payments being provided to him above, Mr. XxxxxxXx. Xxxxxxxxx, xxr for himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges VerilinkK-C, all subsidiary and/or affiliated companies, Xxxxxxxx-Xxxxx Worldwide, Inc., as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are collectively referred to throughout this Reaffirmation Agreement as "Verilink"“KCC”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of this Reaffirmation Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloyment, Xx. Xxxxxxxxx’x employment or otherwise, any claims under any KCC severance pay plan, under the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or any other unlawful behavior, the existence of which is specifically denied by VerilinkKCC. Nothing in this Agreement and ReleaseReaffirmation Agreement, however, is intended to waive Mr. Xxxxxx'x xxxitlement Xx. Xxxxxxxxx’x entitlement to vested benefits under any pension or pension, 401(k) plan or other benefit plan provided by VerilinkKCC. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld Xx. Xxxxxxxxx could make, if available, for unemployment or workers' compensation’ compensation and also excludes any other claim which cannot be released by private agreement.

Full and Final Release. In consideration of the consideratixx xx xxx payments being provided to him above, Mr. XxxxxxReiff, xxr for himself, his attorneys, heirs, executors, administratorsadministratxxx, successors xxxxessors and assigns, fully, finally and forever releases and discharges Verilink, all subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as "Verilink"), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloymentReiff's employment, or otherwise, under the Age Discrimination in Employment ix Xxxxxxxxxt Act, the Older Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior, the existence of which is specifically denied by Verilink. Nothing in this Agreement and Release, however, is intended to waive Mr. Xxxxxx'x xxxitlement Reiff's entitlement to vested benefits under any pension or 401(k401(x) plan or xxxx xx other benefit plan provided by Verilink. Nor does this release waive any right Mr. Reiff may have to challenge the validity of this Agreement and Rxxxxxx xxth the Equal Employment Opportunity Commission ("EEOC") with respect to any claim arising under the Age Discrimination in Employment Act. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld Reiff could make, if available, for unemployment or workers' compensationcomxxxxxxxxx.

Full and Final Release. In Employee acknowledges and agrees that the consideration provided under this Agreement represents valuable consideration that the Company is not obligated to provide Employee and is greater than the consideration to which Employee would have been entitled from any source or agreement with the Company upon Employee’s termination from employment with the Company. Except as to the promises made in this Agreement, and in consideration of the payments being benefits provided to him aboveby the Company, Mr. Xxxxxx, xxr himself, his attorneys, heirs, executors, administrators, successors and assigns, Employee hereby fully, finally forever, irrevocably and forever releases unconditionally releases, settles and discharges Verilinkthe Company from any and all manner of claims, all subsidiary and/or affiliated companiescharges, as well as its and their successorscomplaints, assignsdebts, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as "Verilink"), of and from all claimsliabilities, demands, actions, causes of action, suits, rights, covenants, contracts, controversies, agreements, promises, omissions, damages, losses, obligations and expenses, expenses of any and every nature whatsoeverkind, as a result of actions whether known or omissions unknown, which Employee has, had, or may have against the Company or any Company-sponsored employee benefit plans arising from, or relating in any way to, Employee's employment relationship with the Company occurring through the effective date of Employee signs this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits arising under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result Title VII of the separation of Mr. Xxxxxx'x xxxloymentCivil Rights Act, or otherwise, under the Age Discrimination in Employment Act, the Older Workers' Workers Benefit Protection Act; Title VII of , the Americans With Disabilities Act, the Family and Medical Leave Act, the Florida Civil Rights Act of 19641992, the Americans with Disabilities Act, as well as any other federal, state or local statutestatutes, rule, ordinance, or regulation, as well as and any claims under common law including but not limited to claims in tort, for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraudor for wrongful discharge. Employee agrees to release and discharge the Company not only from any and all claims or causes of action which Employee could make on Employee’s own behalf, but also those that may or could be brought by any other unlawful behaviorperson or organization on Employee’s behalf, and Employee specifically waives any right to become, and promises not to become, a member of any class in any proceeding or case in which any such claim or cause of action against the existence Company may arise, in whole or in part, from any event which occurred on or before the date of which this Agreement. It is specifically denied by Verilinkexpressly agreed and understood that this is a GENERAL RELEASE. Nothing in this Agreement and Release, however, is intended to waive Mr. Xxxxxx'x xxxitlement waive: (i) rights or claims that may arise after the date of Employee’s execution of this Agreement; (ii) Employee’s entitlement to vested benefits under any pension or 401(k) retirement plan or other ERISA-covered benefit plan provided by Verilink. Finally, the above release does Company; (iii) any rights Employee may have under state unemployment and/or workers’ compensation laws; and/or (iv) claims which by law cannot waive claims that Mr. Xxxxxx xxxld make, if available, for unemployment or workers' compensationbe released by private agreement.

Full and Final Release. In consideration of the payments benefits being provided to him her above, Mr. XxxxxxExecutive, xxr himselffor herself, his her attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges VerilinkBioAtla, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, stockholders, directors, agents, representatives, attorneys, attorneys and employees (all of whom are referred to throughout this Agreement Release as "Verilink"“BioAtla” or the “Company”), of and from all claims, demands, actions, causes of action, suits, damages, losses, losses and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of this AgreementSeparation Date. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloyment, or otherwise, discrimination under the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (42 U.S.C. § 1981), the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the California Fair Employment and Housing Act, the California Family Rights Act, The New Parent Leave Act, any other federal, state or local statute, rule, ordinance, ordinance or regulationregulation (including the California Labor Code and the California Business and Professions Code), as well as any claims for alleged failure to pay all wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation, wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, fraud or any other unlawful behavior, the existence of which is specifically denied by VerilinkBioAtla. Executive also agrees not to participate in any class, collective, representative, or group action that may include any of the claims released above, and will affirmatively opt out of any such class, collective, representative or group action. Nothing in this Agreement and Release, however, is intended to waive Mr. Xxxxxx'x xxxitlement Executive’s (i) rights under this Release, (ii) entitlement to vested benefits under any pension or 401(k) plan or other ERISA-governed benefit plan provided by VerilinkBioAtla or (iii) to Executive’s existing rights to indemnification. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld Executive could make, if 4152-0071-9404.1 available, for unemployment or workers' worker’s compensation, and the release also excludes any other claim which cannot be released by private agreement.

Full and Final Release. In consideration of the payments being benefits provided to him aboveby the Company, Mr. XxxxxxEmployee, xxr himself, his attorneys, for Employee personally and Employee’s heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges Verilink, all subsidiary and/or affiliated companiesthe Company and its affiliates, as well as its and their respective successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as "Verilink"the “Released Parties”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions 1omissions occurring through the effective date of Employee signs this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloyment, or otherwise, under the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act; discrimination and retaliation prohibited by Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act, including the amendments provided by the Older Workers Benefits Protection Act, or any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims under common law for alleged tort, contract, or wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior, the existence of which is specifically denied by Verilink. Nothing in this Agreement and Release, however, is intended to waive Mr. Xxxxxx'x xxxitlement to vested benefits under any pension or 401(k) plan or other benefit plan provided by Verilink. Finally, the The above release does not waive claims that Mr. Xxxxxx xxxld make, if available, (i) for unemployment or workers' compensation’ compensation benefits, (ii) for vested rights under ERISA-covered employee benefit plans as applicable on the date Employee signs this Agreement, (iii) that may arise after Employee signs this Agreement, and (iv) which cannot be released by private agreement. Nothing in this Agreement prevents Employee from filing a charge or complaint with or from participating in an investigation or proceeding conducted by any federal, state or local agency charged with the enforcement of any employment laws, although by signing this release Employee is waiving rights to individual relief based on claims asserted in such a charge or complaint, except charges before the National Labor Relations Board or otherwise where such a waiver of individual relief is prohibited.

Full and Final Release. In consideration of the payments being provided to him Xx. Xxxxxxx above, Mr. XxxxxxXx. Xxxxxxx, xxr for himself, his attorneysattorney, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges VerilinkK-C, all subsidiary and/or parent, subsidiary, related and affiliated companies, including K-C, and its parent, subsidiary, related and affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement Article as "Verilink"“KCC”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective execution date of this Consulting Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloyment, Xx. Xxxxxxx’x employment or otherwise, any claims under any KCC severance pay plan, under the Age Discrimination in Employment Act, the Older Workers' Workers Benefit Protection Act; , Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Xxxxxxxxx Fair Pay Act, the Internal Revenue Code (IRC), the US tax code, the Employee Retirement Income Security Act (ERISA), any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or any other unlawful behavior, the existence of which is specifically denied by VerilinkKCC. Nothing in this Agreement and ReleaseAgreement, however, shall be construed to prohibit Xx. Xxxxxxx from filing a charge or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency. Notwithstanding the foregoing, Xx. Xxxxxxx waives his right to recover monetary or other damages as a result of any charge or lawsuit filed by Xx. Xxxxxxx or by anyone else on Xx. Xxxxxxx’x behalf, including a class or collective action, whether or not Xx. Xxxxxxx is named in such proceeding. Further, nothing in this Agreement is intended to waive Mr. Xxxxxx'x xxxitlement Xx. Xxxxxxx’x entitlement to vested benefits under any pension or pension, 401(k) plan or other benefit plan provided by VerilinkKCC. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld Xx. Xxxxxxx could make, if available, for unemployment or workers' compensation’ compensation and also excludes any other claim which cannot be released by private agreement between the parties.

Full and Final Release. In consideration of the payments compensation and benefits being provided to him above, Mr. XxxxxxXx. Xxxxxxx, xxr for himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges VerilinkVarex, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Tail End Agreement as "Verilink"“Varex”), of and from all claims, demands, actions, causes of action, suits, damages, losses, losses and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of this Tail End Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloyment, Xx. Xxxxxxx’x employment or otherwise, under the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866 (42 U.S.C. § 1981), the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family Medical Leave Act, the Utah Antidiscrimination Act of 1965, Utah Code Xxx. §§ 34A-5-102, 34A-5-106, any other employment or wrongful discharge provision of Utah law and any other federal, state or local statute, rule, ordinance, ordinance or regulation, as well as any claims for alleged failure to pay all wages, salary, bonuses, commissions, vacation pay, fringe benefits, expense reimbursements, incentive pay, severance pay, or any other form of compensation, wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior, the existence of which is specifically denied by VerilinkVarex. Xx. Xxxxxxx also agrees not to participate in any class, collective, representative, or group action that may include any of the claims released above, and will affirmatively opt out of any such class, collective, representative or group action. Nothing in this Agreement and ReleaseTail End Agreement, however, is intended to waive Mr. Xxxxxx'x xxxitlement Xx. Xxxxxxx’x entitlement to vested benefits under any pension or 401(k) plan or other ERISA-governed benefit plan provided by VerilinkVarex. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld Xx. Xxxxxxx could make, if available, for unemployment or workers' ’ compensation, and the release also excludes any other claim which cannot be released by private agreement.

Full and Final Release. In consideration of for the payments being provided to him above, Mr. XxxxxxMx. Xxxx, xxr for himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges VerilinkGevity, all parent, subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, stockholders, insurers, employees and employees employee benefit plans or programs (and the trustees, administrators, fiduciaries, and insurers of such plans or programs), and any other person acting by, through, under, or in concert with any of the persons or entities listed in this section (all of whom are referred to throughout this Agreement as "Verilink"“Gevity” or “Employer”), of and from all known and unknown claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions any alleged acts or omissions by Gevity occurring up through and including the effective date of on which Mx. Xxxx executes this Agreement. Specifically included in By way of illustration only, this full and final waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), includes any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloyment, or otherwise, harassment and/or retaliation under the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Florida Civil Rights Act, and any and all other federal, state or local statuteantidiscrimination statutes, rulerules, ordinanceordinances, or regulation, as well as regulations; any and all claims for alleged wrongful discharge, retaliation, negligent or intentional infliction of emotional distress, breach of contract, and fraud; any and all claims for compensation, bonuses, commissions, lost wages or unused accrued vacation or sick pay; any and all claims for severance or similar benefits or to post-employment health or group insurance benefits; any and all claims for attorneys’ fees, costs or indemnification; and any and all other claims resulting from any alleged unlawful behaviorbehavior or conduct by Gevity, the existence of which is specifically denied by VerilinkGevity. Nothing in this Agreement and Release, however, is intended to waive Mr. Xxxxxx'x xxxitlement Mx. Xxxx’x right to enforce this Agreement, or Mx. Xxxx’x entitlement to vested benefits under any pension or 401(k) plan or other benefit plan plans provided by VerilinkGevity. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld Mx. Xxxx could make, if available, for unemployment or workers' ’ compensation, or any other claims that cannot by statute or otherwise be released by private agreement.

Full and Final Release. In consideration of the payments being provided to him above, Mr. XxxxxxXxxxx, xxr himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges Verilink, all subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as "Verilink"), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x Xxxxx'x xxxloyment, or otherwise, under the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, or any other unlawful behavior, the existence of which is specifically denied by Verilink. Nothing in this Agreement and Release, however, is intended to waive Mr. Xxxxxx'x Xxxxx'x xxxitlement to vested benefits under any pension or 401(k) plan or other benefit plan provided by Verilink. Finally, the above release does not waive claims that Mr. Xxxxxx Xxxxx xxxld make, if available, for unemployment or workers' compensation.

Full and Final Release. In consideration of the payments being provided to him above, Mr. XxxxxxXx. Xxxxxxxxx, xxr for himself, his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges VerilinkKCW, K-C, all subsidiary and/or affiliated companies, as well as its and their successors, assigns, officers, owners, directors, agents, representatives, attorneys, and employees (all of whom are referred to throughout this Agreement as "Verilink"“KCC”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, of any and every nature whatsoever, as a result of actions or omissions occurring through the effective date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims for severance pay benefits under the Employee Retirement Income Security Act of 1974 (ERISA), any and all claims of alleged employment discrimination, either as a result of the separation of Mr. Xxxxxx'x xxxloyment, Xx. Xxxxxxxxx’x employment or otherwise, any claims under any KCC severance pay plan, under the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), any other federal, state or local statute, rule, ordinance, or regulation, as well as any claims for alleged wrongful discharge, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or any other unlawful behavior, the existence of which is specifically denied by VerilinkKCC. Nothing in this Agreement and ReleaseAgreement, however, is intended to waive Mr. Xxxxxx'x xxxitlement Xx. Xxxxxxxxx’x entitlement to vested benefits under any pension or pension, 401(k) plan or other benefit plan provided by VerilinkKCC. Finally, the above release does not waive claims that Mr. Xxxxxx xxxld Xx. Xxxxxxxxx could make, if available, for unemployment or workers' compensation’ compensation and also excludes any other claim which cannot be released by private agreement.