Common use of Full and Final Release Clause in Contracts

Full and Final Release. In consideration of the payments being provided to Employee above, Employee, for Employee, Employee’s attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company, all 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 as the “Released Parties”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older 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 Genetic Information Nondiscrimination Act of 2008, 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 the Released Parties. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Agreement is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plans.

Full and Final Release. In consideration of the payments being provided to Employee him above, EmployeeMr. Xxxxx, for Employeexxr himself, Employee’s his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the CompanyVerilink, all parent, subsidiary, related and 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 the “Released Parties”"Verilink"), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution 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 Employee’s employment Mr. Xxxxx'x xxxloyment, or otherwise, any claims under any severance pay plan of the Released Parties, 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 Genetic Information Nondiscrimination Act of 2008, 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 the Released PartiesVerilink. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing Nothing in this Agreement and Release, however, is intended to waive any Mr. Xxxxx'x xxxitlement to vested right that Employee may have benefits under any pension, pension or 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rightsVerilink. FurtherFinally, the above release shall does not apply to any obligation of the Company pursuant to the Separation Agreementwaive claims that Mr. Xxxxx xxxld make, any rights in the nature of indemnification which Employee may haveif available, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act for unemployment or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plansworkers' compensation.

Full and Final Release. In consideration of the payments being provided to Employee him above, EmployeeXx. Xxxxxxxxx, for Employeehimself, Employee’s his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the CompanyKCW, K-C, all parent, subsidiary, related and 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 the “Released PartiesKCC”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution effective date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s Xx. Xxxxxxxxx’x employment or otherwise, any claims under any KCC severance pay plan of the Released Partiesplan, under the Age Discrimination in Employment Act, the Older 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 Genetic Information Nondiscrimination Act of 2008, 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 the Released PartiesKCC. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Agreement is intended to include Nothing in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable lawhowever, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Agreement is intended to waive any Xx. Xxxxxxxxx’x entitlement to vested right that Employee may have benefits under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rightsKCC. FurtherFinally, the above release shall does not apply to waive claims that Xx. Xxxxxxxxx could make, if available, for unemployment or workers’ compensation and also excludes any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification other claim which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit planscannot be released by private agreement.

Full and Final Release. In consideration of the payments being provided to Employee him above, EmployeeXx. Xxxxxxxxx, for Employeehimself, Employee’s his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the CompanyK-C, all parent, subsidiary, related and 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 the “Released PartiesKCC”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution effective date of this Reaffirmation Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s Xx. Xxxxxxxxx’x employment or otherwise, any claims under any KCC severance pay plan of the Released Partiesplan, under the Age Discrimination in Employment Act, the Older 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 Genetic Information Nondiscrimination Act of 2008, 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 the Released PartiesKCC. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that Nothing in this Agreement is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Reaffirmation Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable lawhowever, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Agreement is intended to waive any Xx. Xxxxxxxxx’x entitlement to vested right that Employee may have benefits under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rightsKCC. FurtherFinally, the above release shall does not apply to waive claims that Xx. Xxxxxxxxx could make, if available, for unemployment or workers’ compensation and also excludes any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification other claim which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit planscannot be released by private agreement.

Full and Final Release. In consideration of the payments benefits being provided to Employee him above, EmployeeXx. Xxxxxxx, for Employeehimself, Employee’s his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the CompanyVarex, all parent, subsidiary, related and 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 “Varex” or the “Released PartiesCompany”), of and from all claims, demands, actions, causes of action, suits, damages, losses, losses and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution effective date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims discrimination under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Civil Rights Act of 1866 (FMLA42 U.S.C. § 1981), the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Age Discrimination in Employment Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Xxxxxxxxx Fair Pay Family Medical Leave Act, the Genetic Information Nondiscrimination Utah Antidiscrimination Act of 20081965, the Internal Revenue Utah Code (IRC)Xxx. §§ 34A-5-102, the US tax code34A-5-106, the Employee Retirement Income Security Act (ERISA)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, defamation, fraud or any other unlawful behavior, the existence of which is specifically denied by Varex. Xx. Xxxxxxx also agrees not to participate in any class, collective, representative, or group action that may include any of the Released Parties. Notwithstanding the provisions claims released above, and will affirmatively opt out of any lawsuch class, and for the purpose of implementing a full and complete release and discharge of the Released Partiescollective, Employee expressly acknowledges that representative or group action. Nothing in this Agreement and Release, however, is intended to include in its effectwaive Xx. Xxxxxxx’x entitlement to vested benefits under any pension or 401(k) plan or other ERISA-governed benefit plan provided by Varex. Finally, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after Xx. Xxxxxxx could make, if available, for unemployment or worker’s compensation, and the date on release also excludes any other claim which Employee executes this Agreement; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Agreement is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plansprivate agreement.

Full and Final Release. In consideration of the payments benefits being provided to Employee her above, EmployeeExecutive, for Employeeherself, Employee’s her attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the CompanyBioAtla, all parent, subsidiary, related and 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 “BioAtla” or the “Released PartiesCompany”), of and from all claims, demands, actions, causes of action, suits, damages, losses, losses and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution date of this AgreementSeparation Date. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims discrimination under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Civil Rights Act of 1866 (FMLA42 U.S.C. § 1981), the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Age Discrimination in Employment Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Xxxxxxxxx Fair Pay Family Medical Leave Act, the Genetic Information Nondiscrimination Act of 2008California Fair Employment and Housing Act, the Internal Revenue Code (IRC)California Family Rights Act, the US tax code, the Employee Retirement Income Security Act (ERISA)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, defamation, fraud or any other unlawful behavior, the existence of which is specifically denied by BioAtla. Executive also agrees not to participate in any class, collective, representative, or group action that may include any of the Released Parties. Notwithstanding the provisions claims released above, and will affirmatively opt out of any lawsuch class, and for the purpose of implementing a full and complete release and discharge of the Released Partiescollective, Employee expressly acknowledges that representative or group action. Nothing in this Agreement Release, however, is intended to include in its effectwaive Executive’s (i) rights under this Release, without limitation(ii) entitlement to vested benefits under any pension or 401(k) plan or other ERISA-governed benefit plan provided by BioAtla or (iii) to Executive’s existing rights to indemnification. Finally, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after Executive could make, if 4152-0071-9404.1 available, for unemployment or worker’s compensation, and the date on release also excludes any other claim which Employee executes this Agreement; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Agreement is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plansprivate agreement.

Full and Final Release. In consideration of the payments being provided to Employee him above, EmployeeXx. Xxxxxx, for Employeehimself, Employee’s his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the CompanyVerilink, all parent, subsidiary, related and 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 the “Released PartiesVerilink”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution 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 Employee’s employment Xx. Xxxxxx’x employment, or otherwise, any claims under any severance pay plan of the Released Parties, 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 Genetic Information Nondiscrimination Act of 2008, 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 the Released PartiesVerilink. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Agreement is intended to include Nothing in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable lawhowever, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Agreement is intended to waive any Xx. Xxxxxx’x entitlement to vested right that Employee may have benefits under any pension, 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 Released Parties, and nothing in validity of this Agreement shall prohibit Employee from enforcing such rightswith the Equal Employment Opportunity Commission (“EEOC”) with respect to any claim arising under the Age Discrimination in Employment Act. FurtherFinally, the above release shall does not apply to any obligation of the Company pursuant to the Separation Agreementwaive claims that Xx. Xxxxxx could make, any rights in the nature of indemnification which Employee may haveif available, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act for unemployment or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plansworkers’ compensation.

Full and Final Release. In consideration of the payments being provided to Employee him above, EmployeeMr. Xxxxxx, for Employeexxr himself, Employee’s his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the CompanyVerilink, all parent, subsidiary, related and 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 the “Released Parties”"Verilink"), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution 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 Employee’s employment Mr. Xxxxxx'x xxxloyment, or otherwise, any claims under any severance pay plan of the Released Parties, 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 Genetic Information Nondiscrimination Act of 2008, 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 the Released PartiesVerilink. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing Nothing in this Agreement and Release, however, is intended to waive any Mr. Xxxxxx'x xxxitlement to vested right that Employee may have benefits under any pension, pension or 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rightsVerilink. FurtherFinally, the above release shall does not apply to any obligation of the Company pursuant to the Separation Agreementwaive claims that Mr. Xxxxxx xxxld make, any rights in the nature of indemnification which Employee may haveif available, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act for unemployment or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plansworkers' compensation.

Full and Final Release. In consideration of considexxxxxx xx the payments being provided to Employee him above, EmployeeMr. Sibold, for Employeehimself, Employee’s his attorneys, heirs, executors, administratorsadministraxxxx, successors xxxxessors and assigns, fully, finally and forever releases and discharges the CompanyVerilink, all parent, subsidiary, related and 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 the “Released Parties”"Verilink"), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution 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 Employee’s employment Mr. Sibold's employment, or otherwise, any claims under any severance pay plan of the Released Parties, the Age Discrimination in Employment xx Xxxxxxxxxt 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 Genetic Information Nondiscrimination Act of 2008, 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 the Released PartiesVerilink. Notwithstanding the provisions of any lawNothing in this Agreement, and for the purpose of implementing a full and complete release and discharge of the Released Partieshowever, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims that Employee waive Mr. Sibold's entitlement to vested benefits under any pension or 401(x) xxxx xx other benefit plan provided by Verilink. Nor does not know or suspect this release waive any right Mr. Sibold may have to exist in Employee’s favor at challenge the time Employee executes this Agreement, and that validity of this Agreement contemplates with xxx Xxxxx Employment Opportunity Commission ("EEOC") with respect to any claim arising under the extinguishment of any such claimsAge Discrimination in Employment Act. The Finally, the above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable lawMr. Sibold could make, includingif available, but not limited to, for unemployment benefits and or workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Agreement is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plans' coxxxxxxxxxx.

Full and Final Release. In consideration of the payments compensation and benefits being provided to Employee him above, EmployeeXx. Xxxxxxx, for Employeehimself, Employee’s his attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the CompanyVarex, all parent, subsidiary, related and 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 the “Released PartiesVarex”), of and from all claims, demands, actions, causes of action, suits, damages, losses, losses and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution effective date of this Tail End Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s Xx. Xxxxxxx’x employment or otherwise, any claims under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Civil Rights Act of 1866 (FMLA42 U.S.C. § 1981), the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Age Discrimination in Employment Act, the Uniformed Services Employment and Reemployment Rights Act (USERRA), the Xxxxxxxxx Fair Pay Family Medical Leave Act, the Genetic Information Nondiscrimination Utah Antidiscrimination Act of 20081965, the Internal Revenue Utah Code (IRC)Xxx. §§ 34A-5-102, the US tax code34A-5-106, the Employee Retirement Income Security Act (ERISA), 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, defamation, or any other unlawful behavior, the existence of which is specifically denied by Varex. Xx. Xxxxxxx also agrees not to participate in any class, collective, representative, or group action that may include any of the Released Parties. Notwithstanding the provisions claims released above, and will affirmatively opt out of any lawsuch class, and for the purpose of implementing a full and complete release and discharge of the Released Partiescollective, Employee expressly acknowledges that representative or group action. Nothing in this Agreement Tail End Agreement, however, is intended to include in its effectwaive Xx. Xxxxxxx’x entitlement to vested benefits under any pension or 401(k) plan or other ERISA-governed benefit plan provided by Varex. Finally, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after Xx. Xxxxxxx could make, if available, for unemployment or workers’ compensation, and the date on release also excludes any other claim which Employee executes this Agreement; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Agreement is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plansprivate agreement.

Full and Final Release. In consideration of the payments being provided to Employee above, Employee, for Employee, Employee’s attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company, all 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 as the “Released Parties”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution date of this Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims under any severance pay plan of the Released Parties, the Age Discrimination in Employment Act, the Older 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 Genetic Information Nondiscrimination Act of 2008, 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 the Released Parties. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that this Agreement is intended to include in its effect, without limitation, all claims that Employee does not know or suspect to exist in Employee’s favor at the time Employee executes this Agreement, and that this Agreement contemplates the extinguishment of any such claims. The above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency government agency for providing information. In addition, nothing in this Agreement is intended to waive any vested right that Employee may have under with respect to any pension, 401(k) plan pension or other benefit plan provided retirement benefits to which Employee is entitled by virtue of Employee’s employment with the Released PartiesCompany, and nothing in this Agreement shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plans.

Full and Final Release. In consideration of the payments being benefits provided to Employee aboveby the Company, Employee, for Employee, Employee personally and Employee’s attorneys, heirs, executors, administrators, successors and assigns, fully, finally and forever releases and discharges the Company, all parent, subsidiary, related Company and affiliated companiesits 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 the “Released Parties”), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution date of Employee signs this Agreement. Specifically included in this waiver and release are, among other things, any and all claims of alleged employment discrimination, either as a result of the separation of Employee’s employment or otherwise, any claims under any severance pay plan of the Released Parties, 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 Family and Medical Leave Act (FMLA), the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification (WARN) Act, the Uniformed Services Age Discrimination in Employment and Reemployment Rights Act (USERRA“ADEA”), including the Xxxxxxxxx Fair Pay Act, amendments provided by the Genetic Information Nondiscrimination Older Workers Benefits Protection Act of 2008, the Internal Revenue Code (IRC“OWBPA”), the US tax code, the Employee Retirement Income Security Act (ERISA), 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, negligent or intentional infliction of emotional distress, breach of contract, fraud, defamation, or any other unlawful behavior, the existence of which . Employee is specifically denied by the Released Parties. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge releasing all rights under section 1542 of the Released Parties, Employee expressly acknowledges that this Agreement is intended California Civil Code. Section 1542 provides as follows: A general release does not extend to include in its effect, without limitation, all claims that Employee which the creditor does not know or suspect to exist in Employee’s his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Employee executes consciously intends these consequences even as to claims for damages that may exist as of the date this Agreement is executed that Employee does not know exists and which if known, would materially affect Employee’s decision to execute this Agreement, and that this Agreement contemplates regardless of whether the extinguishment lack of any such claims. The above release does not waive any rights or claims that (a) may arise after knowledge is the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable law, including, but not limited to, unemployment benefits and workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Agreement is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible ignorance, oversight, error, negligence or any vested benefit to which Employee is entitled under the Company’s employee benefit plansother cause.

Full and Final Release. In consideration of the consideratixx xx xxx payments being provided to Employee him above, EmployeeMr. Reiff, for Employeehimself, Employee’s his attorneys, heirs, executors, administratorsadministratxxx, successors xxxxessors and assigns, fully, finally and forever releases and discharges the CompanyVerilink, all parent, subsidiary, related and 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 the “Released Parties”"Verilink"), of and from all claims, demands, actions, causes of action, suits, damages, losses, and expenses, whether known or unknown, of any and every nature whatsoever, as a result of actions or omissions occurring through the execution 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 Employee’s employment Mr. Reiff's employment, or otherwise, any claims under any severance pay plan of the Released Parties, the Age Discrimination in Employment ix Xxxxxxxxxt 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 Genetic Information Nondiscrimination Act of 2008, 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 the Released PartiesVerilink. Notwithstanding the provisions of any law, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Employee expressly acknowledges that Nothing in this Agreement and Release, however, is intended to include in its effect, without limitation, all claims that Employee waive Mr. Reiff's entitlement to vested benefits under any pension or 401(x) xxxx xx other benefit plan provided by Verilink. Nor does not know or suspect this release waive any right Mr. Reiff may have to exist in Employee’s favor at challenge the time Employee executes this Agreement, and that validity of this Agreement contemplates and Rxxxxxx xxth the extinguishment of Equal Employment Opportunity Commission ("EEOC") with respect to any such claimsclaim arising under the Age Discrimination in Employment Act. The Finally, the above release does not waive any rights or claims that (a) may arise after the date on which Employee executes this Agreement; (b) cannot lawfully be released under applicable lawMr. Reiff could make, includingif available, but not limited to, for unemployment benefits and or workers’ compensation claims, (c) constitute an award to Employee from or by a Government Agency for providing information. In addition, nothing in this Agreement is intended to waive any vested right that Employee may have under any pension, 401(k) plan or other benefit plan provided by the Released Parties, and nothing in this Agreement shall prohibit Employee from enforcing such rights. Further, the above release shall not apply to any obligation of the Company pursuant to the Separation Agreement, any rights in the nature of indemnification which Employee may have, any rights that Employee may have to obtain contribution in the event of the entry of judgment against Employee as a result of any act or failure to act for which both Employee and the Company are jointly responsible or any vested benefit to which Employee is entitled under the Company’s employee benefit plans' comxxxxxxxxx.