Common use of Full Release Clause in Contracts

Full Release. For the consideration set forth in this Agreement and the Employment Agreement and for other fair and valuable consideration therefor, Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this Agreement, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment (subject to the terms and conditions of the Employment Agreement, including, without limitation, the execution and non-revocation of the Release of Claims on or within twenty-one (21) days following the Termination Date), employee benefit plans of the Company or Executive’s right to indemnification as provided in the Company’s Charter and ByLaws.

Full Release. For the consideration set forth in this the Transition and Separation Agreement entered into between the Company and Executive, dated as July [ ], 2011 (the “Transition and Separation Agreement”) and the Employment Agreement by and between the Company and Executive, dated as August 26, 2010 (the “Employment Agreement”) and for other fair and valuable consideration therefor, Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this AgreementRelease, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment (subject to the terms and conditions of the Employment Agreement, including, without limitation, the execution and non-revocation of the Release of Claims on or within twenty-one (21) days following the Termination Date)employment, employee benefit plans of the Company Company, or Executive’s right to indemnification as provided in the Company’s Charter and ByLaws.

Full Release. For the consideration set forth in this Agreement and the Employment Agreement Agreement, by and between the Company and Executive, dated as of May 2, 2006 and as amended and restated as of ___________________, 2008 (the “Employment Agreement”) and for other fair and valuable consideration therefor, Executive, for himselfherself, his her heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this AgreementRelease, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his her employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment (subject to the terms and conditions of the Employment Agreement, including, without limitation, the execution and non-revocation of the Release of Claims on or within twenty-one (21) days following the Termination Date)employment, employee benefit plans of the Company Company, or Executive’s right to indemnification as provided in the Company’s Charter and ByLawsBy-Laws.

Full Release. For the consideration set forth in this Agreement the Separation Agreement, by and between the Employment Agreement Company and Executive, dated as of [ ] (the “Separation Agreement”) and for other fair and valuable consideration therefor, Executive, for himselfherself, his her heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this AgreementRelease, against the Company Entities arising out of or in any way related to (i) Executive’s employment or termination or (ii) Executive’s Employment Agreement with the Company, dated as of his employment[ ], 2009 as amended and/or restated from time to time (the “Employment Agreement”); provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment (subject to the terms and conditions of the Employment Agreementemployment, including, without limitation, the execution and non-revocation of the Release of Claims on or within twenty-one (21) days following the Termination Date), vested benefits under employee benefit plans of the Company Company, or Executive’s right to indemnification as provided in Section 16 of the Company’s Charter and ByLawsEmployment Agreement.

Full Release. For In consideration of the consideration amounts set forth in this Agreement and the Employment Agreement by and between the Company and Executive, dated as of December , 2006 (the “Employment Agreement”), and as a precondition for other fair and valuable consideration thereforreceiving same, Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, agents, insurers, subsidiaries, parents, affiliates, successors and agents assigns (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimedclaimed by Releasors, which the Releasors havehave or may have that arise out of, from the beginning of time through concern, or relate in any way to any acts or omissions done or occurring prior to and including the date of this Agreement, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment (subject to employment, Executive’s equity grants in the terms and conditions of the Employment AgreementCompany, including, without limitation, the execution and non-revocation of the Release of Claims on or within twenty-one (21) days following the Termination Date), Executive’s rights under any employee benefit plans of the Company Company, or Executive’s right to indemnification as provided in Paragraph 11 of the Company’s Charter and ByLawsEmployment Agreement.

Full Release. For In consideration of the consideration promises and payments of the amounts set forth in this Agreement the Retirement and Consulting Agreement, by and between the Employment Agreement Company and for other fair and valuable consideration thereforExecutive, dated as of March 1, 2009 (the “Retirement Agreement”) the Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, agents, insurers, subsidiaries, parents, affiliates, successors and agents assigns (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this Agreement, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Retirement Agreement upon termination of employment (subject to employment, Annual Bonus and Awards in the terms and conditions of the Employment Agreement, including, without limitation, the execution and non-revocation of the Release of Claims on or within twenty-one (21) days following the Termination Date)Company, employee benefit plans of the Company or Executive’s right to indemnification as provided in the Company’s Charter and ByLawsdirectors’ and officers’ insurance.

Full Release. For the consideration set forth in this Agreement the Change in Control and Severance Agreement, by and between the Employment Agreement Company and Executive, dated as of January 7, 2013 (the “Severance Agreement”) and for other fair and valuable consideration therefor, Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this AgreementRelease, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Severance Agreement upon termination of employment (subject to the terms and conditions of the Employment Agreement, including, without limitation, the execution and non-revocation of the Release of Claims on or within twenty-one (21) days following the Termination Date)employment, employee benefit plans of the Company Company, Executive’s equity awards and equity in the Company, or Executive’s right to indemnification as provided in Executive’s Indemnification Agreement with the Company, the Company’s Charter bylaws (as amended from time to time), the Restated Certificate of Incorporation of the Company (as amended from time to time), any other plan or agreement or at law, or Executive’s coverage under any directors and ByLawsofficers liability insurance policies.

Full Release. For the consideration set forth in this Agreement and the Employment Agreement Agreement, by and between the Company and Executive, dated as of January 14, 2011 (the “Employment Agreement”) and for other fair and valuable consideration therefortherefore, Executive, for himself, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this AgreementGeneral Release, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his employment; provided, however, that this shall not be a release with respect to any claims Executive may have in his capacity as a shareholder of the Company including without limitation, claims under the Stockholder Agreement, dated January 14, 2011, among the Company and the holders party thereto; the Registration Rights Agreement, dated January 14, 2011, among the Company and the holders party thereto; the Warrant, dated January 14, 2011; and the Company’s Charter and the By-Laws, or with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment (subject to the terms and conditions of the Employment Agreement, including, without limitation, the execution and non-revocation of the Release of Claims on or within twenty-one (21) days following the Termination Date)employment, employee benefit plans of the Company Company, or Executive’s right to indemnification and directors and officers insurance as provided in Section 9 of the Company’s Charter and ByLawsEmployment Agreement.

Full Release. For the consideration set forth in this Agreement and the Employment Agreement Agreement, by and between the Company and Executive, dated as of [ ], 2008, as amended and/or restated from time to time (the “Employment Agreement”) and for other fair and valuable consideration therefor, Executive, for himselfherself, his her heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “Releasors”), hereby fully releases and discharges the Company, its parents, subsidiaries, affiliates, insurers, successors, and assigns, and their respective officers, directors, employees, and agents (all such persons, firms, corporations and entities being deemed beneficiaries hereof and are referred to herein as the “Company Entities”) from any and all actions, causes of action, claims, obligations, costs, losses, liabilities, damages and demands of whatsoever character, whether or not known, suspected or claimed, which the Releasors have, from the beginning of time through the date of this AgreementRelease, against the Company Entities arising out of or in any way related to Executive’s employment or termination of his her employment; provided, however, that this shall not be a release with respect to any amounts and benefits owed to Executive pursuant to the Employment Agreement upon termination of employment (subject to the terms and conditions of the Employment Agreement, including, without limitation, the execution and non-revocation of the Release of Claims on or within twenty-one (21) days following the Termination Date)employment, employee benefit plans of the Company Company, or Executive’s right to indemnification as provided in Section 16 of the Company’s Charter and ByLawsEmployment Agreement.