Common use of General Release and Covenant Not to Sxx Clause in Contracts

General Release and Covenant Not to Sxx. Except for those obligations created by or arising out of this Agreement, Executive on behalf of himself, his descendants, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to sxx and fully releases and discharges Horizon, and its parent, subsidiaries and affiliates, past and present, and each of them, as well as its and their trustees, directors, officers, agents, attorneys, insurers, employees, stockholders, representatives, assigns, and successors, past and present, and each of them, hereinafter together and collectively referred to as “Releasees,” with respect to and from any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which he now owns or holds or he has at any time heretofore owned or held or may in the future hold as against said Releasees, including any claims arising out of or in any way connected with his employment relationship with Horizon, or his separation from the same, or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said Releasees, or any of them, committed or omitted prior to the date of this Agreement including, without limiting the generality of the foregoing, any claim under Title VII of the Civil Rights Act of 1964 (as amended), the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act of 1993 (the “FMLA”), the Washington Law Against Discrimination, the Washington Age Discrimination Law, or any claim for severance pay, bonus, sick leave, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. This release does not, however, cover any claim that cannot be released as a matter of applicable law. Executive acknowledges and agrees that he has received any and all leave and other benefits that he has been and is entitled to pursuant to FMLA.

General Release and Covenant Not to Sxx. Except a. The Releasing Party, for those obligations created by or arising out and in consideration of this Agreementthe Settlement Payment and the LADOT Settlement Amount, Executive on behalf as required under Section 3 above and other good and valuable consideration, the receipt and sufficiency of himself, his descendants, dependents, heirs, executors, administrators, assigns, and successors, and each of themwhich is hereby acknowledged, hereby covenants not to sxx remises, releases, acquits, satisfies and fully releases and forever discharges Horizon, Seller and its parent, subsidiaries and affiliates, past and present, and each of them, as well as its and their trusteespresent officers, directors, officersshareholders, agentsparent companies, attorneyssubsidiaries, insurersrelated entities, employees, stockholdersrepresentatives, legal representatives, assigns, transferees, predecessors, heirs, principals, attorneys, agents and successorsall of Seller’s other direct and indirect Affiliates (collectively “Released Party”), past of and presentfrom all, and each all manner of them, hereinafter together action and collectively referred to as “Releasees,” with respect to and from any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, cause and causes of action, obligationssuits, debts, costsdues, expensessums of money, attorneys’ feesaccounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, obligations, promises, variances, trespasses, damages, judgments, orders executions, claims and liabilities demands whatsoever (all of whatever kind the foregoing collectively, “Claims”), in law or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which he now owns or holds or he has at any time heretofore owned or held or may in the future hold as against said Releasees, including any claims arising out of or in any way connected with his employment relationship with Horizon, or his separation from the same, or any other transactions, occurrences, acts or omissions or any loss, damage or injury whateverequity, known or unknown, suspected cxxxxx or unsuspectedinchoate, resulting from which said Releasing Party, either individually or collectively, claims to have on behalf of itself or any act other entity or omission by or on the part of said Releaseesperson, ever had, now has, or which any personal representative, successor, heir or assign of themthe Releasing Party, committed hereafter can, shall or omitted prior may have, against the Released Party, either individually or collectively, from the beginning of the world to the date of this Agreement includingSettlement Agreement, including without limiting limitation i) any and all Claims arising from the generality of the foregoingperformance, any claim under Title VII of the Civil Rights Act of 1964 (as amended), the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act of 1993 (the “FMLA”), the Washington Law Against Discrimination, the Washington Age Discrimination Lawnonperformance, or any claim for severance payof breach of the Seller’s covenants, bonusagreements and other obligations under the Original Agreement, sick leave, holiday pay, vacation pay, life insurance, health or medical insurance the Amended Agreement or any other fringe benefit. This release does notcertificates, howeverdocuments or agreements provided by the parties in connection therewith (including Seller’s obligations to transfer the Assets as set forth in Section 2 of the Amended Agreement, cover any claim that cannot be released as a matter all of applicable law. Executive which Buyer acknowledges and agrees that he has received having received), ii) any and all leave Claims arising from the Seller’s representations and other benefits that he has been warranties contained in the Original Agreement, the Amended Agreement or any certificates, documents or agreements provided by the parties in connection therewith, iii) any and is entitled to all Claims arising (whether pursuant to FMLAthe provisions of the Original Agreement, the Amended Agreement, the Terminated Agreements (defined in Section 11 hereof) or any certificates, documents or agreements provided by the parties in connection therewith) for breaches of any representations, warranties, indemnification obligations or otherwise, including without limitation any Claims based on or related to allegations of total liquidity shortfall or total value shortfall and/or based on or related to fraud, iv) any and all Claims arising from any financial or other information provided by Seller or otherwise made available by Seller to Buyer, including in connection with the Original Agreement or the Amended Agreement, or in connection with any other fact, circumstance or thing, v) any and all Claims arising from any financial or other information not provided by Seller or not otherwise made available by Seller to Buyer, including in connection with the Original Agreement or the Amended Agreement, or in connection with any other fact, circumstance or thing, and vi) any and all other Claims of any nature whatsoever, whether or not arising from the Original Agreement, the Amended Agreement, or any of the agreements set forth on Schedule 7(a) hereto (collectively, the “Preserved Agreements”), subject to and excepting only the obligations of the Seller which are (A) required to be performed under this Settlement Agreement, (B) required to be performed by Seller under the Preserved Agreements following the date hereof, or (C) required to be performed by Seller under the agreements listed on Schedule 7(a)(1) hereto solely with respect to the projects set forth on Schedule 7(a)(1) hereto for which, as of the date hereof, Buyer has made payment to Seller, but for which Buyer has not received payment from the owner or third party for whom the work is being performed (the “Preserved Obligations”), as to which in the case of each of the preceding clauses (A), (B) and (C), Buyer continues to have all rights against Seller thereunder in the event of breach or non-performance; provided, that upon Buyer’s receipt of payment for any Preserved Obligation and notwithstanding anything contained in the Preserved Agreements to the contrary, such obligation shall automatically be deemed, without any additional action by the parties hereto, to (i) not have been a Preserved Obligation for any purpose, (ii) be a fully released Claim pursuant to this Section 7(a) as of the date hereof, and (iii) be fully subject to the covenant not to sxx of Section 7(b).

General Release and Covenant Not to Sxx. Except In return for those obligations created by or arising out of the consideration described in the Transition and Separation Agreement (the “Agreement”) to which this AgreementRelease is attached, Executive Executive, on his own behalf and on behalf of himself, his descendants, dependents, heirs, executors, personal representatives, administrators, agents and assigns, forever waives, releases, gives up and successorsdischarges all waivable claims, real or perceived, whether accrued or unaccrued, liquidated or contingent, and each of themnow known or unknown, hereby covenants not to sxx and fully releases and discharges Horizonagainst the Company, and its parent, subsidiaries affiliated and affiliatesrelated companies, past and present, and each all of them, as well as its and their employee benefit plans and trustees, fiduciaries, administrators, sponsors and parties-in-interest of those plans, all of its and their past and present employees, managers, directors, officers, administrators, shareholders, members, investors, agents, attorneys, insurers, employeesre-insurers and contractors acting in any capacity whatsoever (whether individually or in an official capacity on behalf of the Company), stockholdersand all of its and their respective predecessors, heirs, personal representatives, assignssuccessors and assigns (collectively, and successorsthe “Released Parties”), past and presentbased on, and each of themrelated to, hereinafter together and collectively referred to as “Releasees,” with respect to and or arising from any event that has occurred before the date he signs this Release and all claimsbased upon, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, debts, costs, expenses, attorneys’ fees, damages, judgments, orders and liabilities of whatever kind related to or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which he now owns or holds or he has at any time heretofore owned or held or may in the future hold as against said Releasees, including any claims arising out of or in any way connected with concerning his employment relationship with Horizonthe Company, the terms, conditions or privileges of his employment with the Company, his separation from employment with the sameCompany, and any and all violations and/or alleged violations of federal, state or any local human rights laws, fair employment practices and/or other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission laws by or on the part of said Releasees, or any of them, committed or omitted prior to the date of this Agreement Released Parties for any reason and under any legal theory including, without limiting the generality of the foregoingbut not limited to, any claim under those arising or which may be arising under, as applicable, Title VII of the Civil Rights Act of 1964 (as amended“Title VII”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), the Older Worker Benefit Protection Act (“OWBPA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), the Employee Polygraph Protection Act, the Americans with Disabilities ActWorker Adjustment and Retraining Notification Act (“WARN”), the Civil Rights Act of 1991, the Family and Medical Leave Act of 1993 (the “FMLA”), the Washington Law Against DiscriminationFair Labor Standards Act (“FLSA”), the Washington Age Discrimination Equal Pay Act of 1963 (“EPA”), the Lxxxx Xxxxxxxxx Fair Pay Act of 2010 (“Fair Pay Act”), the Genetic Information Nondiscrimination Act of 2008 (“GXXX”), the Rehabilitation Act, the Employee Polygraph Protection Act, the Electronic Communication Privacy Act, the Computer Fraud & Abuse Act, the Health Insurance Portability & Accountability Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Occupational Safety and Health Act (“OSHA”), the Sxxxxxxx-Xxxxx Act of 2002, the Fair Credit Reporting Act (“FCRA”), the National Labor Relations Act (“NLRA”), the Labor Management Relations Act (“NLRA”), the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), the Civil Rights Act of 1991, 42 U.S.C. §§ 1981, 1983, 1985, 1986 and 1988), the Florida Civil Rights Act of 1992, the Florida Whistleblower Protection Act, the Florida Equal Pay Act, the Florida Uniformed Service Members’ Protection Act, the Florida National Reserves Act, the Florida Domestic or Sexual Violence Leave Law, the Florida Minimum Wage Act, all Florida Wage and Hour Laws, the Florida Civil Rights Act, Florida Statutes Chapters 440 or 448, the Pennsylvania Wage Payment & Collection Law, the Pennsylvania Human Relations Act, the Pennsylvania Labor Relations Act, the Pennsylvania Equal Pay Law, the Pennsylvania Minimum Wage Act, the Pennsylvania Workers’ Compensation Act, and all other federal, state or local laws, statutes, regulations, rules, ordinances, or orders, as they may be amended. Executive also forever waives, releases, discharges and gives up all claims, real or perceived and now known or unknown, for breach of implied or express contract, breach of promise, breach of the covenant of good faith and fair dealing, misrepresentation, negligence, fraud, estoppel, defamation, libel, misrepresentation, intentional infliction of emotional distress, violation of public policy, invasion of privacy, wrongful, retaliatory or constructive discharge, assault, battery, false imprisonment, negligence, and all other claims or torts arising under any federal, state, or local law, regulation, ordinance or judicial decision, or under the United States, Pennsylvania and Florida Constitutions, and hereby waives and gives up any right to become, and promises not to agree to become, a member or representative of any class, collective action, or group of plaintiffs or other individuals in a lawsuit in which any claim for severance payis made against the Company that is related in any way to Executive’s employment with the Company, bonusthe benefits or attributes of that employment, sick leave, holiday pay, vacation pay, life insurance, health or medical insurance or any other fringe benefit. This release does not, however, cover any claim the termination of that cannot be released as a matter of applicable lawemployment. Executive acknowledges affirms that, to the best of his knowledge, he has not become a member of and such putative or certified class, collective action, multi-party action, or group claim, and agrees that if he has received any and all leave and other benefits that learns he has been made a member or representative of any such class, collective action, multi-party action, or Confidential Separation Agreement and is entitled General Release Page 12 group claim, whether putative or certified, he will take all appropriate steps to pursuant to FMLAimmediately leave or opt out of the class, collective action, multi-party action, or group.

General Release and Covenant Not to Sxx. Except for those obligations created by or arising out of this Agreement(a) Employee, Executive on behalf of himselfhimself and his family, his descendantsaxxxxxxxx, dependentsxxxxx, heirsxxxxxx, agents, executors, administratorsrepresentatives, administrators and each of their respective successors and assigns (collectively, the “Employee Parties”), hereby generally releases and forever discharges the Company and its predecessors, successors, assigns, parents, subsidiaries and successors, affiliates and each of themthe foregoing entities’ respective past, hereby covenants not to sxx present and fully releases and discharges Horizonfuture shareholders, and its parentmembers, subsidiaries and affiliatespartners, past and present, and each of them, as well as its and their trusteesmanagers, directors, officers, employees, agents, representatives, principals, insurers, attorneys, insurersemployee benefit programs (and the trustees, employeesadministrators, stockholders, representatives, assignsfiduciaries and insurers of such programs), and successorsany person acting by, past and presentthrough, and each under or in concert with any of themthe foregoing entities (collectively, hereinafter together and collectively referred to as the “Releasees,” with respect to and Company Parties”) from any and all claims, wagescomplaints, charges, demands, rights, liens, agreements, contracts, covenants, actionsliabilities, suits, causes of actiondamages, obligations, debts, costslosses, expenses, attorneys’ fees, damagesobligations or causes of action (“Claims”), judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether now known or unknown, suspected or unsuspectedof any kind and every nature whatsoever, and whether or not concealed accrued or hiddenmatured, which he now owns or holds or he has at any time heretofore owned or held or of them may in the future hold as against said Releaseeshave, including any claims arising out of or in relating to any way connected with his employment relationship with Horizontransaction, dealing, relationship, conduct, act or his separation from the sameomission, or any other transactions, occurrences, acts matters or omissions things occurring or existing at any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from time prior to and including the Effective Date (including but not limited to any act or omission by or on the part of said Releasees, or Claims against any of themthe Company Parties based on, committed relating to or omitted prior to the date arising under wrongful discharge, retaliation, breach of this Agreement includingcontract (whether oral or written), without limiting the generality tort, fraud, defamation, slander, breach of the foregoingprivacy, any claim under violation of public policy, negligence, promissory estoppel, Title VII of the Civil Rights Act of 1964 (as amended)1964, the The Age Discrimination in Employment Act, the The Americans with Disabilities Act, the Family and Medical Leave Employee Retirement Income Security Act of 1993 1974, or any other federal, state or local law relating to employment (or unemployment), the payment of wages, salary or other compensation, civil or human rights, or discrimination in employment (based on age or any other factor)) in all cases arising out of or relating to Employee’s employment by the Company or any subsidiary thereof or Employee’s investment in the Company or any subsidiary thereof or his services as an officer or employee of the Company or any subsidiary thereof, or otherwise relating to the termination of such employment or services; provided, however, that this release will not limit or release (i) Employee’s rights under this Agreement or Employee’s rights under the Employment Agreement that survive the Termination Date and are expressly identified and incorporated by reference herein pursuant to paragraph 12, (ii) Employee’s rights to indemnification from any Company Party in respect of his services as a director, officer or employee of a Company Party (or of any entity for which Employee has served in any such capacity or a similar capacity at the request of the Company) as provided by law, that certain Indemnification Agreement dated as of November 30, 2000, by and between the Company and Employee (the “FMLAIndemnification Agreement”), the Washington Law Against Discriminationcertificates of incorporation or bylaws (or like constitutive documents) of any Company Party or Employee’s rights to payment under any director’s and officer’s liability insurance carried by the Company or the Company Parties from time to time, (iii) subject to the Washington Age Discrimination Lawterms of the Employment Agreement, Employee’s rights under any incentive, savings, stock option, equity-based, profit sharing and retirement plans, practices, policies and programs in which Employee participated prior to the Termination Date (collectively, “Investment Plans”) or any agreement entered into to evidence rights granted pursuant to an Investment Plan, (iv) Employee’s entitlement, if any, to continued medical and dental insurance coverage under and pursuant to COBRA, or (v) any claim for severance payrights of Employee under any welfare benefit plan, bonuspractice or program provided by the Company (including medical, sick leaveprescription, holiday paydental, vacation payshort-term and long-term disability, life insurancesalary continuance, health employee life, group life, accidental death and travel accident insurance plans and programs) in which Employee participated prior to the Termination Date. Employee, on behalf of himself and each of the other Employee Parties, hereby covenants forever not to assert, file, prosecute, commence or medical insurance institute (or sponsor or purposely facilitate any person in connection with the foregoing), any complaint or lawsuit or any legal, equitable, arbitral or administrative proceeding of any nature, against any of the Company Parties in connection with any released Claims, and represents and warrants that no other fringe benefit. This release does notperson or entity has initiated or, howeverto the extent within his control, cover will initiate any claim such proceeding on his behalf, and that cannot be released as if such a matter of applicable law. Executive acknowledges and agrees that he has received any and all leave and other benefits that he has been and proceeding is entitled to pursuant to FMLAinitiated, Employee shall accept no benefit therefrom.