Common use of GENERAL RELEASE AND DISCHARGE BY EXECUTIVE Clause in Contracts

GENERAL RELEASE AND DISCHARGE BY EXECUTIVE. In consideration for the continued employment and other consideration (described in paragraph 3 above), the Executive on his own behalf, and his descendants, ancestors, dependents, heirs, executors, administrators, assigns, and successors, and each of the, hereby covenants not to sue and fully releases and discharges the Company, and its parent suxxxdiaries and affiliates, past and present, and each of them as well as its and their trustees, directors, officers, agents, attorneys, insurers, Executives, stockholders, representatives, assigns, and successors, past and present, and each of them hereinafter together and collectively referred to as "releasees", with the 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 the Executive now owns or holds or has at any time heretofore owned or held as against said releasees, arising out of or in any way connected with the Executive's employment relationship with the Company, or the Executive's voluntary resignation from employment 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 but not limited to, claims based on any express or implied contract of employment which may have been alleged to exist between the Company and the Executive, Title VII of the Civil Rights Act of 1964, 42 USC Section 2000e, et seq, as amended, the Civil Rights Act of 1991, P.L. 102-166, the Elliott-Larsen Civil Rights Act, MCLA Section 37.2101, et seq, the Rxxxxxxxxxxxxx Act of 1973, 29 USC 701, et seq, as amended, the Americans with Disabilities Act of 1990, 42 USC 12206, et seq, as amended, or the Michigan Persons With Disabilities Civil Rights Act, MCLA Section 37.1101, et seq, as amended, or any other federal, state or local law, rule, regulation, ordinance or common law, and claims for severance pay, sick leave, holiday pay, and any other fringe benefit of the Company except rights, if any, under the group insurance plans, pension plan, savings plan or the Executive stock Ownership plan.

GENERAL RELEASE AND DISCHARGE BY EXECUTIVE. In consideration for of the continued employment payments and other consideration commitments made by the Employer to the Executive (described in paragraph 3 Section 1 above), the Executive on his [his] [her] own behalf, and his [his] [her] descendants, ancestors, dependents, heirs, executors, administrators, assigns, and successors, Tier IV Change in Control as of January 2014 and each of thethem, hereby covenants not to sue xxx and fully releases and discharges the CompanyEmployer, CMS Energy Corporation, and its parent suxxxdiaries all of their subsidiaries and affiliates, past and present, and each of them as well as its and their trustees, directors, officers, agents, attorneys, insurers, Executivesemployees, stockholders, representatives, assigns, and successors, past and present, and each of them them, hereinafter together and collectively referred to as "releasees", “Releasees,” with the 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 the Executive now owns or holds or has at any time heretofore on or prior to the Effective Date of Termination owned or held as against said releaseesReleasees, arising out of or in any way connected with the Executive's ’s employment relationship with the CompanyEmployer or the Releasees, or the Executive's voluntary resignation from ’s termination of employment or any other transactions, occurrences, acts or omissions or any loss, damage or injury whateverwhatsoever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said releaseesReleasees, or any of them them, committed or omitted prior to the date of this Agreement, including but not limited to, claims based on any express or implied contract of employment which may have been alleged to exist between the Company Employer, the Releasees and the Executive, or under the Age Discrimination in Employment Act of 0000 (“XXXX”), 00 X.X.X. §000, et seq, as amended by the Older Workers Benefit Protection Act of 1990, Title VII of the Civil Rights Act of 1964, 42 USC Section U.S.C. §2000e, et seq, as amended, the Civil Rights Act of 1991, P.L. P. L. 102-1661 66, the ElliottXxxxxxx-Larsen Xxxxxx Civil Rights Act, MCLA Section §37.2101, et seq, the Rxxxxxxxxxxxxx Rehabilitation Act of 1973, 29 USC U.S.C. §701, et seq, as amended, the Americans with Disabilities Act of 1990, 42 USC U.S.C. §12206, et seq, as amended, or the Michigan Persons With with Disabilities Civil Rights Act, MCLA Section §37.1101, et seq, as amended, or any other federal, state or local law, rule, regulation, ordinance regulation or common lawordinance, and claims for severance pay, sick leave, holiday pay, and any other fringe benefit provided to the Executive by the Employer or Releasees except for those rights preserved by Section 3.2(i) of the Company except rightsCIC Agreement. Nothing in this Agreement is intended to, if any, under the group insurance plans, pension plan, savings plan or nor do the Executive stock Ownership planand the Employer, waive the right to enforce the CIC Agreement.

GENERAL RELEASE AND DISCHARGE BY EXECUTIVE. In consideration for of the continued employment payments and other consideration commitments made by the Employer to the Executive (described in paragraph 3 Section 1 above), the Executive on his [his] [her] own behalf, and his [his] [her] descendants, ancestors, dependents, heirs, executors, administrators, assigns, and successors, and each of thethem, hereby covenants not to sue and fully releases and discharges the CompanyEmployer, CMS Energy Corporation, and its parent suxxxdiaries all of their subsidiaries and affiliates, past and present, and each of them as well as its and their trustees, directors, officers, agents, attorneys, insurers, Executivesemployees, stockholders, representatives, assigns, and successors, past and present, and each of them them, hereinafter together and collectively referred to as "releasees", “Releasees,” with the respect to and from any and all claims, wages, demands, rights, liens, agreements, contracts, covenants, actions, suits, causes Effective July 1, 2023 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 the Executive now owns or holds or has at any time heretofore on or prior to the Effective Date of Termination owned or held as against said releaseesReleasees, arising out of or in any way connected with the Executive's ’s employment relationship with the CompanyEmployer or the Releasees, or the Executive's voluntary resignation from ’s termination of employment or any other transactions, occurrences, acts or omissions or any loss, damage or injury whateverwhatsoever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said releaseesReleasees, or any of them them, committed or omitted prior to the date of this Agreement, including but not limited to, claims based on any express or implied contract of employment which may have been alleged to exist between the Company Employer, the Releasees and the Executive, or under the Age Discrimination in Employment Act of 1967 (“ADEA”), 29 U.S.C. §621, et seq, as amended by the Older Workers Benefit Protection Act of 1990, Title VII of the Civil Rights Act of 1964, 42 USC Section U.S.C. §2000e, et seq, as amended, the Civil Rights Act of 1991, P.L. P. L. 102-1661 66, the ElliottXxxxxxx-Larsen Xxxxxx Civil Rights Act, MCLA Section §37.2101, et seq, the Rxxxxxxxxxxxxx Rehabilitation Act of 1973, 29 USC U.S.C. §701, et seq, as amended, the Americans with Disabilities Act of 1990, 42 USC U.S.C. §12206, et seq, as amended, or the Michigan Persons With with Disabilities Civil Rights Act, MCLA Section §37.1101, et seq, as amended, or any other federal, state or local law, rule, regulation, ordinance regulation or common lawordinance, and claims for severance pay, sick leave, holiday pay, and any other fringe benefit provided to the Executive by the Employer or Releasees except for those rights preserved by Section 3.2(i) of the Company except rightsCIC Agreement. Nothing in this Agreement is intended to, if any, under the group insurance plans, pension plan, savings plan or nor do the Executive stock Ownership planand the Employer, waive the right to enforce the CIC Agreement.

GENERAL RELEASE AND DISCHARGE BY EXECUTIVE. In consideration for of the continued employment payments and other consideration commitments made by Employer to the Executive (described in paragraph 3 Section 2 above), the Executive on his or her own behalf, and his or her descendants, ancestors, dependents, heirs, executors, administrators, assigns, and successors, and each of thethem, hereby covenants not to sue xxx and fully releases and discharges the CompanyEmployer, CMS Energy Corporation, and its parent suxxxdiaries all of their subsidiaries and affiliates, past and present, and each of them as well as its and their trustees, directors, officers, agents, attorneys, insurers, Executivesemployees, stockholders, representatives, assigns, and successors, past and present, and each of them them, hereinafter together and collectively referred to as "releasees", “Releasees,” with the 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 the Executive now owns or holds or has at any time heretofore owned or held as against said releaseesReleasees, arising out of or in any way connected with the Executive's ’s employment relationship with Employer or the CompanyReleasees, or the Executive's voluntary resignation from ’s termination of employment 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 releaseesReleasees, or any of them them, committed or omitted prior to the date of this Agreement, including but not limited to, claims based on any express or implied contract of employment which may have been alleged to exist between Employer, the Company Releasees and the Executive, Title VII of the Civil Rights Act of 1964, 42 USC Section U.S.C. §2000e, et seq, as amended, the Civil Rights Act of 1991, P.L. P. L. 102-1661 66, the ElliottXxxxxxx-Larsen Xxxxxx Civil Rights Act, MCLA Section §37.2101, et seq, the Rxxxxxxxxxxxxx Rehabilitation Act of 1973, 29 USC U.S.C. §701, et seq, as amended, the Americans with Disabilities Act of 1990, 42 USC U.S.C. §12206, et seq, as amended, or the Michigan Persons With with Disabilities Civil Rights Act, MCLA Section §37.1101, et seq, as amended, or any other federal, state or local law, rule, regulation, ordinance regulation or common lawordinance, and claims for severance pay, sick leave, holiday pay, and any other fringe benefit provided to Executive by Employer or Releasees except for those rights preserved by Section 3.3(e) of the Company except rightsaforementioned Executive Severance Agreement. Nothing in this Agreement is intended to, if any, under the group insurance plans, pension plan, savings plan or nor do the Executive stock Ownership planand Employer, waive the right to enforce the aforementioned Executive Severance Agreement.

GENERAL RELEASE AND DISCHARGE BY EXECUTIVE. In consideration for of the continued employment payments and other consideration commitments made by the Employer to the Executive (described in paragraph 3 Section 1 above), the Executive on his [his] [her] own behalf, and his [his] [her] descendants, ancestors, dependents, heirs, executors, administrators, assigns, and successors, and each of thethem, hereby covenants not to sue xxx and fully releases and discharges the CompanyEmployer, CMS Energy Corporation, and its parent suxxxdiaries all of their subsidiaries and affiliates, past and present, and each of them as well as its and their trustees, directors, officers, agents, attorneys, insurers, Executivesemployees, stockholders, representatives, assigns, and successors, past and present, and each of them them, hereinafter together and collectively referred to as "releasees", “Releasees,” with the 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 the Executive now owns or holds or has at any time heretofore on or prior to the Effective Date of Termination owned or held as against said releaseesReleasees, arising out of or in any way connected with the Executive's ’s employment relationship with the CompanyEmployer or the Releasees, or the Executive's voluntary resignation from ’s termination of employment or any other transactions, occurrences, acts or omissions or any loss, damage or injury whateverwhatsoever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of said releaseesReleasees, or any of them them, committed or omitted prior to the date of this Agreement, including but not limited to, claims based on any express or implied contract of employment which may have been alleged to exist between the Company Employer, the Releasees and the Executive, or under the Age Discrimination in Employment Act of 0000 (“XXXX”), 00 X.X.X. §000, et seq, as amended by the Older Workers Benefit Protection Act of 1990, Title VII of the Civil Rights Act of 1964, 42 USC Section U.S.C. §2000e, et seq, as amended, the Civil Rights Act of 1991, P.L. P. L. 102-1661 66, the ElliottXxxxxxx-Larsen Xxxxxx Civil Rights Act, MCLA Section §37.2101, et seq, the Rxxxxxxxxxxxxx Rehabilitation Act of 1973, 29 USC U.S.C. §701, et seq, as amended, the Americans with Disabilities Act of 1990, 42 USC U.S.C. §12206, et seq, as amended, or the Michigan Persons With with Disabilities Civil Rights Act, MCLA Section §37.1101, et seq, as amended, or any other federal, state or local law, rule, regulation, ordinance regulation or common lawordinance, and claims for severance pay, sick leave, holiday pay, and any other fringe benefit provided to the Executive by the Employer or Releasees except for those rights preserved by Section 3.2(i) of the Company except rightsCIC Agreement. Nothing in this Agreement is intended to, if any, under the group insurance plans, pension plan, savings plan or nor do the Executive stock Ownership planand the Employer, waive the right to enforce the CIC Agreement.

GENERAL RELEASE AND DISCHARGE BY EXECUTIVE. In consideration for of the continued employment payments and other consideration commitments made by the Company to the Executive (described in paragraph 3 Section 2 above), the Executive on his own behalf, and his descendants, ancestors, dependents, heirs, executors, administrators, assigns, and successors, and each of thethem, hereby covenants not to sue and fully releases and discharges the Company, CMS Energy Corporxxxon, and its parent suxxxdiaries all of their subsidiaries and affiliates, past and present, and each of them as well as its and their trustees, directors, officers, agents, attorneys, insurers, Executivesemployees, stockholders, representatives, assigns, and successors, past and present, and each of them them, hereinafter together and collectively referred to as "releasees", Releasees," with the 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 the Executive now owns or holds or has at any time heretofore owned or held as against said releaseesReleasees, arising out of or in any way connected with the Executive's employment relationship with the CompanyCompany or the Releasees, or the Executive's voluntary resignation from termination of employment 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 releaseesReleasees, or any of them them, committed or omitted prior to the date of this Agreement, including but not limited to, claims based on any express or implied contract of employment which may have been alleged to exist between the Company Company, the Releasees and the Executive, Title VII of the Civil Rights Act of 1964, 42 USC U.S.C. Section 2000e, et seq, as amended, the Civil Rights Act of 1991, P.L. P. L. 102-1661 66, the Elliott-Larsen Civil Rights Act, MCLA Section 37.2101, et seq, the Rxxxxxxxxxxxxx Act of 1973, 29 USC U.S.C. Section 701, et seq, as amended, the Americans with Disabilities Act of 1990, 42 USC U.S.C. Section 12206, et seq, as amended, (or the Michigan Persons With with Disabilities Civil Rights Act, MCLA Section 37.1101, et seq, as amended, or any other federal, state or local law, rule, regulation, ordinance regulation or common lawordinance, and claims for severance pay, sick leave, vacation pay and holiday pay, and any other fringe benefit of except as provided in the sentences that follow. Nothing in this Agreement is intended to, nor do the Executive, the Company except rightsand CMS Energy Corporation, if anywaive the right to enforce this Agreement pursuant to Section 14 below. Further, this release does not relate to claims Executive may have accrued through March 17, 2004 under benefit programs available to all employees under the general benefit plan descriptions, under descriptions contained in particular plans or contracts applicable to members of Executive's paygrade and under the group insurance plansPension Plan and SERP, pension planprovided, savings plan or however, that determinations made with respect to the Executive stock Ownership planparticular plans described in Section 2 of this Agreement are final and shall not be changed. Finally, this release does not relate to Executive's rights and claims for indemnification.