Common use of General Release by Executive Clause in Contracts

General Release by Executive. In consideration of the foregoing, including the payment described in Section 1 above, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided below, Executive hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent and all of its predecessors, successors and assigns, (ii) all of Parent’s past, present and future affiliates, parent corporations, subsidiaries, divisions and joint venture entities and all of their respective predecessors, successors and assigns, and (iii) all of the past, present and future officers, directors, managers, shareholders, investors, employee benefit plan administrators, employees, agents, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any of the Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, accrued or not accrued, which arises directly or indirectly out of, or is based on or related in any way to Executive’s employment with or termination of employment from the Company or any of its affiliates, including any such matter arising in respect of that certain Employment Agreement by and among Executive and the Employer Parties dated December 19, 2019, or the Sign-On Agreement (such that those agreements shall be of no further force or effect, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect), or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: (x) any claim arising from any breach or failure to perform any provision of the Separation Agreement or this Release; [or] (y) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release[; or (z) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967].

General Release by Executive. In consideration of the foregoing, including the payment described in Section 1 above, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided below, Executive hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent the Company, the Partnership and all of its their predecessors, successors and assigns, (ii) all of Parentthe Company’s and the Partnership’s past, present and future affiliates, parent corporationsentities, subsidiaries, divisions and joint venture entities and all of their respective predecessors, successors and assigns, and (iii) all of the past, present and future officers, directors, managers, partners, members, shareholders, investors, employee benefit plan administrators, employees, agents, insurers, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any of the Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, accrued or not accrued, which arises of any kind or nature whatsoever ​ ​ arising from the beginning of time to the Effective Date (defined below), including but not limited to those that arise directly or indirectly out of, or is are based on or related in any way to Executive’s employment with or termination of employment from the Company any Employer Party or any of its affiliates, including any such matter arising in respect of that certain Original Employment Agreement by and among Executive and Agreement, the Employer Parties dated December 19, 2019, or the Sign-On Agreement (such that those agreements shall be of no further force or effect, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect)Employment Agreement, or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: (x) any claim arising from any breach or failure to perform any provision of the Separation Agreement or this Release; [or] (y) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release[; or (z) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967].

General Release by Executive. In consideration exchange for the benefits and undertakings described herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Executive, for and on behalf of the foregoingExecutive and each of the Executive’s heirs, including the payment described in Section 1 aboveexecutors, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided belowadministrators, Executive hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent and all of its predecessorspersonal representatives, successors and assigns, (ii) all to the maximum extent permitted by law, hereby acknowledges full and complete satisfaction of Parent’s pastand absolutely and irrevocably and unconditionally fully and forever releases, present acquits and future affiliatesdischarges Extraction, parent corporationsand its equityholders, subsidiariesmembers and managers; including, divisions and joint venture entities and all without limitation, each of their respective predecessorspast and present direct and indirect equityholders, owners, investors, directors, members, partners, officers, employees, attorneys, agents and representatives, and their respective heirs, executors, administrators, personal representatives, successors and assigns, and assigns (iii) all of the past, present and future officers, directors, managers, shareholders, investors, employee benefit plan administrators, employees, agents, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every actionall claims, cause demands, suits, causes of action, complaintliabilities, claimobligations, demandjudgments, administrative chargeorders, legal rightdebts, compensationliens, obligationcontracts, damages (including consequentialagreements, exemplary covenants and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any causes of the Releasees, whether legal, equitable or administrative, in any forum or jurisdictionaction of every kind and nature, whether known or unknown, foreseen suspected or unforeseenunsuspected, matured concealed or unmaturedhidden, accrued vested or not accruedcontingent, in law or equity, existing by statute, common law, contract or otherwise, which arises directly have existed, may exist or indirectly do exist, through and including the execution and delivery by the Executive of this Agreement (but not including the Executive’s or Extraction’s performance under this Agreement), including, without limitation, any of the foregoing arising out of, of or is based on or related in any way related to or based upon: (i) the Executive’s application for and employment with the Employer, the Executive being an employee of the Employer, or termination of employment from the Company Separation; (ii) any and all claims in tort or any of its affiliatescontract, including any such matter arising in respect claim under the Employment Agreement, the Long Term Incentive Plan, the Award Agreements, and any and all claims alleging breach of that certain Employment Agreement by and among Executive and the Employer Parties dated December 19, 2019an express or implied, or the Sign-On Agreement oral or written, contract, policy manual or employee handbook; (such that those agreements shall be iii) any alleged misrepresentation, defamation, interference with contract, intentional or negligent infliction of no further force emotional distress, sexual harassment, negligence or effectwrongful discharge; or (iv) any federal, state or local law, statute, ordinance or regulation, including but not limited to all labor and employment discrimination laws, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect), or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: (x) any claim arising from any breach or failure to perform any provision of the Separation Agreement or this Release; [or] (y) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release[; or (z) any claims arising solely and including specifically under the Age Discrimination in Employment Act of 1967]1987, as amended by the Older Workers Benefit Protection Act and otherwise (the “ADEA”). The foregoing release does not affect the Executive’s right to benefits under the terms of any employee benefit plan in which he participated while employed by the Company, continuation coverage benefits under COBRA, his right to enforce the terms of this Agreement or any claim for indemnification to which the Executive is entitled under the Company’s directors and officers liability insurance or under the Articles of Organization or limited liability agreement or any indemnification agreement, or any right which as a matter of law may not be waived.

General Release by Executive. In consideration of the foregoingprovisions of this Agreement, including the payment described in payments and benefits under Section 1 3 above, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided below, Executive Executive, as of the Effective Date, hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent the Company and all of its predecessors, successors and assigns, (ii) all of Parentthe Company’s past, present and future affiliates, parent corporations, subsidiaries, divisions and joint venture entities and all of their respective predecessors, successors and assigns, and (iii) all of the past, present and future officers, directors, managers, shareholders, investors, employee benefit plan administrators, employees, agents, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any of the Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, accrued or not accrued, which arises directly or indirectly out of, or is based on or related in any way to (A) any acts or omissions by any person or entity through the Effective Time, (B) the Employment Agreement or the termination thereof, or (C) Executive’s employment with or termination of employment from the Company or any of its subsidiaries and affiliates, including in each case any such matter arising in respect of that certain Employment Agreement by and among Executive and the Employer Parties dated December 19, 2019, or the Sign-On Agreement (such that those agreements shall be of no further force or effect, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect), or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: (x1) any claims arising after the date Executive signs this Agreement; (2) rights to receive payments and other benefits preserved, not waived and not released in Section 2(a)(ii) of this Agreement; (3) any claim arising from any breach or failure to perform any provision of the Separation Agreement this Agreement; or this Release; [or] (y4) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release[; or (z) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967].

General Release by Executive. In consideration of the foregoing, including the payment described in Section 1 3(a) above, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided belowbelow (this “Release”), Executive hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent and all of its predecessors, successors and assigns, (ii) all of Parent’s past, present and future affiliates, parent corporations, subsidiaries, divisions and joint venture entities and all of their respective predecessors, successors and assigns, and (iii) all of the past, present and future officers, directors, managers, shareholders, investors, employee benefit plan administrators, employees, agents, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any of the Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, accrued or not accrued, which arises directly or indirectly out of, or is based on or related in any way to Executive’s employment with or termination of employment from the Company or any of its affiliates, including any such matter arising in respect of that certain Employment Agreement by and among Executive and the Employer Parties dated December 19, 2019, or the Sign-On Agreement (such that those agreements shall be of no further force or effect, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect), or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: (x) any claim arising solely and specifically under the Age Discrimination in Employment Act of 1967; (y) any claim arising from any breach or failure to perform any provision of the Separation Agreement this Agreement; or this Release; [or] (yz) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release[; or (z) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967].

General Release by Executive. In consideration of the foregoingSeparation Agreement, including the payment payments and benefits described in Section 1 above3 of the Separation Agreement, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided below, Executive hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent the Company and all of its predecessors, successors and assigns, (ii) all of Parentthe Company’s past, present and future affiliates, parent corporations, subsidiaries, divisions and joint venture entities and all of their respective predecessors, successors and assigns, and (iii) all of the past, present and future officers, directors, managers, shareholders, investors, employee benefit plan administrators, employees, agents, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any of the Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, accrued or not accrued, which arises directly or indirectly out of, or is based on or related in any way to (A) any acts or omissions by any person or entity through the date of this Release, (B) the Employment Agreement or the termination thereof, or (C) Executive’s employment with or termination of employment from the Company or any of its subsidiaries affiliates, or otherwise, including any such matter arising in respect of that certain Employment Agreement by and among Executive and the Employer Parties dated December 19, 2019, or the Sign-On Agreement (such that those agreements shall be of no further force or effect, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect), or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: (xi) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967 after the date Executive signs this Release, (ii) rights to receive payments and other benefits preserved, not waived and not released in Section 2(a)(ii) of the Separation Agreement, (iii) any claim arising from any breach or failure to perform any provision of the Separation Agreement Agreement, or this Release; [or] (yiv) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release[; or (z) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967].

General Release by Executive. In consideration of the foregoing, including the payment described in Section 1 above, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided below, Executive hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent the Company, the Partnership and all of its their predecessors, successors and assigns, (ii) all of Parentthe Company’s and the Partnership’s past, present and future affiliates, parent corporationsentities, subsidiaries, divisions and joint venture entities and all of their respective predecessors, successors and assigns, and (iii) all of the past, present and future officers, directors, managers, partners, members, shareholders, investors, employee benefit plan administrators, employees, agents, insurers, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any of the Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, accrued or not accrued, which arises of any kind or nature ​ whatsoever arising from the beginning of time to the Effective Date (defined below), including but not limited to those that arise directly or indirectly out of, or is are based on or related in any way to Executive’s employment with or termination of employment from the Company any Employer Party or any of its affiliates, including any such matter arising in respect of that certain Employment Agreement Executive Services Agreement, by and among between Executive and the Employer Parties Company, dated December 19as of August 2, 2019, or 2019 (the Sign-On Agreement (such that those agreements shall be of no further force or effect, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect“Employment Agreement”), or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: (x) any claim arising from any breach or failure to perform any provision of the Separation Agreement or this Release; [or] (y) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release[; or (z) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967].

General Release by Executive. In consideration of the foregoing, including the payment described in payments and benefits under Section 1 3 above, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided below, Executive hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent and all of its predecessors, successors and assigns, (ii) all of Parent’s past, present and future affiliates, parent corporations, subsidiaries, divisions and joint venture entities and all of their respective predecessors, successors and assigns, and (iii) all of the past, present and future officers, directors, managers, shareholders, investors, employee benefit plan administrators, employees, agents, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any of the Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, accrued or not accrued, which arises directly or indirectly out of, or is based on or related in any way to the Restated Employment Agreement and related Guaranty referenced in Section 2(f) or the termination thereof, Executive’s employment with or termination of employment from the Company or any of its affiliates, including any such matter arising in respect of that certain Employment Agreement by and among Executive and the Employer Parties dated December 19, 2019, or the Sign-On Agreement (such that those agreements shall be of no further force or effect, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect), or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: (x1) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967; (2) rights to receive payments and other benefits preserved, not waived and not released in Section 2(f)(ii) of this Separation Agreement; (3) any claim arising from any breach or failure to perform any provision of the Separation Agreement this Agreement; or this Release; [or] (y4) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release[; or (z) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967].

General Release by Executive. In consideration of the foregoing, including the payment described in Section 1 above, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided below, Executive hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent and all of its predecessors, successors and assigns, (ii) all of Parent’s past, present and future affiliates, parent corporations, subsidiaries, divisions and joint venture entities and all of their respective predecessors, successors and assigns, and (iii) all of the past, present and future officers, directors, managers, shareholders, investors, employee benefit plan administrators, employees, agents, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any of the Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, accrued or not accrued, which arises directly or indirectly out of, or is based on or related in any way to Executive’s employment with or termination of employment from the Company or any of its affiliates, including any such matter arising in respect of the Employment Agreement or that certain Employment Inducement Agreement by and among Executive and the Employer Parties dated December 19Parties, 2019effective as of January 11, or the Sign-On Agreement 2018 (such that those agreements shall be of no further force or effect, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect), or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: [(x) any claim arising from any breach or failure to perform any provision of the Separation Transition Agreement or this Release; [or] (y) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release][; or (z) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967]].

General Release by Executive. In consideration of the foregoing, including the payment described in Section 1 above, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided below, Executive hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent and all of its predecessors, successors and assigns, (ii) all of Parent’s past, present and future affiliates, parent corporations, subsidiaries, divisions and joint venture entities and all of their respective predecessors, successors and assigns, and (iii) all of the past, present and future officers, directors, managers, shareholders, investors, employee benefit plan administrators, employees, agents, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any of the Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, accrued or not accrued, which arises directly or indirectly out of, or is based on or related in any way to Executive’s employment with or termination of employment from the Company or any of its affiliates, including any such matter arising in respect of that certain Employment Agreement by and among Executive and the Employer Parties dated December 19, 2019, or the Sign-On Agreement (such that those agreements shall be of no further force or effect, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect), or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: (xi) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967 after the date Executive signs this Release, (ii) rights to receive payments and other benefits preserved, not waived and not released in Section 2(f)(ii) of the Separation Agreement, (iii) any claim arising from any breach or failure to perform any provision of the Separation Agreement Agreement, or this Release; [or] (yiv) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release[; or (z) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967].

General Release by Executive. In consideration of the foregoing, including the payment described in Section 1 above, which Executive hereby expressly acknowledges as good and sufficient consideration for the releases provided below, Executive hereby unconditionally and irrevocably releases, acquits and forever discharges, to the fullest extent permitted by applicable law, (i) Parent and all of its predecessors, successors and assigns, (ii) all of Parent’s past, present and future affiliates, parent corporations, subsidiaries, divisions and joint venture entities and all of their respective predecessors, successors and assigns, and (iii) all of the past, present and future officers, directors, managers, shareholders, investors, employee benefit plan administrators, employees, agents, attorneys and other representatives of each of the entities described in the immediately preceding clauses (i) and (ii), individually and in their respective representative capacities (the persons or entities referred to in the immediately preceding clauses (i), (ii) and (iii) being, individually, a “Releasee” and, collectively, the “Releasees”), from any and every action, cause of action, complaint, claim, demand, administrative charge, legal right, compensation, obligation, damages (including consequential, exemplary and punitive damages), liability, cost or expense (including attorney’s fees) that Executive has, may have or may be entitled to from or against any of the Releasees, whether legal, equitable or administrative, in any forum or jurisdiction, whether known or unknown, foreseen or unforeseen, matured or unmatured, accrued or not accrued, which arises directly or indirectly out of, or is based on or related in any way to Executive’s employment with or termination of employment from the Company or any of its affiliates, including any such matter arising in respect of that certain Employment Agreement by and among Executive and the Employer Parties dated December 19, 2019, or the Sign-On Agreement (such that those agreements shall be of no further force or effect, and are null and void, it being understood that the Continuing SOA Requirements under the Sign-On Agreement shall remain in effect), or from the negligence, gross negligence or reckless, willful or wanton misconduct of any of the Releasees (together, the “Released Claims”); provided, however, that this Release does not apply to, and the Released Claims do not include: (x) any claim arising solely and specifically under the Age Discrimination in Employment Act of 1967 after the date Executive signs this Release; (y) any claim arising from any breach or failure to perform any provision of the Separation Agreement or this Release; [or] or (yz) any claim for worker’s compensation benefits or any other claim that cannot be waived by a general release[; or (z) any claims arising solely and specifically under the Age Discrimination in Employment Act of 1967].