Common use of Mutual General Release Clause in Contracts

Mutual General Release. (a) The Executive hereby releases and forever discharges the Company, its past, present and future subsidiaries, divisions, affiliates, and its and their respective predecessors, successors and assigns, and each of their past, present and future employees, officers, directors, agents, insurers, employee welfare benefit plans, employee pension benefit plans and deferred compensation plans, and their trustees, administrators and other fiduciaries, and all persons acting by, through, under or in concert with them, or any of them (the “Company Released Patties”), of and from any manner of action, cause of action, in law or in equity, suit, debt, lien, contract, agreement, promise, liability, claim, demand, damage, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent arising out of or related in any way to his employment with Commercial Capital Bank or the Company or Executive’s acts and omissions as an officer of Commercial Capital Bank or the Company, (hereinafter called “Claims”), which Executive now has or may hereafter have against the Company Released Parties, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to the date the Executive signs this Release. The Executive understands that this release includes, without limitation, all Claims Executive may have: • relating to Executive’s hire, employment, remuneration (including salary, bonus, incentive or other compensation, stock options, vacation, sick leave, health insurance benefits, benefits from any employee stock ownership, stock option plans, profit-sharing and/or deferred compensation plan) or termination of employment by the Company; • or retaliation under any law alleging discrimination (including any Claims under Title VII of the Civil Rights Act of 1964, as amended; the Consolidated Omnibus Budget Reconciliation Act; the Age Discrimination in Employment Act, as amended; the Employee Retirement Income Security Act, as amended; the Americans with Disabilities Act; the Fair Labor Standards Act, as amended the Reconstruction Era Civil Rights Act, as amended; the Rehabilitation Act, as amended; the Family and Medical Leave Act; other applicable state or local employment discrimination statutes; applicable wage and hour statutes; and/or any other local, state or federal law of any type or description regarding employment, including but not limited to any claims arising from or derivative of the Executive’s employment with the Company, as well as any and all claims under state contract or tort law or otherwise); • arising under any contract, express or implied, tortious conduct or arising under federal, state or local law. In giving this release, the Executive forever releases and gives up the Executive’s employment rights and employee status with the Company Released Parties and each of them, except as otherwise provided in the Letter Agreement. (b) The Company, on behalf of itself and each of the Company Released Parties, hereby releases and forever discharges Executive, his past, present and future successors, heirs, assigns, agents, representatives, insurers, and attorneys (the “Executive Released Parties”), of and from any manner of action, cause of action, in law or in equity, suit, debt, lien, contract, agreement, promise, liability, claim, demand, damage, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent arising out of or related in any way to his employment with Commercial Capital Bank or the Company or Executive’s acts and omissions as an officer of Commercial Capital Bank or the Company, (hereinafter called “Claims”), which the Company now has or may hereafter have against the Executive Released Parties, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to the date the Company signs this Release. The Company understands that this release includes, without limitation, all Claims the Company may have:

Mutual General Release. (a) The Executive hereby releases In exchange for the agreement to provide the severance pay and forever discharges other benefits and arrangements provided for in this Agreement, Employee understands that he is waiving any and all claims Employee may have against the Company, Company and its past, present affiliates and future subsidiaries, divisions, affiliates, subsidiaries and its and their respective predecessors, successors and assigns, and each of their past, present and future employees, officers, directors, employees, agents, shareholders, employee benefit programs, administrators, insurers, employee welfare benefit plans, employee pension benefit plans attorneys and deferred compensation plans, successors and their trustees, administrators and other fiduciaries, and all persons acting by, through, under or in concert with them, or any of them assigns (the collectively “Company Released PattiesReleasees”), of and from any manner of actionand all claims, cause of actionactions, in law or in equitysuits, suitdamages, debtcomplaints and grievances the Employee, lienhis attorneys, contractheirs, agreementdependents, promisebeneficiaries, liabilityexecutors, claimadministrators, demandsuccessors, damageand assigns, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent arising out of or may have related in any way to his the Employee’s employment with Commercial Capital Bank or the Company or Executive’s acts and omissions as an officer the termination of Commercial Capital Bank that employment. This includes a release of any rights or claims the Company, (hereinafter called “Claims”)Employee may have under the Age Discrimination in Employment Act, which Executive now has or may hereafter have against the Company Released Parties, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to the date the Executive signs this Release. The Executive understands that this release includes, without limitation, all Claims Executive may have: • relating to Executive’s hire, employment, remuneration (including salary, bonus, incentive or other compensation, stock options, vacation, sick leave, health insurance benefits, benefits from any employee stock ownership, stock option plans, profit-sharing and/or deferred compensation plan) or termination of prohibits discrimination in employment by the Companybased on age; • or retaliation under any law alleging discrimination (including any Claims under Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit discrimination in employment based on race, color, national origin, ancestry, religion or sex; the Consolidated Omnibus Budget Reconciliation Pregnancy Discrimination Act, which prohibits discrimination based on pregnancy; the Age Discrimination in Employment Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Civil Rights Acts of 1866 and 1871, as amended, which protect against certain discrimination and violations of individuals’ civil rights; the Americans with Disabilities Act, which prohibits discrimination on the basis of physical or mental disability; the Employee Retirement Income Security ActAct (ERISA), as amended; the Americans with Disabilities Act; the Fair Labor Standards Act, as amended the Reconstruction Era Civil Rights Act, as amended; the Rehabilitation Act, as amendedwhich regulates certain conduct and practices relating to employee benefit and health plans; the Family and Medical Leave Act, which provides time off to employees for certain family and medical events and prohibits discrimination relating to such leaves of absence; the Immigration Reform and Control Act, which prohibits discrimination based upon an individual’s national origin citizenship status and/or work authorization documents; the New York State Executive Law, the New York City Administrative Code, and the New York State Constitution; or any other applicable federal, state or local laws or regulations prohibiting employment discrimination statutes; applicable wage or regulating employment or termination of employment. This also includes a release by the Employee of any claims for wrongful discharge and hour statutes; and/or any other localcommon law claims. This release applies to all claims through the date of execution of this Agreement and covers both claims that the Employee knows about and those he may not know about but excludes (i) any claim by Employee to enforce the terms of this Agreement; and (ii) any claim to enforce Employee’s indemnification rights; and (iii) any claims related to actions or omissions occurring after the execution of this Agreement. In consideration of Employee’s agreements hereunder, state the Company, on its own behalf and on behalf of its current and former affiliates or federal law related companies, subsidiaries, branches and divisions, and the successors and assigns of all of the foregoing (collectively, the “Company Releasor”) hereby releases Employee and Employee’s heirs, executors, administrators, successors and assigns from or in connection with any and all actions, claims or demands, known or unknown and of any type nature whatsoever and which Company Releasor ever had, now has or description regarding employmenthereafter can, including but not limited to any claims arising from shall or derivative may have as of the Executivedate hereof relating to Employee’s employment with the Company, as well as except that this Release shall not apply to (i) any obligation of Employee pursuant to this Agreement and all claims under state contract or tort law or otherwise); • arising under any contractthe Non-Solicitation, express or impliedConfidentiality and Intellectual Property Agreement dated March 24, tortious conduct or arising under federal, state or local law. In giving this release, the Executive forever releases and gives up the Executive’s employment rights and employee status with the Company Released Parties and each of them, except as otherwise provided in the Letter Agreement. (b) The Company, on behalf of itself and each of the Company Released Parties, hereby releases and forever discharges Executive, his past, present and future successors, heirs, assigns, agents, representatives, insurers, and attorneys 2005 (the “Executive Released PartiesConfidentiality Agreement”), of and from ; (ii) any manner of action, cause of action, in law or in equity, suit, debt, lien, contract, agreement, promise, liability, claim, demand, damage, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent arising out of or related in any way to act by Employee during his employment with Commercial Capital Bank that would constitute fraud or the Company embezzlement; or Executive’s acts and (iii) any actions, claims or demands related to actions or omissions as an officer of Commercial Capital Bank or the Company, (hereinafter called “Claims”), which the Company now has or may hereafter have against the Executive Released Parties, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to occurring after the date the Company signs this Release. The Company understands that this release includes, without limitation, all Claims the Company may have:hereof.

Mutual General Release. (a) The Executive hereby releases In exchange for the agreement to provide the compensation and forever discharges other benefits and arrangements provided for in this Agreement, Employee understands that he is waiving any and all claims Employee may have against the Company, Company and its past, present affiliates and future subsidiaries, divisions, affiliates, subsidiaries and its and their respective predecessors, successors and assigns, and each of their past, present and future employees, officers, directors, employees, agents, shareholders, employee benefit programs, administrators, insurers, employee welfare benefit plans, employee pension benefit plans attorneys and deferred compensation plans, successors and their trustees, administrators and other fiduciaries, and all persons acting by, through, under or in concert with them, or any of them assigns (the collectively “Company Released PattiesReleasees”), of and from any manner of actionand all claims, cause of actionactions, in law or in equitysuits, suitdamages, debtcomplaints and grievances Employee, lienhis attorneys, contractheirs, agreementdependents, promisebeneficiaries, liabilityexecutors, claimadministrators, demandsuccessors, damageand assigns, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent arising out of or may have up to the date hereof related in any way to his Employee’s employment with Commercial Capital Bank or the Company or Executive’s acts and omissions as an officer the cessation of Commercial Capital Bank that employment. This includes a release of any rights or claims Employee may have under the Company, (hereinafter called “Claims”)Age Discrimination in Employment Act, which Executive now has or may hereafter have against the Company Released Parties, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to the date the Executive signs this Release. The Executive understands that this release includes, without limitation, all Claims Executive may have: • relating to Executive’s hire, employment, remuneration (including salary, bonus, incentive or other compensation, stock options, vacation, sick leave, health insurance benefits, benefits from any employee stock ownership, stock option plans, profit-sharing and/or deferred compensation plan) or termination of prohibits discrimination in employment by the Companybased on age; • or retaliation under any law alleging discrimination (including any Claims under Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit discrimination in employment based on race, color, national origin, ancestry, religion or sex; the Consolidated Omnibus Budget Reconciliation Pregnancy Discrimination Act, which prohibits discrimination based on pregnancy; the Age Discrimination in Employment Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Civil Rights Acts of 1866 and 1871, as amended, which protect against certain discrimination and violations of individuals’ civil rights; the Americans with Disabilities Act, which prohibits discrimination on the basis of physical or mental disability; the Employee Retirement Income Security ActAct (ERISA), as amended; the Americans with Disabilities Act; the Fair Labor Standards Act, as amended the Reconstruction Era Civil Rights Act, as amended; the Rehabilitation Act, as amendedwhich regulates certain conduct and practices relating to employee benefit and health plans; the Family and Medical Leave Act, which provides time off to employees for certain family and medical events and prohibits discrimination relating to such leaves of absence; the Immigration Reform and Control Act, which prohibits discrimination based upon an individual’s national origin citizenship status and/or work authorization documents; the New York State Executive Law, the New York City Administrative Code, and the New York State Constitution; or any other applicable federal, state or local laws or regulations prohibiting employment discrimination statutes; applicable wage or regulating employment or termination of employment. This also includes a release by Employee of any claims for wrongful discharge and hour statutes; and/or any other localcommon law claims. This release applies to all claims through the date of execution of this Agreement and covers both claims that Employee knows about and those he may not know about but excludes (i) any claim by Employee to enforce the terms of this Agreement; and (ii) any claim to enforce Employee’s defense and/or indemnification rights; and (iii) any claims related to actions or omissions occurring after the execution of this Agreement. In consideration of Employee’s agreements hereunder, state the Company, on its own behalf and on behalf of its current and former affiliates or federal law related companies, subsidiaries, branches and divisions, and the successors and assigns of all of the foregoing (collectively, the “Company Releasor”) hereby releases Employee and Employee’s heirs, executors, administrators, successors and assigns from or in connection with any and all actions, claims or demands, known or unknown and of any type nature whatsoever and which Company Releasor ever had, now has or description regarding employmenthereafter can, including but not limited to any claims arising from shall or derivative may have as of the Executivedate hereof relating to Employee’s employment with the Company, as well as except that this Release shall not apply to (i) any and all claims under state contract or tort law or otherwise)obligation of Employee pursuant to this Agreement ; • arising under (ii) any contract, express or implied, tortious conduct or arising under federal, state or local law. In giving this release, the Executive forever releases and gives up the Executive’s employment rights and employee status with the Company Released Parties and each of them, except as otherwise provided in the Letter Agreement. (b) The Company, on behalf of itself and each of the Company Released Parties, hereby releases and forever discharges Executive, his past, present and future successors, heirs, assigns, agents, representatives, insurers, and attorneys (the “Executive Released Parties”), of and from any manner of action, cause of action, in law or in equity, suit, debt, lien, contract, agreement, promise, liability, claim, demand, damage, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent arising out of or related in any way to act by Employee during his employment with Commercial Capital Bank that would constitute fraud or the Company embezzlement; or Executive’s acts and (iii) any actions, claims or demands related to actions or omissions as an officer of Commercial Capital Bank or the Company, (hereinafter called “Claims”), which the Company now has or may hereafter have against the Executive Released Parties, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to occurring after the date the Company signs this Release. The Company understands that this release includes, without limitation, all Claims the Company may have:hereof.

Mutual General Release. (a) The Executive hereby releases In exchange for the agreement to provide the severance pay and forever discharges other benefits and arrangements provided for in this Agreement, Employee understands that he is waiving any and all claims Employee may have against the Company, Company and its past, present affiliates and future subsidiaries, divisions, affiliates, subsidiaries and its and their respective predecessors, successors and assigns, and each of their past, present and future employees, officers, directors, employees, agents, shareholders, employee benefit programs, administrators, insurers, employee welfare benefit plans, employee pension benefit plans attorneys and deferred compensation plans, successors and their trustees, administrators and other fiduciaries, and all persons acting by, through, under or in concert with them, or any of them assigns (the collectively “Company Released PattiesReleasees”), of and from any manner of actionand all claims, cause of actionactions, in law or in equitysuits, suitdamages, debtcomplaints and grievances Employee, lienhis attorneys, contractheirs, agreementdependents, promisebeneficiaries, liabilityexecutors, claimadministrators, demandsuccessors, damageand assigns, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent arising out of or may have up to the date hereof related in any way to his Employee’s employment with Commercial Capital Bank or the Company or Executive’s acts and omissions as an officer the termination of Commercial Capital Bank that employment. This includes a release of any rights or claims Employee may have under the Company, (hereinafter called “Claims”)Age Discrimination in Employment Act, which Executive now has or may hereafter have against the Company Released Parties, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to the date the Executive signs this Release. The Executive understands that this release includes, without limitation, all Claims Executive may have: • relating to Executive’s hire, employment, remuneration (including salary, bonus, incentive or other compensation, stock options, vacation, sick leave, health insurance benefits, benefits from any employee stock ownership, stock option plans, profit-sharing and/or deferred compensation plan) or termination of prohibits discrimination in employment by the Companybased on age; • or retaliation under any law alleging discrimination (including any Claims under Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit discrimination in employment based on race, color, national origin, ancestry, religion or sex; the Consolidated Omnibus Budget Reconciliation Pregnancy Discrimination Act, which prohibits discrimination based on pregnancy; the Age Discrimination in Employment Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Civil Rights Acts of 1866 and 1871, as amended, which protect against certain discrimination and violations of individuals’ civil rights; the Americans with Disabilities Act, which prohibits discrimination on the basis of physical or mental disability; the Employee Retirement Income Security ActAct (ERISA), as amended; the Americans with Disabilities Act; the Fair Labor Standards Act, as amended the Reconstruction Era Civil Rights Act, as amended; the Rehabilitation Act, as amendedwhich regulates certain conduct and practices relating to employee benefit and health plans; the Family and Medical Leave Act, which provides time off to employees for certain family and medical events and prohibits discrimination relating to such leaves of absence; the Immigration Reform and Control Act, which prohibits discrimination based upon an individual’s national origin citizenship status and/or work authorization documents; the New York State Executive Law, the New York City Administrative Code, and the New York State Constitution; or any other applicable federal, state or local laws or regulations prohibiting employment discrimination statutes; applicable wage or regulating employment or termination of employment. This also includes a release by Employee of any claims for wrongful discharge and hour statutes; and/or any other localcommon law claims. This release applies to all claims through the date of execution of this Agreement and covers both claims that Employee knows about and those he may not know about but excludes (i) any claim by Employee to enforce the terms of this Agreement; and (ii) any claim to enforce Employee’s defense and/or indemnification rights; and (iii) any claims related to actions or omissions occurring after the execution of this Agreement. In consideration of Employee’s agreements hereunder, state the Company, on its own behalf and on behalf of its current and former affiliates or federal law related companies, subsidiaries, branches and divisions, and the successors and assigns of all of the foregoing (collectively, the “Company Releasor”) hereby releases Employee and Employee’s heirs, executors, administrators, successors and assigns from or in connection with any and all actions, claims or demands, known or unknown and of any type nature whatsoever and which Company Releasor ever had, now has or description regarding employmenthereafter can, including but not limited to any claims arising from shall or derivative may have as of the Executivedate hereof relating to Employee’s employment with the Company, as well as except that this Release shall not apply to (i) any and all claims under state contract or tort law or otherwise)obligation of Employee pursuant to this Agreement ; • arising under (ii) any contract, express or implied, tortious conduct or arising under federal, state or local law. In giving this release, the Executive forever releases and gives up the Executive’s employment rights and employee status with the Company Released Parties and each of them, except as otherwise provided in the Letter Agreement. (b) The Company, on behalf of itself and each of the Company Released Parties, hereby releases and forever discharges Executive, his past, present and future successors, heirs, assigns, agents, representatives, insurers, and attorneys (the “Executive Released Parties”), of and from any manner of action, cause of action, in law or in equity, suit, debt, lien, contract, agreement, promise, liability, claim, demand, damage, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent arising out of or related in any way to act by Employee during his employment with Commercial Capital Bank that would constitute fraud or the Company embezzlement; or Executive’s acts and (iii) any actions, claims or demands related to actions or omissions as an officer of Commercial Capital Bank or the Company, (hereinafter called “Claims”), which the Company now has or may hereafter have against the Executive Released Parties, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to occurring after the date the Company signs this Release. The Company understands that this release includes, without limitation, all Claims the Company may have:hereof.

Mutual General Release. (a) The Executive In exchange for the agreement to provide the severance pay and other benefits and arrangements provided for in this Agreement, Employee, on behalf of himself and his heirs, dependents, beneficiaries, executors, administrators, representatives, successors, and assigns, hereby irrevocably, fully and unconditionally releases and forever discharges the Company, Company and its past, present affiliates and future subsidiaries, divisions, affiliates, subsidiaries and its and their respective predecessors, successors and assigns, and each of their past, present and future employees, officers, directors, employees, agents, shareholders, employee benefit programs, administrators, insurers, employee welfare benefit plans, employee pension benefit plans attorneys and deferred compensation plans, successors and their trustees, administrators and other fiduciaries, and all persons acting by, through, under or in concert with them, or any of them assigns (the collectively “Company Released PattiesReleasees”), of and from any manner and all claims, actions, suits, damages, complaints and grievances the Employee, his attorneys, heirs, dependents, beneficiaries, executors, administrators, successors, and assigns, ever had, now have or hereafter can, shall or may have of actionany nature whatsoever, cause of action, whether in law or in equity, suit, debt, lien, contract, agreement, promise, liability, claim, demand, damage, loss, cost or expense, of any nature whatsoever, whether known or unknown, fixed or contingent arising out of or including any and all claims related in any way to his the Employee’s employment with Commercial Capital Bank or the Company or Executive’s acts and omissions as an officer the termination of Commercial Capital Bank that employment. This includes a release of any rights or claims the Company, (hereinafter called “Claims”)Employee may have under the Age Discrimination in Employment Act, which Executive now has or may hereafter have against the Company Released Parties, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to the date the Executive signs this Release. The Executive understands that this release includes, without limitation, all Claims Executive may have: • relating to Executive’s hire, employment, remuneration (including salary, bonus, incentive or other compensation, stock options, vacation, sick leave, health insurance benefits, benefits from any employee stock ownership, stock option plans, profit-sharing and/or deferred compensation plan) or termination of prohibits discrimination in employment by the Companybased on age; • or retaliation under any law alleging discrimination (including any Claims under Title VII of the Civil Rights Act of 1964, as amended, and the Civil Rights Act of 1991, which prohibit discrimination in employment based on race, color, national origin, ancestry, religion or sex; the Consolidated Omnibus Budget Reconciliation Pregnancy Discrimination Act, which prohibits discrimination based on pregnancy; the Age Discrimination in Employment Equal Pay Act, which prohibits paying men and women unequal pay for equal work; the Civil Rights Acts of 1866 and 1871, as amended, which protect against certain discrimination and violations of individuals’ civil rights; the Americans with Disabilities Act, which prohibits discrimination on the basis of physical or mental disability; the Employee Retirement Income Security ActAct (ERISA), as amended; the Americans with Disabilities Act; the Fair Labor Standards Act, as amended the Reconstruction Era Civil Rights Act, as amended; the Rehabilitation Act, as amendedwhich regulates certain conduct and practices relating to employee benefit and health plans; the Family and Medical Leave Act, which provides time off to employees for certain family and medical events and prohibits discrimination relating to such leaves of absence; the Immigration Reform and Control Act, which prohibits discrimination based upon an individual’s national origin citizenship status and/or work authorization documents; the Older Worker Benefit Protection Act (OWBPA) the New York State Executive Law, the New York City Administrative Code, and the New York State Constitution; or any other applicable federal, state or local laws or regulations prohibiting employment discrimination statutes; applicable wage or regulating employment or termination of employment. This also includes a release by the Employee of any claims for wrongful discharge and hour statutes; and/or any other localcommon law claims. This release applies to all claims through the date of execution of this Agreement and covers both claims that the Employee knows about and those he may not know about but excludes (i) any claim by Employee to enforce the terms of this Agreement; and (ii) any claim to enforce Employee’s indemnification rights; and (iii) any claims related to actions or omissions occurring after the execution of this Agreement. In consideration of Employee’s agreements hereunder, state the Company, on its own behalf and on behalf of its current and former affiliates or federal law related companies, subsidiaries, branches and divisions, and the successors and assigns of all of the foregoing (collectively, the “Company Releasor”) hereby releases Employee and Employee’s heirs, executors, administrators, successors and assigns from or in connection with any and all actions, claims or demands, known or unknown and of any type nature whatsoever and which Company Releasor ever had, now has or description regarding employmenthereafter can, including but not limited to any claims arising from shall or derivative may have as of the Executivedate hereof relating to Employee’s employment with the Company, as well as except that this Release shall not apply to (i) any and all claims under state contract or tort law or otherwise)obligation of Employee pursuant to this Agreement; • arising under (ii) any contract, express or implied, tortious conduct or arising under federal, state or local law. In giving this release, the Executive forever releases and gives up the Executive’s employment rights and employee status with the Company Released Parties and each of them, except as otherwise provided in the Letter Agreement. (b) The Company, on behalf of itself and each of the Company Released Parties, hereby releases and forever discharges Executive, his past, present and future successors, heirs, assigns, agents, representatives, insurers, and attorneys (the “Executive Released Parties”), of and from any manner of action, cause of action, in law or in equity, suit, debt, lien, contract, agreement, promise, liability, claim, demand, damage, loss, cost or expense, of any nature whatsoever, known or unknown, fixed or contingent arising out of or related in any way to act by Employee during his employment with Commercial Capital Bank that would constitute fraud or the Company embezzlement; or Executive’s acts and (iii) any actions, claims or demands related to actions or omissions as an officer of Commercial Capital Bank or the Company, (hereinafter called “Claims”), which the Company now has or may hereafter have against the Executive Released Parties, or any of them, by reason of any matter, cause or thing whatsoever from the beginning of time to occurring after the date the Company signs this Release. The Company understands that this release includes, without limitation, all Claims the Company may have:hereof.