Common use of Mutual General Releases Clause in Contracts

Mutual General Releases. (a) In consideration of the promises made by the Company in this Agreement, Xxxxxxx on behalf of himself and any past, present or future heirs, executors, administrators, or assigns, hereby irrevocably and unconditionally release and hold harmless the Company and its agents, directors, officers, employees, representatives, attorneys and the Company's affiliated companies, divisions, subsidiaries and parents (and the agents, directors, officers, employees, representatives and attorneys of such affiliates), and their predecessors, successors, heirs, executors, administrators and assigns, and all persons acting by, through, under or in concert with any of them (collectively "Company Releases"), or any of them, from any and all actions, causes of action, suits, debts, charges, complaints, claims, demands, losses, liabilities and obligations of any nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, which Xxxxxxx ever had, now has, or he or his heirs, executors, administrators or assigns hereafter may claim to have against each or any of the Company Releasees (hereinafter the "Xxxxxxx Claims"), arising from or relating in any way to his employment relationship with the Company or the termination thereof, whether the Xxxxxxx Claims arise from any alleged violation by the Company of any federal, state or local statutes, ordinances or common law, and whether based on contract, tort, or statute or any other legal or equitable theory of recovery. Such claims include, without limitation, any claims relating to severance, stock options or other benefits, unpaid wages, salary or incentive payment, breach of express or implied contract, wrongful discharge, or employment discrimination under any applicable federal, state or local statute, provision, order or regulation, including but not limited to, and any claim under Title VII, except that this release shall not extend to any claim for indemnity by Xxxxxxx against the Company or any Company Releasee, pursuant to Section 2802 of the California Labor Code, or pursuant to the Company's internal governance documents, including but not limited to its Articles of Incorporation and By-Laws, which provide for indemnity of representatives of the Company in the event of claims by third parties. Xxxxxxx understands the forgoing to be a general release of all Xxxxxxx Claims. Xxxxxxx agrees that the release contained in this Paragraph extends to all claims whatsoever, except those specifically given or described in this Agreement. Xxxxxxx further agrees that neither he nor any person, organization or any other entity acting on his behalf will file, charge, claim, xxx, participate in, join or cause or permit to be filed, charged or claimed, any action, claim, grievance or demand for damages or other relief (including injunctive, declaratory, monetary or other) against the Company, each of the Company's subsidiaries, their respective affiliates and successors and their respective officers, directors, employees, agents and representatives, past, present or future, with respect to the Xxxxxxx Claims which are the subject of this Agreement. Xxxxxxx expressly and knowingly waives any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." For all purposes of this section of this Agreement, the term "creditor" as used and referenced in Section 1542 of the Civil Code of the State of California means and includes Xxxxxxx, his heirs, executors, administrators, or assigns. (b) In consideration of the promises made and release given by the Xxxxxxx in this Agreement, the Company on behalf of itself, its predecessors, successors and assigns, hereby irrevocably and unconditionally releases and holds harmless Xxxxxxx and his heirs, executors, administrators, or assigns, and all persons acting by, through, under or in concert with any of them (collectively "Xxxxxxx Releasees"), or any of them, from any and all actions, causes of action, suits, debts, charges, complaints, claims, demands, losses, liabilities and obligations of any nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, which the Company ever had, now has, or it or its predecessors, successors or assigns hereafter may claim to have against each or any of the Xxxxxxx Releasees (hereinafter the "Company Claims"), arising from or relating in any way to Shalaby's employment relationship with the Company or the termination thereof, whether the Company Claims arise from any alleged violation by Xxxxxxx of any federal, state or local statutes, ordinances or common law, and whether based on contract, tort, or statute or any other legal or equitable theory of recovery. Such claims include, without limitation, any claims relating to the Company's stock, stock options, breach of express or implied contract, breach of any duties owed by an employee or officer to the Company, Shalaby's performance of his job duties or any other obligation owed to the Company by virtue of his employment or ownership of stock or stock options in the Company. The Company understands the forgoing to be a general release of all Company Claims. The Company agrees that the release contained in this Paragraph extends to all claims whatsoever, except those specifically given or described in this Agreement. The Company further agrees that neither it nor any person, organization or any other entity acting on its behalf will file, charge, claim, xxx, participate in, join or cause or permit to be filed, charged or claimed, any action, claim, grievance or demand for damages or other relief (including injunctive, declaratory, monetary or other) against Xxxxxxx, his heirs, executors, administrators or assigns, past, present or future, with respect to the Company Claims which are the subject of this Agreement. The Company expressly and knowingly waives any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." For all purposes of this section of this Agreement, the term "creditor" as used and referenced in Section 1542 of the Civil Code of the State of California means and includes the Company, its predecessors, successors or assigns.

Mutual General Releases. (a) In consideration of the promises made by the The Company in this Agreementagrees, Xxxxxxx on behalf of himself itself and any pastits subsidiaries and related companies, present or future parent companies, successors, and assigns, its and their respective current and former officers, directors, agents, attorneys, insurers, underwriters, employees, stockholders and consultants, fully, forever, irrevocably, and unconditionally to release and discharge Xx. Xxxxxx, his heirs, executors, administrators, or assigns, hereby irrevocably and unconditionally release and hold harmless the Company and its agents, directors, officers, employees, representatives, attorneys and the Company's affiliated companies, divisions, subsidiaries and parents (and the agents, directors, officers, employees, representatives and attorneys of such affiliates), and their predecessorsspouse, successors, heirs, executors, administrators and assigns, and all persons acting by, through, under or in concert with any of them (collectively "Company Releases"), or any of them, assigns from any and all actionsclaims, debts, promises, agreements, demands, causes of action, suits, debts, charges, complaints, claims, demandsattorneys’ fees, losses, liabilities and obligations expenses of any every nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, which Xxxxxxx ever hadfiled or unfiled, now hasarising prior to the Effective Date of Execution (as that term is defined in Section 22, below) of this Agreement, or he arising out of or his heirs, executors, administrators or assigns hereafter may claim to have against each or any of the Company Releasees (hereinafter the "Xxxxxxx Claims"), arising from or relating in any way to connection with his employment relationship by and cessation of same with the Company or any affiliate thereof and his service as a member of the termination thereof, whether the Xxxxxxx Claims arise from any alleged violation by Board of Directors of the Company of any federal, state or local statutes, ordinances or common law, and whether based on contract, tort, or statute or any other legal or equitable theory of recoveryaffiliate thereof. Such claims includeThis release includes, without limitation, any claims relating to severance, stock options or other benefits, unpaid wages, salary or incentive payment, breach of express or implied contract, wrongful discharge, or employment discrimination under any applicable federal, state or local statute, provision, order or regulation, including but is not limited to, all claims, liabilities, obligations, promises, agreements, contracts, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses of the Company and any claim under Title VII, except that of the other persons or entities released in this release shall not extend to paragraph or any claim for indemnity by Xxxxxxx against claims arising directly or indirectly from his employment as an officer of the Company or service as a member of its Board of Directors, including claims or demands related to any Company Releaseefederal, pursuant to Section 2802 of the California Labor Codestate, or pursuant to the Company's internal governance documents, including but not limited to its Articles of Incorporation and By-Laws, which provide for indemnity of representatives of the Company in the event of claims by third parties. Xxxxxxx understands the forgoing to be a general release of all Xxxxxxx Claims. Xxxxxxx agrees that the release contained in this Paragraph extends to all claims whatsoever, except those specifically given or described in this Agreement. Xxxxxxx further agrees that neither he nor any person, organization or any other entity acting on his behalf will file, charge, claim, xxx, participate in, join local law or cause or permit to be filedof action. (b) Xx. Xxxxxx agrees, charged or claimed, any action, claim, grievance or demand for damages or other relief (including injunctive, declaratory, monetary or other) against the Company, each on behalf of the Company's subsidiaries, their respective affiliates and successors and their respective officers, directors, employees, agents and representatives, past, present or future, with respect to the Xxxxxxx Claims which are the subject of this Agreement. Xxxxxxx expressly and knowingly waives any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." For all purposes of this section of this Agreement, the term "creditor" as used and referenced in Section 1542 of the Civil Code of the State of California means and includes Xxxxxxxhimself, his heirs, executors, administrators, or assigns. (b) In consideration of the promises made and release given by the Xxxxxxx in this Agreementspouse, the Company on behalf of itselfsuccessors, its predecessors, successors and assigns, hereby irrevocably fully, forever, irrevocably, and unconditionally releases to release and holds harmless Xxxxxxx discharge the Company, its subsidiaries and his heirsrelated companies, executorsparent companies, administratorssuccessors, or and assigns, its and all persons acting bytheir respective current and former officers, throughdirectors, under or in concert with any of them (collectively "Xxxxxxx Releasees")agents, or any of themattorneys, insurers, underwriters, employees, and consultants from any and all actionsclaims, debts, promises, agreements, demands, causes of action, suits, debts, charges, complaints, claims, demandsattorneys’ fees, losses, liabilities and obligations expenses of any every nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, which filed or unfiled, arising prior to the Company ever had, now hasEffective Date of Execution of this Agreement, or it arising out of or its predecessors, successors or assigns hereafter may claim to have against each or any in connection with his employment by and cessation of the Xxxxxxx Releasees (hereinafter the "Company Claims"), arising from or relating in any way to Shalaby's employment relationship same with the Company or any affiliate thereof and his service as a member of the termination thereof, whether Board of Directors of the Company Claims arise or any affiliate thereof. This release includes, but is not limited to, all claims, liabilities, obligations, promises, agreements, contracts, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses of Xx. Xxxxxx or any claims arising directly or indirectly from any alleged violation by Xxxxxxx his employment with the Company or service as a member of its Board of Directors, including claims or demands related to any federal, state state, or local statuteslaw or cause of action, ordinances or common lawincluding, and whether based on contractbut not limited to, tortretaliation, or statute or any other legal or equitable theory of recovery. Such claims include, without limitation, any claims relating to the Company's stock, stock optionsnegligence, breach of express or implied contract, breach of the implied covenant of good faith and fair dealing, intentional or negligent infliction of emotional distress, fraud, wrongful discharge, violation of public policy or statute, defamation, assault, impairment of economic opportunity; breach of any duties owed by an employee implied or officer express contract between the Company and Xx. Xxxxxx; violation of the Age Discrimination in Employment Act, California Fair Employment and Housing Act, Business & Professions Code Section 17200, the California Labor Code, the California Constitution; and any claims for violation of the Civil Rights Act of 1866, Title VII of the Civil Rights Act of 1964, the Family Medical Leave Act, Employee Retirement Income Security Act, the Equal Pay Act, the Rehabilitation Act of 1974, the California Family Rights Act (CFRA), and the Americans With Disabilities Act of 1990 and a release of any claims to vacation or sick pay. This release does not include the payments, benefits and obligations of each party provided for in this Agreement, Xx. Xxxxxx’x right, if any, to indemnification arising out of his employment with the Company, Shalaby's performance of his job duties any vested right to payments or vested right under any other obligation owed to the Company by virtue of his employee benefits plan accrued during Xx. Xxxxxx’x employment or ownership of stock or stock options in with the Company, and Xx. The Company understands the forgoing to be a general release of all Company Claims. The Company agrees that the release contained in this Paragraph extends to all claims whatsoever, except those specifically given or described Xxxxxx’x stock option rights as provided in this Agreement. The Company further agrees that neither it nor any personFor the purposes of the releases set forth herein, organization or any other entity acting on its behalf will filethe term, charge“Company” shall also include the Company’s officers, claimdirectors, xxxagents, participate in, join or cause or permit to be filed, charged or claimed, any action, claim, grievance or demand for damages or other relief (including injunctive, declaratory, monetary or other) against Xxxxxxx, his heirs, executors, administrators or assigns, past, present or future, with respect employees and the Company’s stockholders if and only to the Company Claims which are extent permitted by the subject of this Agreement. The Company expressly and knowingly waives any and all rights under Section 1542 of Delaware General Corporation Law,as in effect on the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." For all purposes of this section date of this Agreement, assuming the term "creditor" Company has not taken any independent action to include its stockholders as used and referenced in Section 1542 of the Civil Code of the State of California means and includes the Company, its predecessors, successors releasees or assignsreleasing persons or entities.

Mutual General Releases. (a) In consideration of the promises made by the Company covenants contained in this Agreement, Xxxxxxx and other than with respect to the rights and obligations created by this Agreement, the Parties shall and hereby do release each other as follows: 6.1 Xxxxxxx, on behalf of himself and any pastand all of his agents, present or future heirsattorneys, executors, administrators, or successors and assigns, hereby irrevocably discharges and unconditionally release releases Aethlon, and hold harmless the Company any and all of its past and present employees, agents, attorneys, partners, officers, directors, officersboard members, employeesusers, representatives, attorneys and the Company's affiliated companies, divisions, subsidiaries and parents (and the agents, directors, officers, employees, representatives and attorneys of such affiliates), and their predecessors, successors, heirs, executors, administrators successors and assigns, of and all persons acting by, through, under or in concert with any of them (collectively "Company Releases"), or any of them, from any and all rights, claims, damages, debts, actions, causes of action, suits, debtsaccounts, chargescovenants, complaintscontracts, claimspromises, agreements, subrogations, duties, demands, lossescontroversies or liabilities whatsoever of every kind and nature, liabilities and obligations of any nature whatsoever, in at law or in equity, known or unknown, suspected matured or unsuspectedunmatured, foreseeable or unforeseeable (collectively “Claims”), which Xxxxxxx now has, ever had, now hasor may have in the future against Aethlon by reason of any liability, act, omission, matter, thing or he or his heirscircumstance whatsoever occurring at any time prior to signing this Agreement, executorsincluding, administrators or assigns hereafter may claim to have against each or any of the Company Releasees (hereinafter the "Xxxxxxx Claims")without limitation, arising from or all matters relating in any way to his employment relationship with the Company or the termination thereof, whether the Xxxxxxx Claims arise from any alleged violation by the Company of any federal, state or local statutes, ordinances or common law, and whether based on contract, tort, or statute or any other legal or equitable theory of recovery. Such claims include, without limitation, any claims relating to severance, stock options or other benefits, unpaid wages, salary or incentive payment, breach of express or implied contract, wrongful discharge, or employment discrimination under any applicable federal, state or local statute, provision, order or regulationLawsuit, including but not limited to, in the Complaint and any claim under Title VIIpending pleadings (the “Xxxxxxx Released Matters”). 6.2 Aethlon, except that this release shall not extend to on behalf of itself and any claim for indemnity by Xxxxxxx against the Company or any Company Releaseeand all past and present employees, pursuant to Section 2802 of the California Labor Codeagents, or pursuant to the Company's internal governance documentsattorneys, including but not limited to its Articles of Incorporation and By-Lawspartners, which provide for indemnity of representatives of the Company in the event of claims by third parties. Xxxxxxx understands the forgoing to be a general release of all Xxxxxxx Claims. Xxxxxxx agrees that the release contained in this Paragraph extends to all claims whatsoever, except those specifically given or described in this Agreement. Xxxxxxx further agrees that neither he nor any person, organization or any other entity acting on his behalf will file, charge, claim, xxx, participate in, join or cause or permit to be filed, charged or claimed, any action, claim, grievance or demand for damages or other relief (including injunctive, declaratory, monetary or other) against the Company, each of the Company's subsidiaries, their respective affiliates and successors and their respective officers, directors, employeesboard members, agents and representativesusers, past, present or future, with respect to the Xxxxxxx Claims which are the subject of this Agreement. Xxxxxxx expressly and knowingly waives any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." For all purposes of this section of this Agreement, the term "creditor" as used and referenced in Section 1542 of the Civil Code of the State of California means and includes Xxxxxxx, his heirs, executors, administrators, or assigns. (b) In consideration of the promises made and release given by the Xxxxxxx in this Agreement, the Company on behalf of itself, its predecessors, successors and assigns, hereby irrevocably discharges and unconditionally releases Xxxxxxx, and holds harmless Xxxxxxx any and all of his heirsagents, executorsattorneys, administrators, or successors and assigns, of and all persons acting by, through, under or in concert with any of them (collectively "Xxxxxxx Releasees"), or any of them, from any and all rights, claims, damages, debts, actions, causes of action, suits, debtsaccounts, chargescovenants, complaintscontracts, claimspromises, agreements, subrogations, duties, demands, lossescontroversies or liabilities whatsoever of every kind and nature, liabilities and obligations of any nature whatsoever, in at law or in equity, known or unknown, suspected matured or unsuspectedunmatured, foreseeable or unforeseeable (collectively “Claims”), which the Company Aethlon now has, ever had, now hasor may have in the future against Xxxxxxx by reason of any liability, act, omission, matter, thing or it or its predecessorscircumstance whatsoever occurring at any time prior to signing this Agreement, successors or assigns hereafter may claim to have against each or any of the Xxxxxxx Releasees (hereinafter the "Company Claims")including, arising from or without limitation, all matters relating in any way to Shalaby's employment relationship with the Company or the termination thereofLawsuit, whether the Company Claims arise from any alleged violation by Xxxxxxx of any federal, state or local statutes, ordinances or common law, and whether based on contract, tort, or statute or any other legal or equitable theory of recovery. Such claims include, without limitation, any claims relating to the Company's stock, stock options, breach of express or implied contract, breach of any duties owed by an employee or officer to the Company, Shalaby's performance of his job duties or any other obligation owed to the Company by virtue of his employment or ownership of stock or stock options including in the Company. The Company understands Complaint and any pending pleadings (the forgoing to be a general release of all Company Claims. The Company agrees that the release contained in this Paragraph extends to all claims whatsoever, except those specifically given or described in this Agreement. The Company further agrees that neither it nor any person, organization or any other entity acting on its behalf will file, charge, claim, xxx, participate in, join or cause or permit to be filed, charged or claimed, any action, claim, grievance or demand for damages or other relief (including injunctive, declaratory, monetary or other) against Xxxxxxx, his heirs, executors, administrators or assigns, past, present or future, with respect to the Company Claims which are the subject of this Agreement. The Company expressly and knowingly waives any and all rights under Section 1542 of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor“Aethlon Released Matters”)." For all purposes of this section of this Agreement, the term "creditor" as used and referenced in Section 1542 of the Civil Code of the State of California means and includes the Company, its predecessors, successors or assigns.

Mutual General Releases. (a) In consideration of Except for the promises promises, warranties, representations or obligations made by the Company or expressly undertaken or reaffirmed in this Agreement, Xxxxxxx upon the Parties to this Agreement executing this Agreement, the Parties to this Agreement on behalf of himself and any past, present or future heirs, executors, administrators, or assigns, hereby irrevocably and unconditionally release and hold harmless the Company and its agents, directors, officers, employees, representatives, attorneys and the Company's affiliated companies, divisions, subsidiaries and parents (and the agents, directors, officers, employees, representatives and attorneys of such affiliates)themselves, and on behalf of their own predecessors, successors, heirsand assigns hereby release and discharge the other Party hereto and that Party’s predecessors, executorssuccessors, administrators and assigns, current and all persons acting byformer officers, throughdirectors, under or in concert with any of them (collectively "Company Releases")agents, or any of thememployees, shareholders, partners, joint venturers, insurers, and attorneys from any and all actions, causes of actionclaims, suits, debts, charges, complaints, claims, demands, lossesobligations, liabilities liabilities, attorneys fees, costs, and obligations causes of action of any nature kind whatsoever, in law or equity, whether known or unknown, suspected or unsuspected, claimed or unclaimed, asserted or unasserted or which Xxxxxxx ever hadcould have been claimed or asserted by either Party as of the Effective Date, now hasirrespective of the theory of recovery that could be asserted. This release applies to all claims in contract, tort, or he otherwise, and under any statute or his heirscommon law, executorsin law or in equity, administrators based on any act from the beginning of time until the Effective Date hereof. CXXXX expressly acknowledges that this release applies to, without limitation: a. any and all claims relating to or assigns hereafter may claim to have against each or any of the Company Releasees (hereinafter the "Xxxxxxx Claims"), arising from or relating in any way to his employment relationship (including but not limited to claims for wages with the Company or ABI and the termination thereofof that relationship; b. any and all claims relating to, whether or arising from, his right to receive, purchase, or actual purchase of shares of stock of the Xxxxxxx Claims arise from ABI, including, without limitation, any alleged claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law; ABI – BXXXXXX XXXXX Settlement Agreement and Mutual General Release Effective January 1 2021 Initials: EMPLOYER _________; EMPLOYEE __________ c. any and all claims for wrongful discharge of employment; termination in violation by the Company of public policy; discrimination; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; and conversion; d. any and all claims for violation of any federal, state or local statutes, ordinances or common law, and whether based on contract, tort, or statute or any other legal or equitable theory of recovery. Such claims include, without limitation, any claims relating to severance, stock options or other benefits, unpaid wages, salary or incentive payment, breach of express or implied contract, wrongful discharge, or employment discrimination under any applicable federal, state or local municipal statute, provisionincluding, order or regulation, including but not limited to, and any claim under Title VII, except that this release shall not extend to any claim for indemnity by Xxxxxxx against the Company or any Company Releasee, pursuant to Section 2802 VII of the California Civil Rights Act of 1964, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor CodeStandards Act, or pursuant to the Company's internal governance documentsEmployee Retirement Income Security Act of 1974, including The Worker Adjustment and Retraining Notification Act, Older Workers Benefit Protection Act; and Texas labor laws including, but not limited to, the Texas Payday Act, Texas Minimum Wage Law, Texas statutes pertaining to its Articles of Incorporation employment discrimination, fair employment, and By-Laws, which provide for indemnity of representatives of the Company in the event of claims by third parties. Xxxxxxx understands the forgoing to be a general release of all Xxxxxxx Claims. Xxxxxxx agrees that the release contained in this Paragraph extends to all claims whatsoever, except those specifically given or described in this Agreement. Xxxxxxx further agrees that neither he nor any person, organization or any other entity acting on his behalf will file, charge, claim, xxx, participate in, join or cause or permit to be filed, charged or claimed, any action, claim, grievance or demand for damages or other relief (including injunctive, declaratory, monetary or other) against the Company, each of the Company's subsidiaries, their respective affiliates and successors and their respective officers, directors, employees, agents and representatives, past, present or future, with respect to the Xxxxxxx Claims which are the subject of this Agreement. Xxxxxxx expressly and knowingly waives workers compensation. e. any and all rights under Section 1542 claims for violation of the Civil Code of the State of California, which provides as follows: "A general release does not extend to claims which creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." For all purposes of this section of this Agreement, the term "creditor" as used and referenced in Section 1542 of the Civil Code of the State of California means and includes Xxxxxxx, his heirs, executors, administrators, or assigns. (b) In consideration of the promises made and release given by the Xxxxxxx in this Agreement, the Company on behalf of itself, its predecessors, successors and assigns, hereby irrevocably and unconditionally releases and holds harmless Xxxxxxx and his heirs, executors, administrators, or assigns, and all persons acting by, through, under or in concert with any of them (collectively "Xxxxxxx Releasees")federal, or any of themstate, from constitution; and f. any and all actions, causes of action, suits, debts, charges, complaints, claims, demands, losses, liabilities and obligations claims arising out of any nature whatsoever, in law or equity, known or unknown, suspected or unsuspected, which the Company ever had, now has, or it or its predecessors, successors or assigns hereafter may claim to have against each or any of the Xxxxxxx Releasees (hereinafter the "Company Claims"), arising from or relating in any way to Shalaby's employment relationship with the Company or the termination thereof, whether the Company Claims arise from any alleged violation by Xxxxxxx of any federal, state or local statutes, ordinances or common law, other laws and whether based on contract, tort, or statute or any other legal or equitable theory of recovery. Such claims include, without limitation, any claims regulations relating to the Company's stock, stock options, breach of express or implied contract, breach of any duties owed by an employee or officer to the Company, Shalaby's performance of his job duties or any other obligation owed to the Company by virtue of his employment or ownership of stock or stock options in the Companyemployment discrimination. The Company understands the forgoing to be a general release of all Company Claims. The Company agrees that the release contained in this Paragraph extends to all claims whatsoever, except those specifically given or described in this Agreement. The Company further agrees that neither it nor any person, organization or any other entity acting on its behalf will file, charge, claim, xxx, participate in, join or cause or permit to be filed, charged or claimed, any action, claim, grievance or demand for damages or other relief (including injunctive, declaratory, monetary or other) against Xxxxxxx, his heirs, executors, administrators or assigns, past, present or future, with respect to the Company Claims which are the subject of this Agreement. The Company expressly ABI – BXXXXXX XXXXX Settlement Agreement and knowingly waives any and all rights under Section 1542 of the Civil Code of the State of California, which provides as followsMutual General Release Effective January 1 2021 Initials: "A general release does not extend to claims which creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." For all purposes of this section of this Agreement, the term "creditor" as used and referenced in Section 1542 of the Civil Code of the State of California means and includes the Company, its predecessors, successors or assigns.EMPLOYER _________; EMPLOYEE __________