Common use of Mutual Release and Waiver of Claims Clause in Contracts

Mutual Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Employment Agreement dated December 29, 2005 (the “Agreement”), to which this form shall be deemed to be attached, Biolase Technology, Inc. (the “Company”) and Xxxxxxx X. Xxxxx (“Executive”) hereby agree to the following mutual release and waiver of claims (“Release and Waiver”). In exchange for the consideration provided to Executive by the Agreement that Executive is not otherwise entitled to receive, Executive hereby generally and completely releases the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under Title VII of the 1964 Civil Rights Act, as amended, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, as amended, the provisions of the California Labor Code, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Xxxxxxxx-Xxxxx Act of 2002, and any other state, federal, or local laws and regulations relating to employment and/or employment discrimination. The only exceptions are claims Executive may have for unemployment compensation and worker’s compensation, Base Salary (through the date of termination), prorated incentive pay to the extent that the bonus criteria has been satisfactorily achieved as specified in Paragraph 4 of the Agreement, outstanding business expenses, and unused vacation earned through the date of termination of Executive. In consideration of Executive’s release of claims as set forth above, the Company, on behalf of itself and each of its respective officers, directors, shareholders, employees, attorneys, partners, associates, agents, representatives, predecessors, successors, assigns, and anyone who could claim by or through them, past, present and future, hereby unconditionally and irrevocably releases and forever discharge Executive, his representatives, predecessors, successors, assigns, spouses, heirs, executors and trustees, past, present and future, from any and all claims, demands, causes of action, damages and expenses, whether known or unknown, suspected or unsuspected, with respect to (1) all claims arising out of or in any way related to Executive’s employment with the Company or the termination of that employment; and (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company. By this release of claims, the Company is not releasing Executive from his continuing obligations under the Proprietary Information and Inventions Agreement dated December 29, 2005 (the “Proprietary Information Agreement”) and the non-solicitation provisions set forth in Paragraph 9 of the Agreement. Both Executive and the Company expressly waive and relinquish any and all rights and benefits they now have or may have in the future under the terms of Section 1542 of the Civil Code of the State of California, which sections reads in full as follows:

Mutual Release and Waiver of Claims. In consideration (a) Except as provided in Section 1(b), Xxxxxxxxxxx, for himself and on behalf of the payments his spouse, dependents, heirs, executors, administrators, legal representatives, successors, and other benefits set forth assigns (collectively referred to in the Employment Agreement dated December 29, 2005 (the this Release as “AgreementXxxxxxxxxxx”), to which this form shall be deemed to be attachedhereby unconditionally and forever releases, Biolase Technologydischarges, Inc. (and waives any and all claims of any nature whatsoever, whether legal, equitable or otherwise, known or unknown, that Xxxxxxxxxxx may have against the “Company”) , its subsidiaries and Xxxxxxx X. Xxxxx (“Executive”) hereby agree to the following mutual release affiliates, and waiver of claims (“Release and Waiver”). In exchange for the consideration provided to Executive by the Agreement that Executive is not otherwise entitled to receive, Executive hereby generally and completely releases the Company and its directorstheir employees, officers, employeesdirectors, shareholders, partnersinsurers, representatives, agents, successors, assigns, and third party administrators, including but not limited to TriNet HR Corporation and their affiliates, officers, agents, administrators, servants, employees, attorneys, predecessors, successors, parent parent, subsidiaries, assigns and subsidiary entities, insurers, affiliates, and assigns from any and all claimsarising prior to the date he signs this Agreement, liabilities and obligationsincluding but not limited to claims relating to his hiring, both known and unknowncompensation, that arise out of or are in any way related to eventsbenefits, acts, conductassignments, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stocktermination, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under any state or federal equal employment law such as Title VII of the 1964 Civil Rights ActAct of 1964, as amended, ; the Civil Rights Act of 1991; the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Equal Pay Act of 19631967, as amended, amended (as further described in Section 2 below); the provisions of the California Labor CodeOlder Workers Benefit Protection Act, the Americans with Disabilities Act, the Fair Labor Standards Act, ; claims under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), amended; the Xxxxxxxx-Xxxxx Act of 2002, California Fair Employment and Housing Act; or any other state, federal, state or local laws or regulations regarding employment discrimination or termination of employment. This Release also includes claims for wrongful discharge; fraud or fraudulent inducement; breach of contract, both express and regulations relating implied; breach of the 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; and defamation under any statute, rule, regulation or under the common law. (b) Notwithstanding the foregoing, Xxxxxxxxxxx does not release, discharge or waive: (i) any rights to employment and/or employment discrimination. The only exceptions are claims Executive receive any benefits provided under the provisions of any Company-maintained qualified retirement plan in which Xxxxxxxxxxx participates, (ii) any conversion or COBRA rights under a Company-sponsored group term life insurance plan in which Xxxxxxxxxxx participates, (iii) Xxxxxxxxxxx’x right to indemnification from the Company to the fullest extent permitted under Delaware General Corporation Law, (iv) Xxxxxxxxxxx’x right to enforce the terms of the Separation and Consulting Agreement and this Release; and (v) any future rights Xxxxxxxxxxx may have as a stockholder. (c) The Company, for unemployment compensation itself and worker’s compensation, Base Salary (through the date of termination), prorated incentive pay to the extent that the bonus criteria has been satisfactorily achieved as specified in Paragraph 4 of the Agreement, outstanding business expensesits subsidiaries and affiliates, and unused vacation earned through the date of termination of Executive. In consideration of Executive’s release of claims as set forth above, the Company, on behalf of itself and each of its their respective officers, directors, shareholders, employees, attorneys, partners, associates, agents, representatives, predecessors, successors, assigns, and anyone who could claim by or through them, past, present and future, assigns (collectively referred to in this Release as “Company”) hereby unconditionally and irrevocably releases forever releases, discharges, and forever discharge Executive, his representatives, predecessors, successors, assigns, spouses, heirs, executors and trustees, past, present and future, from waives any and all claims, demands, causes claims of action, damages and expensesany nature whatsoever, whether legal, equitable or otherwise, known or unknown, suspected that the Company may have against Xxxxxxxxxxx or unsuspectedhis spouse, with respect dependents, heirs, executors, administrators, legal representatives, successors, and assigns, including but not limited to (1) all claims arising out of or in any way related relating to Executive’s Xxxxxxxxxxx’x employment with the Company or arising under state or federal law, arising prior to the termination of that employment; and (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company. By this release of claims, date the Company is not releasing Executive from his continuing obligations under the Proprietary Information and Inventions Agreement dated December 29, 2005 (the “Proprietary Information signs this Agreement”) and the non-solicitation provisions set forth in Paragraph 9 of the Agreement. Both Executive and the Company expressly waive and relinquish any and all rights and benefits they now have or may have in the future under the terms of Section 1542 of the Civil Code of the State of California, which sections reads in full as follows:.

Mutual Release and Waiver of Claims. In consideration (a) Except as provided in Section 1(b), Alexander, for himself and on behalf of the payments his spouse, dependents, heirs, executors, administrators, legal representatives, successors, and other benefits set forth assigns (collectively referred to in the Employment Agreement dated December 29, 2005 (the this Release as “AgreementAlexander”), to which this form shall be deemed to be attachedhereby unconditionally and forever releases, Biolase Technologydischarges, Inc. (and waives any and all claims of any nature whatsoever, whether legal, equitable or otherwise, known or unknown, that Alexander may have against the “Company”) , its subsidiaries and Xxxxxxx X. Xxxxx (“Executive”) hereby agree to the following mutual release affiliates, and waiver of claims (“Release and Waiver”). In exchange for the consideration provided to Executive by the Agreement that Executive is not otherwise entitled to receive, Executive hereby generally and completely releases the Company and its directorstheir employees, officers, employeesdirectors, shareholders, partnersinsurers, representatives, agents, attorneys, predecessors, successors, parent and subsidiary entitiesassigns, insurersincluding but not limited to claims relating to his hiring, affiliatescompensation, and assigns from any and all claimsbenefits, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conductassignments, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stocktermination, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under any state or federal equal employment law such as Title VII of the 1964 Civil Rights ActAct of 1964, as amended, ; the Civil Rights Act of 1991; the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Equal Pay Act of 19631967, as amended, amended (as further described in Section 2 below); the provisions of the California Labor CodeOlder Workers Benefit Protection Act, the Americans with Disabilities Act, the Fair Labor Standards Act, ; claims under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), amended; the Xxxxxxxx-Xxxxx Act of 2002, California Fair Employment and Housing Act; or any other state, federal, state or local laws or regulations regarding employment discrimination or termination of employment. This Release also includes claims for wrongful discharge; fraud or fraudulent inducement; breach of contract, both express and regulations relating implied; breach of the 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; and defamation under any statute, rule, regulation or under the common law. (b) Notwithstanding the foregoing, Alexander does not release, discharge or waive: (i) any rights to employment and/or employment discrimination. The only exceptions are claims Executive receive any benefits provided under the provisions of any Company-maintained qualified retirement plan in which Alexander participates, (ii) any conversion or COBRA rights under a Company-sponsored group term life insurance plan in which Alexander participates, (iii) Alexander’s right to indemnification from the Company to the fullest extent permitted under Delaware General Corporation Law, (iv) Alexander’s right to enforce the terms of the Separation and Consulting Agreement and this Release; and (v) any future rights Alexander may have as a stockholder. (c) The Company, for unemployment compensation itself and worker’s compensation, Base Salary (through the date of termination), prorated incentive pay to the extent that the bonus criteria has been satisfactorily achieved as specified in Paragraph 4 of the Agreement, outstanding business expensesits subsidiaries and affiliates, and unused vacation earned through the date of termination of Executive. In consideration of Executive’s release of claims as set forth above, the Company, on behalf of itself and each of its their respective officers, directors, shareholders, employees, attorneys, partners, associates, agents, representatives, predecessors, successors, assigns, and anyone who could claim by or through them, past, present and future, assigns (collectively referred to in this Release as “Company”) hereby unconditionally and irrevocably releases forever releases, discharges, and forever discharge Executive, his representatives, predecessors, successors, assigns, spouses, heirs, executors and trustees, past, present and future, from waives any and all claims, demands, causes claims of action, damages and expensesany nature whatsoever, whether legal, equitable or otherwise, known or unknown, suspected that the Company may have against Alexander or unsuspectedhis spouse, with respect dependents, heirs, executors, administrators, legal representatives, successors, and assigns, including but not limited to (1) all claims arising out of or in any way related relating to ExecutiveAlexander’s employment with the Company or the termination of that employment; and (2) all claims related to Executive’s compensation arising under state or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company. By this release of claims, the Company is not releasing Executive from his continuing obligations under the Proprietary Information and Inventions Agreement dated December 29, 2005 (the “Proprietary Information Agreement”) and the non-solicitation provisions set forth in Paragraph 9 of the Agreement. Both Executive and the Company expressly waive and relinquish any and all rights and benefits they now have or may have in the future under the terms of Section 1542 of the Civil Code of the State of California, which sections reads in full as follows:federal law.

Mutual Release and Waiver of Claims. In consideration (a) Except as provided in Section 1(b), Xxxxxxx, for himself and on behalf of the payments his spouse, dependents, heirs, executors, administrators, legal representatives, successors, and other benefits set forth assigns (collectively referred to in the Employment Agreement dated December 29, 2005 (the this Release as “AgreementXxxxxxx”), to which this form shall be deemed to be attachedhereby unconditionally and forever releases, Biolase Technologydischarges, Inc. (and waives any and all claims of any nature whatsoever, whether legal, equitable or otherwise, known or unknown, that Xxxxxxx may have against the “Company”) , its subsidiaries and Xxxxxxx X. Xxxxx (“Executive”) hereby agree to the following mutual release affiliates, and waiver of claims (“Release and Waiver”). In exchange for the consideration provided to Executive by the Agreement that Executive is not otherwise entitled to receive, Executive hereby generally and completely releases the Company and its directorstheir employees, officers, employeesdirectors, shareholders, partnersinsurers, representatives, agents, attorneys, predecessors, successors, parent and subsidiary entitiesassigns, insurersincluding but not limited to claims relating to his hiring, affiliatescompensation, and assigns from any and all claimsbenefits, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conductassignments, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stocktermination, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under any state or federal equal employment law such as Title VII of the 1964 Civil Rights ActAct of 1964, as amended, ; the Civil Rights Act of 1991; the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Equal Pay Act of 19631967, as amended, amended (as further described in Section 2 below); the provisions of the California Labor CodeOlder Workers Benefit Protection Act, the Americans with Disabilities Act, the Fair Labor Standards Act, ; claims under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), amended; the Xxxxxxxx-Xxxxx Act of 2002, California Fair Employment and Housing Act; or any other state, federal, state or local laws or regulations regarding employment discrimination or termination of employment. This Release also includes claims for wrongful discharge; fraud or fraudulent inducement; breach of contract, both express and regulations relating implied; breach of the 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; and defamation under any statute, rule, regulation or under the common law. (b) Notwithstanding the foregoing, Xxxxxxx does not release, discharge or waive: (i) any rights to employment and/or employment discrimination. The only exceptions are claims Executive receive any benefits provided under the provisions of any Company-maintained qualified retirement plan in which Xxxxxxx participates, (ii) any conversion or COBRA rights under a Company-sponsored group term life insurance plan in which Xxxxxxx participates, (iii) Xxxxxxx’x right to indemnification from the Company to the fullest extent permitted under Delaware General Corporation Law, (iv) Xxxxxxx’x right to enforce the terms of the Separation and Consulting Agreement and this Release; and (v) any future rights Xxxxxxx may have as a stockholder. (c) The Company, for unemployment compensation itself and worker’s compensation, Base Salary (through the date of termination), prorated incentive pay to the extent that the bonus criteria has been satisfactorily achieved as specified in Paragraph 4 of the Agreement, outstanding business expensesits subsidiaries and affiliates, and unused vacation earned through the date of termination of Executive. In consideration of Executive’s release of claims as set forth above, the Company, on behalf of itself and each of its their respective officers, directors, shareholders, employees, attorneys, partners, associates, agents, representatives, predecessors, successors, assigns, and anyone who could claim by or through them, past, present and future, assigns (collectively referred to in this Release as “Company”) hereby unconditionally and irrevocably releases forever releases, discharges, and forever discharge Executive, his representatives, predecessors, successors, assigns, spouses, heirs, executors and trustees, past, present and future, from waives any and all claims, demands, causes claims of action, damages and expensesany nature whatsoever, whether legal, equitable or otherwise, known or unknown, suspected that the Company may have against Xxxxxxx or unsuspectedhis spouse, with respect dependents, heirs, executors, administrators, legal representatives, successors, and assigns, including but not limited to (1) all claims arising out of or in any way related relating to Executive’s Xxxxxxx’x employment with the Company or the termination of that employment; and (2) all claims related to Executive’s compensation arising under state or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company. By this release of claims, the Company is not releasing Executive from his continuing obligations under the Proprietary Information and Inventions Agreement dated December 29, 2005 (the “Proprietary Information Agreement”) and the non-solicitation provisions set forth in Paragraph 9 of the Agreement. Both Executive and the Company expressly waive and relinquish any and all rights and benefits they now have or may have in the future under the terms of Section 1542 of the Civil Code of the State of California, which sections reads in full as follows:federal law.

Mutual Release and Waiver of Claims. In consideration of (a) Except for the payments obligations undertaken by the Company and other benefits set forth in SuperStock under this Agreement, the Employment Agreement dated December 29, 2005 (to the “extent provided for or incorporated in this Agreement”), the Executive’s entitlement, if any, to which this form shall be deemed to be attached, Biolase Technology, Inc. (the “Company”) and Xxxxxxx X. Xxxxx (“Executive”) hereby agree indemnification pursuant to the following mutual release terms and waiver conditions of claims (“Release the Company’s Directors’ and Waiver”). In exchange for Officers liability policy and the consideration provided Executive’s rights pursuant to Executive the terms and conditions of various Common Stock Purchase Warrants held by the Agreement that Executive is not otherwise entitled to receiveExecutive, Executive hereby generally covenants and completely agrees and releases the Company and its directorsSuperStock, and all of their respective Affiliates (as defined below), and their respective employees, officers, employees, shareholders, partners, directors and agents, attorneysfrom all debts, predecessorsdemands, successorsactions, parent causes of action, suits, dues, sum and subsidiary entitiessums of money, insurersaccounts, affiliatesreckonings, bonds, specialties, covenants, contracts, controversies, agreements, promises, doings, omissions, variances, damages, extents, executions and assigns from liabilities and any and all claimsother claims of every kind, liabilities nature and obligationsdescription whatsoever (upon any legal or equitable theory, both known whether contractual, common-law, statutory, federal, state local or otherwise) the Executive (or Executive’s respective successors and unknownassigns) has or hereafter can, shall or may have based on the Executive’s employment by the Company and SuperStock, any events that may have occurred during the course of his employment or the termination of that employment, or any other matters or claims of any kind or nature from the beginning of the world to the Effective Date (including without limitation, those arising out of or which may hereafter be claimed to arise out of the Employment Agreement or are Executive’s status as a shareholder of the Company; provided, however, that the foregoing release of the Executive’s shareholder claims shall be effective only through the Termination Date). Without limiting the generality of the foregoing, the scope of this release includes (but is not limited to) a release of any and all claims for unpaid wages or other compensation, breach of contract, wrongful discharge, disability benefits, health and medical insurance, sick leave and employment discrimination. Executive acknowledges and agrees that he is specifically releasing any rights or claims he may have under: the Age Discrimination in any way related to eventsEmployment Act, actswhich prohibits discrimination in employment based on age; Title VII of the Civil Rights Act of 1964, conductwhich prohibits discrimination in employment based on race, color, national origin, religion or omissions occurring prior to my signing sex; the Equal Pay Act, which prohibits paying men and women unequal pay for equal work; Title I of the Americans with Disabilities Act; the New York Human Rights Law; the New York City Human Rights Law; and all other federal, state and local laws and regulations prohibiting discrimination in employment. Executive acknowledges and agrees that this Release and Waiverrelease covers not only claims that he knows about, but also claims that he might not know about. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to Executive’s employment with the Company or the termination of that employment; (2) all claims related to Executive’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company; (3) all claims for breach of contractcompensatory damages, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliationpunitive damages, attorneys’ fees, expenses and costs or other compensation of any kind, including any claims which were or might have been asserted by the Executive or on his behalf. Executive covenants and agrees that the release set forth in this Section 5 shall be binding upon his successors and assigns. By signing this Agreement, Executive acknowledges and agrees that he is forever giving up his rights to make any of the claims or demands mentioned above. For purposes of this Agreement, “Affiliate” means any entity that controls, is controlled by, or is under common control with the Company and SuperStock. Notwithstanding the foregoing, this release does not apply to (i) claims arising under, or after the Effective Date of, this Agreement, (ii) pending claims for benefits under Title VII the Company’s welfare plans, (iii) claims for vested benefits, (iv) claims for indemnification under the Company’s articles of incorporation, bylaws and/or applicable law and/or (v) claims relating to the Executive’s Common Stock Purchase Warrants and stock options. Without limiting the foregoing, this Agreement shall not affect any rights the Executive has in the future for indemnification from Company pursuant to the Company’s articles of organization, bylaws and/or applicable law, all in accordance with the terms thereof as in effect as of the 1964 Civil Rights ActEffective Date and notwithstanding any subsequent changes thereto. The Company hereby represents and warrants that its articles of organization and bylaws have not been amended so as to adversely affect the Executive’s rights to indemnification since January 1, as amended, 2006. (b) Except for the Age Discrimination obligations undertaken by the Executive under this Agreement or the Employment Agreement (to the extent provided for or incorporated in Employment Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, as amended, the provisions of the California Labor Code, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”this Agreement), the Xxxxxxxx-Xxxxx Act Company and SuperStock and all of 2002their respective Affiliates, and any other statetheir respective employees, federalofficers, or local laws directors and regulations relating to employment and/or employment discrimination. The only exceptions are claims Executive may have agents, for unemployment compensation good and worker’s compensationvaluable consideration, Base Salary (through the date receipt of termination)which is hereby acknowledged, prorated incentive pay to hereby forever remises, releases and discharges the extent that the bonus criteria has been satisfactorily achieved as specified in Paragraph 4 of the Agreement, outstanding business expensesExecutive, and unused vacation earned through the date of termination of Executive. In consideration of Executive’s release of claims as set forth abovehis or its subsidiaries, the Companydivisions, on behalf of itself and each of its respective officersstockholders, directors, shareholdersofficers, employeesmanagers, attorneys, partners, associates, employees and agents, representatives, predecessors, successors, assigns, and anyone who could claim by or through them, past, present and future, hereby unconditionally and irrevocably releases and forever discharge Executive, his representatives, predecessors, successors, assigns, spouses, heirs, executors and trustees, past, present and future, from any and all claimsdebts, demands, actions, causes of action, damages suits, dues, sum and expensessums of money, accounts, reckonings, bonds, specialties, covenants, contracts, controversies, agreements, promises, doings, omissions, variances, damages, extents, executions and liabilities and any and all other claims of every kind, nature and description whatsoever (upon any legal or equitable theory, whether contractual, common-law, statutory, federal, state local or otherwise) whether known or unknownunknown which against the Executive and his affiliates, suspected successors, agents, servants, beneficiaries, employees, attorneys or unsuspectedassigns, with respect the Company and SuperStock and all of their respective Affiliates, and their respective employees, officers, directors and agents, now have, may have, or ever had, from the beginning of the world to (1) the Effective Date, including, without limitation, all statutory, tort, contract and other claims arising out of that were or could have been asserted and any and all matters which in any way related relate to or arise out of the Company’s or SuperStock’s and all of their respective Affiliates’ relationships with the Executive’s employment with . This release covers claims the Company and SuperStock and all of their respective Affiliates are or are not currently aware of. This release includes, but is not limited to, all claims for compensatory damages, punitive damages, attorneys’ fees, expenses and costs or other compensation of any kind, including any claims which were or might have been asserted by the Company or the termination of that employment; SuperStock or their respective Affiliates, and (2) all claims related to Executive’s compensation or benefits from the Companytheir respective employees, including salaryofficers, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stockdirectors and agents, or any other ownership interests in the Company. By this release of claims, the Company is not releasing Executive from his continuing obligations under the Proprietary Information and Inventions Agreement dated December 29, 2005 (the “Proprietary Information Agreement”) and the non-solicitation provisions set forth in Paragraph 9 of the Agreement. Both Executive and the Company expressly waive and relinquish any and all rights and benefits they now have or may have in the future under the terms of Section 1542 of the Civil Code of the State of California, which sections reads in full as follows:on their behalf.

Mutual Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Employment Separation and General Release Agreement dated December 29, 2005 2008 to which this document is Exhibit B (the “Agreement”), to which this form shall be deemed to be attached, Biolase Technology, Inc. (the “Company”) and Xxxxxxx Jxxxxxx X. Xxxxx (“ExecutiveEmployee”) hereby agree to the following mutual release and waiver of claims (“Release and Waiver”). In exchange for the consideration provided to Executive by Employee under the terms and conditions of the Agreement that Executive is not otherwise entitled to receive(including, Executive without limitation Employee’s execution, delivery and non-revocation of this Release and Waiver), Employee hereby generally and completely releases the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any way related to ExecutiveEmployee’s employment with the Company or the termination of that employment; (2) all claims related to ExecutiveEmployee’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under Title VII of the 1964 Civil Rights Act, as amended, the Age Discrimination in Employment Act, the California Fair Employment and Housing Act, the Equal Pay Act of 1963, as amended, the provisions of the California Labor Code, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the XxxxxxxxSxxxxxxx-Xxxxx Act of 2002, and any other state, federal, or local laws and regulations relating to employment and/or employment discrimination. The only exceptions are Notwithstanding the foregoing, Employee does not release any claims Executive Employee may have for unemployment compensation and worker’s compensation; rights to indemnification under the Company’s articles, Base Salary (through bylaws or applicable state law; vested pension or welfare benefits; or rights under any stock option or restricted stock agreement between Employee and the date of termination), prorated incentive pay to the extent that the bonus criteria has been satisfactorily achieved as specified in Paragraph 4 of the Agreement, outstanding business expenses, and unused vacation earned through the date of termination of ExecutiveCompany. In consideration of ExecutiveEmployee’s release of claims as set forth above, the Company, on behalf of itself and each of its respective officers, directors, shareholders, employees, attorneys, partners, associates, agents, representatives, predecessors, successors, assigns, and anyone who could claim by or through them, past, present and future, hereby unconditionally and irrevocably releases and forever discharge ExecutiveEmployee, his representatives, predecessors, successors, assigns, spouses, heirs, executors and trustees, past, present and future, from any and all claims, demands, causes of action, damages and expenses, whether known or unknown, suspected or unsuspected, with respect to to: (1) all claims arising out of or in any way related to ExecutiveEmployee’s employment with the Company or the termination of that employment; and (2) all claims related to ExecutiveEmployee’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other ownership interests in the Company. By this release of claims, the Company is not releasing Executive Employee from his continuing obligations under the Agreement, the Proprietary Information and Inventions Agreement Agreement, dated as of December 29, 2005 2005, by and between the Company and Employee (the “Proprietary Information Agreement”) and the non-solicitation provisions set forth in Part One, Paragraph 9 of that certain Employment Agreement, dated as of December 29, 2005, by and between the Company and Employee, as amended by that certain Amendment No. 1 to Employment Agreement, dated as of February 10, 2006 (as amended, the “Employment Agreement”). Employee’s obligations under Part One, Paragraph 9 of the Employment Agreement and the Proprietary Information Agreement shall remain in full force and effect and shall survive the termination of the Employment Agreement. Both Executive Employee and the Company expressly waive and relinquish any and all rights and benefits they now have or may have in the future under the terms of Section 1542 of the Civil Code of the State of California, which sections reads in full as follows: Notwithstanding said Code Section, and subject to the continuing obligations under the Agreement, the Proprietary Information Agreement and the provisions set forth in Part One, Paragraph 9 of the Employment Agreement, the Parties knowingly and voluntarily waive the provisions of Section 1542 as well as any other statutory or common law provisions of similar effect and acknowledge and agree that this waiver is an essential part of this Release and Waiver. Employee acknowledges that, among other rights, Employee is waiving and releasing any rights Employee may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the consideration given for this Release and Waiver is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledge that Employee has been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims under the ADEA which may arise after this Release and Waiver is executed; (b) Employee has the right to consult with an attorney prior to executing this Release and Waiver (although Employee may choose voluntarily not to do so); and (c) Employee has twenty-one (21) days from the date of termination of Employee’s employment with the Company in which to consider this Release and Waiver (although Employee may choose voluntarily to execute this Release and Waiver earlier, in which case he waives the remainder of the twenty-one (21) day period); (d) Employee has seven (7) days following the execution of this Release and Waiver to revoke his consent to this Release and Waiver; and (e) this Release and Waiver shall not be effective until the seven (7) day revocation period has expired. Employee acknowledges his continuing obligations under the Agreement, the Proprietary Information Agreement and the provisions set forth in Part One, Paragraph 9 of the Employment Agreement. Nothing contained in this Release and Waiver shall be deemed to modify, amend or supersede the obligations set forth in the Agreement, the Proprietary Information Agreement or Part One, Paragraph 9 of the Employment Agreement. By signing this Release and Waiver, Employee hereby represents that he is not aware of any affirmative conduct or the failure to act on the part of the Company, its officers, directors, and/or employees concerning the Company’s business practices, its reporting obligations, its customers and/or prospective customers, its products, and/or any other any other aspect of the Company’s business, which Employee has any reason to believe rises to the level of unfair, improper and/or unlawful conduct pursuant to any state or federal law, rule, regulation or order, including, but not limited to, any rule, regulation or decision promulgated or enforced by the Securities and Exchange Commission, or which has been promulgated or enforced by any other state or federal office or administrative body pursuant to the Sxxxxxxx-Xxxxx Act of 2002. This Release and Waiver constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and Employee with regard to the release and waiver of claims between them. Employee is not relying on any promise or representation by the Company that is not expressly stated herein and the Company is not relying on any promise or representation by Employee that is not expressly stated herein. This Release and Waiver may only be modified by a writing signed by both Employee and a duly authorized officer of the Company. The parties agree that this Mutual Release does not in any way compromise or lessen Employee’s rights to be indemnified by the Company or otherwise be covered under any applicable insurance policies that Employee would otherwise be entitled to receive and/or be covered by. The parties agree that in no way does this mutual release of claims preclude Employee from enforcing his ownership rights pertaining to any stock or stock options which may have been purchased by Employee or granted to Employee by the Company pursuant to a written stock option grant and/or as memorialized in a written Board Resolution (and as reported periodically in the Company’s proxy statements). BIOLASE TECHNOLOGY, INC. By: Title: Dated: Jxxxxxx X. Xxxxx Dated: