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

Mutual Release and Waiver of Claims. (a) Except as provided in Section 1(b), Xxxxxxxxxxx, for himself and on behalf of his spouse, dependents, heirs, executors, administrators, legal representatives, successors, and assigns (collectively referred to in this Release as “Xxxxxxxxxxx”), hereby unconditionally and forever releases, discharges, 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 affiliates, and their employees, officers, directors, shareholders, insurers, 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, successors, parent, subsidiaries, assigns and affiliates, arising prior to the date he signs this Agreement, including but not limited to claims relating to his hiring, compensation, benefits, assignments, or termination, or arising under any state or federal equal employment law such as Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (as further described in Section 2 below); the Older Workers Benefit Protection Act, the Americans with Disabilities Act; claims under the Employee Retirement Income Security Act of 1974, as amended; the California Fair Employment and Housing Act; or any other 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 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.

Mutual Release and Waiver of Claims. (a) Except as provided in Section 1(b), XxxxxxxxxxxAlexander, for himself and on behalf of his spouse, dependents, heirs, executors, administrators, legal representatives, successors, and assigns (collectively referred to in this Release as “XxxxxxxxxxxAlexander”), hereby unconditionally and forever releases, discharges, and waives any and all claims of any nature whatsoever, whether legal, equitable or otherwise, known or unknown, that Xxxxxxxxxxx Alexander may have against the Company, its subsidiaries and affiliates, and their employees, officers, directors, shareholders, insurers, representatives, agents, successors, and assigns, and third party administrators, including but not limited to TriNet HR Corporation and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns and affiliates, arising prior to the date he signs this Agreement, including but not limited to claims relating to his hiring, compensation, benefits, assignments, or termination, or arising under any state or federal equal employment law such as Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (as further described in Section 2 below); the Older Workers Benefit Protection Act, the Americans with Disabilities Act; claims under the Employee Retirement Income Security Act of 1974, as amended; the California Fair Employment and Housing Act; or any other 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 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.

Mutual Release and Waiver of Claims. (a) Except as provided in Section 1(b), XxxxxxxxxxxXxxxxxx, for himself and on behalf of his spouse, dependents, heirs, executors, administrators, legal representatives, successors, and assigns (collectively referred to in this Release as “XxxxxxxxxxxXxxxxxx”), hereby unconditionally and forever releases, discharges, and waives any and all claims of any nature whatsoever, whether legal, equitable or otherwise, known or unknown, that Xxxxxxxxxxx Xxxxxxx may have against the Company, its subsidiaries and affiliates, and their employees, officers, directors, shareholders, insurers, representatives, agents, successors, and assigns, and third party administrators, including but not limited to TriNet HR Corporation and their affiliates, officers, agents, administrators, servants, employees, attorneys, successors, parent, subsidiaries, assigns and affiliates, arising prior to the date he signs this Agreement, including but not limited to claims relating to his hiring, compensation, benefits, assignments, or termination, or arising under any state or federal equal employment law such as Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (as further described in Section 2 below); the Older Workers Benefit Protection Act, the Americans with Disabilities Act; claims under the Employee Retirement Income Security Act of 1974, as amended; the California Fair Employment and Housing Act; or any other 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 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.

Mutual Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Employment Agreement dated December 29, 2005 (a) Except as provided in Section 1(bthe “Agreement”), Xxxxxxxxxxxto 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 himself the consideration provided to Executive by the Agreement that Executive is not otherwise entitled to receive, Executive hereby generally and on behalf of his spousecompletely releases the Company and its directors, dependentsofficers, heirsemployees, executorsshareholders, administratorspartners, legal representativesagents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns (collectively referred to in this Release as “Xxxxxxxxxxx”), hereby unconditionally and forever releases, discharges, and waives from any and all claims of any nature whatsoeverclaims, whether legalliabilities and obligations, equitable or otherwise, both known or and unknown, that Xxxxxxxxxxx may have against 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, its subsidiaries and affiliatesincluding 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 their employeesbreach of the implied covenant of good faith and fair dealing; (4) all tort claims, officersincluding claims for fraud, directorsdefamation, shareholders, insurers, representatives, agents, successors, assignsemotional distress, and third party administratorsdischarge in violation of public policy; and (5) all federal, state, and local statutory claims, including but not limited to TriNet HR Corporation and their affiliatesclaims for discrimination, officersharassment, agents, administrators, servants, employeesretaliation, attorneys, successors, parent, subsidiaries, assigns and affiliates, arising prior to the date he signs this Agreement, including but not limited to claims relating to his hiring, compensation, benefits, assignments’ fees, or termination, or other claims arising under any state or federal equal employment law such as Title VII of the 1964 Civil Rights Act of 1964Act, 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 19671963, as amended (as further described in Section 2 below); amended, the Older Workers Benefit Protection Actprovisions of the California Labor Code, the Americans with Disabilities Act; claims under , the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amendedamended (“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 California Fair Employment and Housing Act; Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other federalownership interests in the Company. By this release of claims, 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 contractthe Company is not releasing Executive from his continuing obligations under the Proprietary Information and Inventions Agreement dated December 29, both express 2005 (the “Proprietary Information Agreement”) and implied; breach the non-solicitation provisions set forth in Paragraph 9 of the covenant of good faith Agreement. Both Executive and fair dealing, both express the Company expressly waive and implied; negligent relinquish any and all rights and benefits they now have 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 may have in the future under the common law.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 of the payments and other benefits set forth in the Separation and General Release Agreement dated , 2008 to which this document is Exhibit B (a) Except as provided in Section 1(bthe “Agreement”), XxxxxxxxxxxBiolase Technology, Inc. (the “Company”) and Jxxxxxx X. Xxxxx (“Employee”) hereby agree to the following mutual release and waiver of claims (“Release and Waiver”). In exchange for himself the consideration provided to Employee under the terms and on behalf conditions of his spousethe Agreement (including, dependentswithout limitation Employee’s execution, heirsdelivery and non-revocation of this Release and Waiver), executorsEmployee hereby generally and completely releases the Company and its directors, administratorsofficers, legal representativesemployees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns (collectively referred to in this Release as “Xxxxxxxxxxx”), hereby unconditionally and forever releases, discharges, and waives from any and all claims of any nature whatsoeverclaims, whether legalliabilities and obligations, equitable or otherwise, both known or and unknown, that Xxxxxxxxxxx may have against 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 Employee’s employment with the Company or the termination of that employment; (2) all claims related to Employee’s compensation or benefits from the Company, its subsidiaries and affiliatesincluding 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 their employeesbreach of the implied covenant of good faith and fair dealing; (4) all tort claims, officersincluding claims for fraud, directorsdefamation, shareholders, insurers, representatives, agents, successors, assignsemotional distress, and third party administratorsdischarge in violation of public policy; and (5) all federal, state, and local statutory claims, including but not limited to TriNet HR Corporation and their affiliatesclaims for discrimination, officersharassment, agents, administrators, servants, employeesretaliation, attorneys, successors, parent, subsidiaries, assigns and affiliates, arising prior to the date he signs this Agreement, including but not limited to claims relating to his hiring, compensation, benefits, assignments’ fees, or termination, or other claims arising under any state or federal equal employment law such as Title VII of the 1964 Civil Rights Act of 1964Act, 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 19671963, as amended (as further described in Section 2 below); amended, the Older Workers Benefit Protection Actprovisions of the California Labor Code, the Americans with Disabilities Act; claims under , the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amendedamended (“ERISA”), the Sxxxxxxx-Xxxxx Act of 2002, and any other state, federal, or local laws and regulations relating to employment and/or employment discrimination. Notwithstanding the foregoing, Employee does not release any claims Employee may have for unemployment compensation and worker’s compensation; rights to indemnification under the California Fair Employment Company’s articles, bylaws or applicable state law; vested pension or welfare benefits; or rights under any stock option or restricted stock agreement between Employee and Housing Actthe Company. In consideration of Employee’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 Employee, 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 Employee’s employment with the Company or the termination of that employment; and (2) all claims related to Employee’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other federalownership interests in the Company. By this release of claims, the Company is not releasing Employee from his continuing obligations under the Agreement, the Proprietary Information Agreement, dated as of December 29, 2005, by and between the Company and Employee (the “Proprietary Information Agreement”) and the 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 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: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. 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 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 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 statutefederal 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 common law.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:

Mutual Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Separation and General Release Agreement dated January 22, 2008 to which this document is Exhibit B (a) Except as provided in Section 1(bthe “Agreement”), XxxxxxxxxxxBiolase Technology, Inc. (the “Company”) and Kxxxx X. Xxxxxxx (“Employee”) hereby agree to the following mutual release and waiver of claims (“Release and Waiver”). In exchange for himself the consideration provided to Employee by the Agreement, which Employee acknowledges he is not otherwise entitled to receive, Employee hereby generally and on behalf of his spousecompletely releases the Company and its directors, dependentsofficers, heirsemployees, executorsshareholders, administratorspartners, legal representativesagents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns (collectively referred to in this Release as “Xxxxxxxxxxx”), hereby unconditionally and forever releases, discharges, and waives from any and all claims of any nature whatsoeverclaims, whether legalliabilities and obligations, equitable or otherwise, both known or and unknown, that Xxxxxxxxxxx may have against 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 Employee’s employment with the Company or the termination of that employment; (2) all claims related to Employee’s compensation or benefits from the Company, its subsidiaries and affiliatesincluding 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 their employeesbreach of the implied covenant of good faith and fair dealing; (4) all tort claims, officersincluding claims for fraud, directorsdefamation, shareholders, insurers, representatives, agents, successors, assignsemotional distress, and third party administratorsdischarge in violation of public policy; and (5) all federal, state, and local statutory claims, including but not limited to TriNet HR Corporation and their affiliatesclaims for discrimination, officersharassment, agents, administrators, servants, employeesretaliation, attorneys, successors, parent, subsidiaries, assigns and affiliates, arising prior to the date he signs this Agreement, including but not limited to claims relating to his hiring, compensation, benefits, assignments’ fees, or termination, or other claims arising under any state or federal equal employment law such as Title VII of the 1964 Civil Rights Act of 1964Act, 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 19671963, as amended (as further described in Section 2 below); amended, the Older Workers Benefit Protection Actprovisions of the California Labor Code, the Americans with Disabilities Act; claims under , the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amendedamended (“ERISA”), the Sxxxxxxx-Xxxxx Act of 2002, and any other state, federal, or local laws and regulations relating to employment and/or employment discrimination. Notwithstanding the foregoing, Employee does not release any claims Employee may have for unemployment compensation and worker’s compensation; rights to indemnification under the California Fair Employment Company’s articles, bylaws or applicable state law; vested pension or welfare benefits; or rights under any stock option or restricted stock agreement between Employee and Housing Actthe Company. In consideration of Employee’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 Employee, 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 (other than any claim, demand, cause of action, damage or expense arising out of or in any way related to Employee’s intentional, reckless or grossly negligent misconduct), whether known or unknown, suspected or unsuspected, with respect to: (1) all claims arising out of or in any way related to Employee’s employment with the Company or the termination of that employment; and (2) all claims related to Employee’s compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, or any other federalownership interests in the Company. By this release of claims, the Company is not releasing Employee from his continuing obligations under the Agreement and the Proprietary Information Agreement, dated as of January 8, 1999, by and between the Company and Employee (the “Proprietary Information Agreement”). Both 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: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. Notwithstanding said Code Section, and subject to the continuing obligations under the Agreement and the Proprietary Information 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 and the Proprietary Information Agreement. Nothing contained in this Release and Waiver shall be deemed to modify, amend or supersede the obligations set forth in the Agreement and the Proprietary Information 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 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 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 statutefederal 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 common law.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: Kxxxx X. Xxxxxxx Dated: