Common use of Mutual Releases Clause in Contracts

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, and each of their respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates from, and (ii) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at law, in equity, or mixed, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendment.

Mutual Releases. (a) Except for rights with regard to the obligations of Aurora hereunder and as to any claims arising under the Agreementas a result of a breach of Aurora’s obligations hereunder, as amended by this Amendment<> individually and on behalf of his successors and assigns, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, does hereby fully, forever, irrevocably and unconditionally (i) fully release, remise, remise and forever discharge each other, Aurora and each of their its respective agents, spouses, employees, officers, directors, shareholders, employees, subsidiaries, attorneys, counsel representatives and affiliates from, and (ii) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, agents from any and all manner of claimsdebts, chargesobligations, complaintsliabilities, demandsaccountings, promises, covenants, agreements, contracts, controversies, suits, actions, causes of actionactions, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissionsjudgments, damages, executionsclaims, obligationsdemands, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known in law or unknown, either at law, in equity, or mixed, that either which <> ever had, now has, or hereafter can, shall, shall or may havehave against them for, against the other upon or by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happenedfrom the beginning of the world to the date hereof. (b) Except with regard to the obligations of <> hereunder, developedand as to any claims arising as a result of a breach of <> obligations hereunder, or occurred before the Effective Date including but not limited to (A) Aurora does hereby fully release, remise and forever discharge <> and its attorneys, representatives and agents from any and all debts, obligations, liabilities, accountings, promises, covenants, agreements, contracts, controversies, suits, actions, causes of actions, judgments, damages, claims, asserted demands, in law or unassertedin equity, arising from employment with which Aurora ever had, now have, or separation hereafter can, shall or may have against them for, upon or by reason of any matter, cause or thing whatsoever, from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach beginning of the implied covenant of good faith and fair dealingworld to the date hereof. (c) The releases set forth in this Agreement are intended by the parties to release all claims, breach of contractwhether known, wrongful terminationunknown, negligent supervisionforeseen, negligenceunforeseen, intentional and negligent infliction of emotional distresspatent or latent, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance which one party may have against the other partyas of the date of this Agreement. Each party understands and acknowledges the significance and consequence of such specific intention to release all claims. (d) Anything herein to the contrary notwithstanding, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before should Aurora fail to make the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxxSettlement Payment, the claim release of Aurora given by <> shall be dismissed immediately upon presentation null and void and of this Amendmentno force and effect.

Mutual Releases. Except (a) Effective upon the Settlement Effective Time, the TERP Parties, for rights arising under themselves and on behalf of their respective trustees, executors, estates, heirs and assigns (the Agreement, as amended by this Amendment, after the date hereof “TERP Releasing Parties”) hereby fully and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) forever release, remisedischarge and acquit SunEdison and SunEdison’s trustees, executors, estates, heirs and discharge each otherassigns, and each of their respective current and former partners, agents, spouses, employees, officers, directors, shareholdersemployees, representatives, attorneys, counsel successors and affiliates frompredecessors, in each case solely in their capacities as such (other than TERP and GLBL) (iithe “SunEdison Released Parties”) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leasesjudgments, doingsexecutions, omissionsrights, damages, executionscosts, obligationsexpenses, liabilities, and expensesclaims, and any and all other claims demands and causes of action of every kind, nature and description whatsoever character whatsoever, at law or in equity, whether based on contract (including attorneys' fees and costsincluding, without limitation, quasi contract or estoppel), whether statute, regulation, tort (including, without limitation, intentional torts, fraud, misrepresentation, defamation, breaches of fiduciary duty, recklessness, gross negligence, willful misconduct or negligence) or otherwise, accrued or unaccrued, known or unknown, either at lawmatured, in equityunmatured, liquidated or mixedunliquidated, certain or contingent (collectively, “Claims”), that either the TERP Releasing Parties ever had, now has, or can, shall, have or may have, hereafter have against the other SunEdison Released Parties for, upon or by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) beginning of the Age Discrimination in Employment Act, world through the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common lawSettlement Effective Time, including but not limited to claims the TERP Claims; provided that the TERP Releasing Parties do not release, discharge or suits for intentional interference with contractual relations, breach of acquit the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, SunEdison Released Parties from (Ci) any indebtedness Claim to enforce, or alleged indebtedness between Employee for damages for breach of, this Agreement, the Jointly Supported Transaction Agreement, the Voting and either CompanySupport Agreement, (Dany agreement not rejected or terminated pursuant to Section 2(c) any vacation, leave or other accruals, and (E) any other action or grievance against the other party2(e), or any other contract, instrument, release or other agreement or document created or entered into in connection with this Agreement or the Jointly Supported Transaction, or (ii) the Preserved Comprehensive Unsecured Claim and the Preserved DE Shaw Unsecured Claim or (iii) any Claim against any direct or indirect subsidiary of its SunEdison Inc that is not a SunEdison Party and that commences any action or proceeding with respect to a Claim against a TERP Released Party (as defined below) other than a Claim described in the proviso in Section 4(b)(i) below. (b) Effective upon the Settlement Effective Time, the SunEdison Parties, for themselves and on behalf of their respective trustees, executors, estates, heirs and assigns (the “SunEdison Releasing Parties”) hereby fully and forever release, discharge and acquit TERP and TERP’s trustees, executors, estates, heirs and assigns, and each of their respective current and former partners, agents, spouses, employees, officers, directors, shareholdersemployees, representatives, attorneys, counsel successors and affiliatespredecessors, based in each case solely in their capacities as such (other than SunEdison and GLBL) (the “TERP Released Parties”) from any and all Claims that the SunEdison Releasing Parties ever had, now have or may hereafter have against the TERP Released Parties for, upon or by reason of any conduct matter, cause or thing whatsoever, which has happenedfrom the beginning of the world through the Settlement Effective Time, developedincluding but not limited to the SunEdison Claims; provided that the SunEdison Releasing Parties do not release, discharge or acquit the TERP Released Parties from (i) any Claim to enforce, or occurred before for damages for breach of, this Agreement, the Jointly Supported Transaction Agreement, the Voting and Support Agreement, any agreement not rejected or terminated pursuant to Section 2(c) and 2(e), or any other contract, instrument, release or other agreement or document created or entered into in connection with this Agreement or the Jointly Supported Transaction or (ii) any Claim against any direct or indirect subsidiary of TERP Inc that is not a TERP Party and that commences any action or proceeding with respect to a Claim against a SunEdison Released Party (as defined below) other than a Claim described in the proviso at Section 4(a)(i) or 4(a)(ii) above. (c) The Parties hereby agree to hold in abeyance any and all discovery requests related to (i) any Claims released in this Section 4 unless and until this Agreement is terminated in accordance with its terms, and (ii) the Preserved Comprehensive Unsecured Claim until the Approval Order has been entered; provided that the SunEdison Parties reserve the right to make discovery requests relating to Claims brought against SunEdison by entities other than the TERP Releasing Parties and, subject to the potential applicability of the automatic stay, the TERP Parties reserve the right to make discovery requests relating to Claims brought against TERP by entities other than the SunEdison Releasing Parties. (d) Notwithstanding anything to the contrary in this Section 4, the Parties’ rights, if any, to access any insurance policies, including those under which SunEdison or TERP is insured, or the proceeds thereof in their respective capacities as insureds thereunder, including, but not limited to, (i) directors’ and officers’ insurance policies, (ii) employee liability insurance policies, (iii) property, casualty and liability insurance policies and (iv) module and other warranty insurance policies, shall not be affected or diminished by this Agreement (even if Claims related thereto are released against the SunEdison Released Parties or the TERP Released Parties pursuant to this Agreement), and the rights and defenses of all Parties are reserved with respect thereto. (e) For the avoidance of doubt, nothing in this Agreement is intended, or shall be construed, to release any Claims by or on behalf of (i) the TERP Parties against TERP’s own current and former partners, agents, officers, directors, employees, representatives, attorneys, successors and predecessors acting in their capacities as such (regardless of whether such persons are or were also officers, directors or employees of SunEdison), or (ii) the SunEdison Parties against SunEdison’s own current and former partners, agents, officers, directors, employees, representatives, attorneys, successors and predecessors acting in their capacities as such (regardless of whether such persons are or were also officers, directors or employees of TERP). (f) Effective Date. It upon the entry of the Approval Order, (i) the TERP Releasing Parties hereby fully and forever release, discharge and acquit any Buyer of any and all renewable energy projects owned by SunEdison (the “SunEdison Projects”) from any and all Claims arising out of, in connection with, or relating to their acquisition of such SunEdison Projects (which shall include, without limitation, the release and waiver of any right of first offer or similar rights held by the TERP Releasing Parties in connection with any SunEdison Projects, and shall extend to the SunEdison Project companies themselves; provided that it is expressly agreed and understood that stipulated that, prior to the Settlement Effective Time upon which time the releases in Section 4(a) shall become effective, such releases and waivers shall not reduce, diminish or modify TERP’s Claims against the Debtors in the Chapter 11 Cases in any respect, with such Claims to be treated as if such releases and waivers were never granted, other than any acquisition of SunEdison Projects in connection with such Buyer’s or its affiliates’ direct or indirect acquisition of all or a part of the equity or assets of TERP or GLBL (under a sale, plan of reorganization, plan of liquidation or otherwise), and (ii) except to the extent previously provided by a Final Order of the Bankruptcy Court, the SunEdison Releasing Parties hereby fully and forever release, discharge and acquit any Buyer of a UK Project Company (and, effective upon the consummation of Buyer’s acquisition of the UK Project Companies, the UK Project Companies themselves) from any and all Claims in respect of prepetition transfers from SunEdison to the UK Project Companies, including any Avoidance Actions. For purposes of this Section 4(f), (A) “Buyer” means any prospective or actual third-party buyer of a SunEdison Project or UK Project Company, as applicable, or any debt or equity investor in such entity, in each case, solely in such capacity, (B) the “UK Project Companies” means the companies set forth on Exhibit A attached to the Debtors’ Motion for Order Pursuant to Bankruptcy Code Sections 105 and 363(b) and Bankruptcy Rules 6004 and 9019 Authorizing and Approving the Release of Certain Claims in Connection with Certain UK Sales [Docket No. 2512]. Notwithstanding anything to the contrary in this Agreement, the releases contained here are GENERAL RELEASES. In in this Section 4(f) shall survive the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation termination of this AmendmentAgreement.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as (a) Each of the Effective Date, EmployeeStockholders, on the one hand, behalf of themselves and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, and each of their respective agentsheirs, spousesestates, employeestrustees, beneficiaries, successors, predecessors, assigns, subsidiaries, principals, directors, officers, directorsand insurers (the “Stockholder Releasors”), shareholdershereby do remise, attorneysrelease and forever discharge, counsel and affiliates from, and (ii) agree and covenant not to institutexxx or take any steps to pursue or further any Legal Proceeding against any of the Other Parties or their respective successors, submitpredecessors, file or bringassigns, or permit to be institutedsubsidiaries, submittedprincipals, filed or brought on his or its behalf against directors and officers (in their capacity as such), and insurers (the other “Company Releasees”) from and in any court, administrative agency, or other forum, respect of any and all manner claims and causes of action, whether based on any federal, state or foreign law or right of action, direct, indirect or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, that all or any of the Stockholder Releasors have, had, or may have against the Company Releasees, or any of them, of any kind, nature or type whatsoever, from the beginning of time to the date of this Agreement; provided, however, that the foregoing release shall not release any rights or duties under this Agreement or any claims or causes of action that the Stockholder Releasors may have for the breach or enforcement of any provision of this Agreement. (b) The Company, on behalf of itself and its successors, predecessors, assigns, subsidiaries, principals, directors, officers, and insurers (the “Company Releasors”), hereby do remise, release and forever discharge, and covenant not to xxx or take any steps to pursue or further any Legal Proceeding against any of the Other Parties or their respective heirs, estates, trustees, beneficiaries, successors, predecessors, assigns, subsidiaries, principals, directors and officers (in their capacity as such), and insurers (the “Stockholder Releasees”) from and in respect of any and all claims and causes of action, whether based on any federal, state or foreign law or right of action, direct, indirect or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, that all or any of the Company Releasors have, had, or may have against the Stockholder Releasees, or any of them, of any kind, nature or type whatsoever, from the beginning of time to the date of this Agreement; provided, however, that the foregoing release shall not release any rights or duties under this Agreement or any claims or causes of action that the Company Releasors may have for the breach or enforcement of any provision of this Agreement. (c) Each Party represents and warrants that it has not heretofore transferred or assigned, or purported to transfer or assign, to any person, firm or corporation any claims, charges, complaints, demands, actionsobligations, losses, causes of action, suitsdamages, rights, debts, dues, sums of moneypenalties, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, attorneys’ fees, liabilities or indemnities herein released. Each of the Parties represents and warrants that neither it nor any assignee has filed any lawsuit against any Other Party. (d) Each Party waives any and all other claims of every kind, nature and description whatsoever rights (including attorneys' fees and costs), whether known or unknown, either at to the extent permitted by state law, federal law, principles of common law or any other law) that may have the effect of limiting the releases in equitythis Section 5. Without limiting the generality of the foregoing, each Party acknowledges that there is a risk that the damages and costs that it believes it has suffered or mixedwill suffer may turn out to be other than or greater than those now known, suspected or believed to be true. Facts on which each Party has been relying in entering into this Agreement may later turn out to be other than or different from those now known, suspected or believed to be true. Each Party acknowledges that either ever hadin entering into this Agreement, now has, or can, shall, or may have, against it has expressed that it agrees to accept the other by reason of, on account of, or arising out risk of any mattersuch possible unknown damages, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unassertedfacts, arising from employment with or separation from the Companydemands, actions and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety causes of action. Each Party acknowledges and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood agrees that the releases contained here and covenants provided for in this Section 5 are GENERAL RELEASES. In binding, unconditional and final as of the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendmentdate hereof.

Mutual Releases. Except for rights arising (a) Upon full and final payment of all amounts due Huntsman under Paragraph 3 above, the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as Hexion Parties on behalf of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, themselves and each of their parents, affiliates, predecessors, successors and assigns, and on behalf of each of their respective agents, spouses, employees, current and former officers, directors, shareholdersmanagers, attorneysmembers, counsel employees, agents and affiliates fromother representatives in their capacities as such (collectively, the “Hexion Releasors”), hereby release, acquit, and forever discharge the Huntsman Parties, the Huntsman Family Shareholders and each of their parents, affiliates, predecessors, successors and assigns, and their respective current and former officers, directors, employees, contractors, subcontractors, agents, security holders, attorneys and other representatives in their capacities as such (iicollectively, the “Huntsman Releasees”) agree and covenant not to institutethe Apollo Parties and their respective parents, submitaffiliates, file or bringpredecessors, or permit to be institutedsuccessors and assigns, submittedand their respective current and former officers, filed or brought on his or its behalf against directors, managers, members, partners, employees, contractors, subcontractors, agents, security holders, attorneys and other representatives in their capacities as such (collectively, the other in any court“Apollo Releasees”), administrative agency, or other forum, from any and all manner of claims, charges, complaints, demands, actions, causes of action, counterclaims, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leasescontribution, doings, omissionsindemnification, damages, executionsjudgments, obligationsexecutions and demands whatsoever, liabilitiesat law, and expensesin equity or otherwise, and which the Hexion Releasors, or any and all other claims of every kindthem, nature and description whatsoever (including attorneys' fees and costs)now or hereafter can, shall or may have against the Huntsman Releasees and/or the Apollo Releasees, or any of them, whether known or unknown, from the beginning of the world to the date of this Agreement; provided, however, that this release does not extend to claims arising out of ordinary course of business commercial dealings between the Hexion Releasors and either the Apollo Releasees or the Huntsman Releasees. The claims released by the Hexion Releasors against the Apollo Releasees pursuant to this paragraph include but are not limited to any and all claims that the Hexion Releasors may have against Xxxxxx X. Xxxxxx or Xxxxx X. Xxxxxxxx and rights of contribution that the Hexion Releasors may have against Xxxxxx X. Xxxxxx or Xxxxx X. Xxxxxxxx arising from the Huntsman Shareholder Action. The Hexion Releasors also acknowledge that nothing contained in this Agreement shall in any way negate or reduce or otherwise affect the rights of indemnification of Xxxxxx X. Xxxxxx or Xxxxx X. Xxxxxxxx or any other Apollo Releasee under applicable law, including any contractual agreements, or the By-Laws or Articles of Incorporation of Hexion. (b) Upon full and final payment of all amounts due Huntsman under Paragraph 3 above, the Apollo Parties on behalf of themselves and each of their parents, affiliates, predecessors, successors and assigns, and on behalf of their respective current and former officers, directors, managers, members, employees, agents, security holders, attorneys and other representatives in their capacities as such (collectively, the “Apollo Releasors”), hereby release, acquit, and forever discharge the Huntsman Releasees and the Hexion Parties and their parents, affiliates, predecessors, successors and assigns, and its and their respective current and former officers, directors, employees, contractors, subcontractors, agents, security holders, attorneys and other representatives in their capacities as such (collectively, the “Hexion Releasees”) from any and all actions, causes of action, counterclaims, suits, debts, sums of money, accounts, contracts, agreements, promises, contribution, indemnification, damages, judgments, executions and demands whatsoever, at law, in equity, equity or mixed, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoeverotherwise, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other partyApollo Releasors, or any of its them, now or hereafter can, shall or may have against the Huntsman Releasees and/or the Hexion Releasees, or any of them, whether known or unknown, from the beginning of the world to the date of this Agreement; provided, however, that this release does not extend to claims arising out of ordinary course of business commercial dealings between the Apollo Releasors and either the Hexion Releasees or the Huntsman Releasees. The claims released by the Apollo Releasors against the Hexion Releasees pursuant to this paragraph include but are not limited to any and all claims that the Apollo Releasors may have against Xxxxxx X. Xxxxxx or Xxxxx X. Xxxxxxxx and rights of contribution that the Apollo Releasors may have against Xxxxxx X. Xxxxxx or Xxxxx X. Xxxxxxxx arising from the Huntsman Shareholder Action. The Apollo Releasors also acknowledge that nothing contained in this Agreement shall in any way negate or reduce or otherwise affect the obligations of indemnification of any of the Hexion Releasees to Xxxxxx X. Xxxxxx or Xxxxx X. Xxxxxxxx or any other Apollo Releasor under applicable law, including any contractual agreements, or the By-Laws or Articles of Incorporation of Hexion. (c) Upon full and final payment of all amounts due Huntsman under Paragraph 3 above, including purchase of the convertible notes, the Huntsman Parties and the Huntsman Family Shareholders on behalf of themselves and their parents, affiliates, predecessors, successors and assigns, and on behalf of their respective agents, spouses, employees, current and former officers, directors, shareholderstrustees, attorneysbeneficiaries, counsel employees, agents, security holders, attorneys and affiliatesother representatives in their capacities as such (collectively, based upon the “Huntsman Releasors”), hereby release, acquit, and forever discharge the Apollo Releasees and the Hexion Releasees from any conduct and all actions, causes of action, counterclaims, suits, debts, sums of money, accounts, contracts, agreements, promises, contribution, indemnification, damages, judgments, executions and demands whatsoever, at law, in equity or otherwise, which has happened, developedthe Huntsman Releasors, or occurred before any of them, now or hereafter can, shall or may have against the Effective DateHexion Releasees and/or the Apollo Releasees, or any of them, for, whether known or unknown, from the beginning of the world to the date of this Agreement; provided, however, that this release does not extend to claims arising out of ordinary course of business commercial dealings between the Huntsman Releasors and either the Hexion Releasees or the Apollo Releasees. It is expressly agreed The claims released by the Huntsman Releasors against the Apollo Releasees and understood the Hexion Releasees pursuant to this paragraph include but are not limited to any and all claims that Xxx X. Xxxxxxxx, Xxxxx Xxxxxxxx and the releases contained here Huntsman Family Shareholders, each and all as shareholders of Huntsman, may have in the Huntsman Shareholder Action or as a result of any settlement of the Huntsman Shareholder Action and, with respect to Xxxxx Xxxxxxxx and Xxx X. Xxxxxxxx, to the extent of their beneficial ownership interests in any shares of Huntsman common stock held by the HMP Equity Trust. (d) The claims released pursuant to this Paragraph 5 include but are GENERAL RELEASES. In the event that any party institutes any action hereby released or not limited to which he or it has agreed not to xxxall claims, if any, the claim shall be dismissed immediately upon presentation of this Amendment.Hexion and Apollo Releasees may have that are in any way related to the April 29, 2006 fire at the Port Xxxxxx Base Chemicals Light Olefins Unit in the Aromatic and Olefins Plant in Port Xxxxxx, Texas (the “April 29, 2006 Fire”), including claims in connection with: (i) Ace Am. Ins. Co., et al. x.

Mutual Releases. Except for rights arising under In consideration of the covenants contained in this Agreement, as amended by including, without limitation, RVI’s agreements with respect to the Pension Plan pursuant to paragraph 2 of this AmendmentAgreement, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as other good and valuable consideration (receipt and sufficiency of which is hereby acknowledged) on the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally : (i) releasethe Debtors, remisetheir estates, the Committee, and discharge each other, any party that may acquire standing to prosecute estate claims on their behalf (the “Debtor Releasors”) shall be deemed to forever release RVI and each of DSW and their respective agents, spouses, employees, officers, directors, shareholdersagents, attorneysattorneys and employees and the Xxxxxxx Releasees (as hereinafter defined) (collectively, counsel the “RVI/DSW Releasees”) from any and affiliates fromall claims and causes of action of any nature whatsoever, and (ii) agree and covenant not to instituteincluding, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forumwithout limitation, any and all manner claims pursuant to Chapter 5 of claimsthe Bankruptcy Code, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and that the Debtor Releasors may have against the RVI/DSW Releasees; (ii) the RVI/DSW Releasees shall be deemed to forever release the Debtor Releasors from any and all other claims and causes of every kindaction that the RVI/DSW Releasees may have against the Debtor Releasors, nature and description whatsoever except with respect to those claims allowed herein; and (including attorneys' fees and costsiii) to the extent approved by the Bankruptcy Court in the context of a Chapter 11 plan of liquidation or reorganization to be proposed in the Debtors’ Chapter 11 cases, to the extent a creditor votes in favor of any plan of liquidation or reorganization proposed by the Debtors and/or the Committee (the “Plan”), whether known or unknown, either at to the fullest extent permitted by law, in equity, or mixed, that either ever had, now has, or can, shall, or may have, against such creditor shall be deemed to forever release the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) RVI/DSW Releasees from any and all claims, asserted or unasserted, arising from employment with or separation from claims and causes of action that such creditor may have against the Company, RVI/DSW Releasees related to the prepetition and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) postpetition conduct of the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, Debtors’ business and the Consolidated Omnibus Budget Reconciliation Act Debtors’ Chapter 11 cases; provided, however, that the foregoing releases shall not limit the rights of 1985, (B) those arising under common law, including but not limited any party to claims or suits for intentional interference with contractual relations, breach enforce the terms of this Agreement. Approval of the implied covenant release provided in paragraph 9(iii) of this Agreement shall not serve as a condition precedent to the effectiveness of the RVI/DSW Settlement, provided that the Debtors and the Committee shall cooperate in good faith and fair dealinguse their best efforts to obtain such approval. The releases provided under this paragraph 9 shall apply to all rights arising from or pursuant to Chapter 5 of the Bankruptcy Code; for the avoidance of doubt, breach claims against RVI and/or DSW, including under Chapter 5 of contractthe Bankruptcy Code, wrongful terminationshall not be used to offset RVI Claims and/or DSW Claims. As used in this Agreement, negligent supervisionthe term “Xxxxxxx Releasees” refers to FB II Acquisition Corp., negligence, intentional its subsidiaries and negligent infliction of emotional distress, defamation, false imprisonment, libel, other affiliates (excluding the Debtors and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its their subsidiaries which may from time to time exist) and their respective agentsstockholders, spousesdirectors, managers, officers, employees, officersagents, directors, shareholders, attorneys, counsel attorneys and affiliates, based upon representatives (excluding such persons of the Debtors and any conduct whatsoever, of their subsidiaries which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or may from time to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendmenttime exist).

Mutual Releases. Except for rights arising under (a) Each of the Agreementmembers of Mill Road, as amended by this Amendmenton behalf of itself or himself, after and its or his respective heirs, estates, trustees, beneficiaries, successors, predecessors, assigns, subsidiaries, principals, directors, officers, insurers, Associates and Affiliates (the date hereof “Mill Road Releasors”), hereby do remise, release and forever discharge, and covenant not to xxx or take any rights Employee steps to pursue or further any Legal Proceeding against, the Company has under any optionsor its successors, restrictive stock units or warrants to purchase predecessors, assigns, subsidiaries, principals, directors, officers, director candidates, insurers, Associates and Affiliates (the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the “Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each otherReleasees”), and each of their respective agentsthem, spousesfrom and in respect of any and all claims and causes of action, employeeswhether based on any federal, state or foreign law or right of action, direct, indirect or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, that all or any of the Mill Road Releasors have, had or may have against the Company Releasees, or any of them, of any kind, nature or type whatsoever, from the beginning of time to the date of this Agreement; provided, however, that the foregoing release shall not release any rights or duties under this Agreement or any claims or causes of action that the Mill Road Releasors may have for the breach or enforcement of any provision of this Agreement. (b) The Company on behalf of itself and its successors, predecessors, assigns, subsidiaries, principals, directors, officers, directorsdirector candidates, shareholdersinsurers, attorneysAssociates and Affiliates (the “Company Releasors”), counsel hereby do remise, release and affiliates fromforever discharge, and (ii) agree and covenant not to institutexxx or take any steps to pursue or further any Legal Proceeding against, submit, file or bring, or permit to be instituted, submitted, filed or brought on his any of the members of Mill Road or its behalf against or his respective heirs, estates, trustees, beneficiaries, successors, predecessors, assigns, subsidiaries, principals, directors, officers, insurers, Associates and Affiliates (the other “Mill Road Releasees”), and each of them, from and in any court, administrative agency, or other forum, respect of any and all manner claims and causes of action, whether based on any federal, state or foreign law or right of action, direct, indirect or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, that all or any of the Company Releasors have, had or may have against the Mill Road Releasees, or any of them, of any kind, nature or type whatsoever, from the beginning of time to the date of this Agreement; provided, however, that the foregoing release shall not release any rights or duties under this Agreement or any claims or causes of action that the Company Releasors may have for the breach or enforcement of any provision of this Agreement. (c) Each Party hereto represents and warrants that it has not heretofore transferred or assigned, or purported to transfer or assign, to any person, firm or corporation any claims, charges, complaints, demands, actionsobligations, losses, causes of action, suitsdamages, rights, debts, dues, sums of moneypenalties, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, attorneys’ fees, liabilities or indemnities herein released. Each of the Parties hereto represents and warrants that neither it nor any assignee has filed any lawsuit against any other Party. (d) Each Party hereto waives any and all other claims of every kind, nature and description whatsoever rights (including attorneys' fees and costs), whether known or unknown, either at to the extent permitted by state law, federal law, principles of common law or any other law) that may have the effect of limiting the releases in equitythis Section 5. Without limiting the generality of the foregoing, each Party hereto acknowledges that there is a risk that the damages and costs that it believes it has suffered or mixedwill suffer may turn out to be other than or greater than those now known, suspected or believed to be true. Facts on which each Party hereto has been relying in entering into this Agreement may later turn out to be other than or different from those now known, suspected or believed to be true. Each Party hereto acknowledges that either ever hadin entering into this Agreement, now has, or can, shall, or may have, against it has expressed that it agrees to accept the other by reason of, on account of, or arising out risk of any mattersuch possible unknown damages, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unassertedfacts, arising from employment with or separation from the Companydemands, actions and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety causes of action. Each Party hereto acknowledges and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood agrees that the releases contained here and covenants provided for in this Section 5 are GENERAL RELEASES. In binding, unconditional and final as of the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendmentdate hereof.

Mutual Releases. Except for rights arising under Effective upon the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Settlement Date, Employeeeach of DISH and EchoStar Corporation, for themselves and on the one handbehalf of their respective predecessors, successors, heirs, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remiseassigns, and discharge each otherall of their respective Affiliates (as defined below), and each of their these entities’ respective past, present and future directors, officers, shareholders, agents, spouses, employees, attorneys, consultants and representatives (collectively, the “DISH Releasors”), and each of Rainbow and Cablevision, for themselves and on behalf of their respective predecessors, successors, heirs and assigns, and all of their respective Affiliates, and each of these entities’ respective past present and future directors, officers, directors, shareholders, agents, employees, attorneys, counsel consultants and affiliates fromrepresentatives (the “Rainbow Releasors,” and together with the DISH Releasors, the “Releasing Parties”) hereby completely and (ii) agree forever release, discharge and covenant not to instituteacquit each other, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rightsdebts, debtsliabilities, judgments, executions, dues, sums of moneydamages, costspenalties, lossesobligations, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims and demands of every conceivable kind, nature and description whatsoever (including attorneys' fees and costs), whether now known or unknown, either at law, whether in law or in equity, whether liquidated or mixedunliquidated, that either which any of the Releasing Parties ever had, now has, or canmay ever claim to have relating to, shall, or may have, against the other by reason of, on account arising out of, or arising out in connection with the Joint Venture and/or the Lawsuit. Notwithstanding the foregoing, each of the Releasing Parties retains and does not release or waive any matterclaims that may arise under the License Purchase Agreement (or any Ancillary Agreement, cause or thing whatsoeveras defined therein), which has happened, developedthe AMC/MSG Affiliation Agreement, or occurred before the Effective Date including but not limited to Interest Transfer Agreement (A) any and all claimsthe “Transaction Agreements”), asserted or unassertedeach as described in Section 1 above. As used herein, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendment.“

Mutual Releases. Except (a) Effective upon the Settlement Effective Time, the GLBL Parties, for rights arising under themselves and on behalf of their respective trustees, executors, estates, heirs and assigns (the Agreement, as amended by this Amendment, after the date hereof “GLBL Releasing Parties”) hereby fully and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) forever release, remisedischarge and acquit SunEdison and SunEdison’s trustees, executors, estates, heirs and discharge each otherassigns, and each of their respective current and former partners, agents, spouses, employees, officers, directors, shareholdersemployees, representatives, attorneys, counsel successors and affiliates frompredecessors, in each case solely in their capacities as such (other than GLBL and TERP) (iithe “SunEdison Released Parties”) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leasesjudgments, doingsexecutions, omissionsrights, damages, executionscosts, obligationsexpenses, liabilities, and expensesclaims, and any and all other claims demands and causes of action of every kind, nature and description whatsoever character whatsoever, at law or in equity, whether based on contract (including attorneys' fees and costsincluding, without limitation, quasi contract or estoppel), whether statute, regulation, tort (including, without limitation, intentional torts, fraud, misrepresentation, defamation, breaches of fiduciary duty, recklessness, gross negligence, willful misconduct or negligence) or otherwise, accrued or unaccrued, known or unknown, either at lawmatured, in equityunmatured, liquidated or mixedunliquidated, certain or contingent (collectively, “Claims”), that either the GLBL Releasing Parties ever had, now has, or can, shall, have or may have, hereafter have against the other SunEdison Released Parties for, upon or by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) beginning of the Age Discrimination in Employment Act, world through the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common lawSettlement Effective Time, including but not limited to claims the GLBL Claims; provided that the GLBL Releasing Parties do not release, discharge or suits for intentional interference with contractual relations, breach of acquit the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, SunEdison Released Parties from (Ci) any indebtedness Claim to enforce, or alleged indebtedness between Employee for damages for breach of, this Agreement, the Jointly Supported Transaction Agreement, the Voting and either CompanySupport Agreement, (Dany agreement not rejected or terminated pursuant to Section 2(c) any vacation, leave or other accruals, and (E) any other action or grievance against the other party2(e), or any other contract, instrument, release or other agreement or document created or entered into in connection with this Agreement or the Jointly Supported Transaction, or (ii) the Preserved Comprehensive Unsecured Claim and the Preserved Renova Unsecured Claims, or (iii) any Claim against any direct or indirect subsidiary of its SunEdison Inc that is not a SunEdison Party and that commences any action or proceeding with respect to a Claim against a GLBL Released Party (as defined below) other than a Claim described in the proviso in Section 4(b)(i) below. (b) Effective upon the Settlement Effective Time, the SunEdison Parties, for themselves and on behalf of their respective trustees, executors, estates, heirs and assigns (the “SunEdison Releasing Parties”) hereby fully and forever release, discharge and acquit GLBL and GLBL’s trustees, executors, estates, heirs and assigns, and each of their respective current and former partners, agents, spouses, employees, officers, directors, shareholdersemployees, representatives, attorneys, counsel successors and affiliatespredecessors, based in each case solely in their capacities as such (other than SunEdison and TERP) (the “GLBL Released Parties”) from any and all Claims that the SunEdison Releasing Parties ever had, now have or may hereafter have against the GLBL Released Parties for, upon or by reason of any conduct matter, cause or thing whatsoever, which has happenedfrom the beginning of the world through the Settlement Effective Time, developedincluding but not limited to the SunEdison Claims; provided that the SunEdison Releasing Parties do not release, discharge or acquit the GLBL Released Parties from (i) any Claim to enforce or for damages for breach of, this Agreement, the Jointly Supported Transaction Agreement, the Voting and Support Agreement, any agreement not rejected or terminated pursuant to Section 2(c) and 2(e), or occurred before any contract, instrument, release or other agreement or document created or entered into in connection with this Agreement or the Jointly Supported Transaction or (ii) any Claim against any direct or indirect subsidiary of GLBL Inc that is not a GLBL Party and that commences any action or proceeding with respect to a Claim against a SunEdison Released Party (as defined below) other than a Claim described in the proviso in Section 4(a)(i) or 4(a)(ii) above. (c) The Parties hereby agree to hold in abeyance any and all discovery requests related to (i) any Claims released in this Section 4 unless and until this Agreement is terminated in accordance with its terms, and (ii) the Preserved Comprehensive Unsecured Claim until the Approval Order has been entered; provided that the SunEdison Parties reserve the right to make discovery requests relating to Claims brought against SunEdison by entities other than the GLBL Releasing Parties and, subject to the potential applicability of the automatic stay, the GLBL Parties reserve the right to make discovery requests relating to Claims brought against GLBL by entities other than the SunEdison Releasing Parties. (d) Notwithstanding anything to the contrary in this Section 4, the Parties’ rights, if any, to access any insurance policies, including those under which SunEdison or GLBL is insured, or the proceeds thereof in their respective capacities as insureds thereunder, including, but not limited to, (i) directors’ and officers’ insurance policies, (ii) employee liability insurance policies, (iii) property, casualty and liability insurance policies and (iv) module and other warranty insurance policies, shall not be affected or diminished by this Agreement (even if Claims related thereto are released against the SunEdison Released Parties or the GLBL Released Parties pursuant to this Agreement), and the rights and defenses of all Parties are reserved with respect thereto. (e) For the avoidance of doubt, nothing in this Agreement is intended, or shall be construed, to release any Claims by or on behalf of (i) the GLBL Parties against GLBL’s own current and former partners, agents, officers, directors, employees, representatives, attorneys, successors and predecessors acting in their capacities as such (regardless of whether such persons are or were also officers, directors or employees of SunEdison), or (ii) the SunEdison Parties against SunEdison’s own current and former partners, agents, officers, directors, employees, representatives, attorneys, successors and predecessors acting in their capacities as such (regardless of whether such persons are or were also officers, directors or employees of GLBL). (f) Effective Date. It upon the entry of the Approval Order, the GLBL Releasing Parties hereby fully and forever release, discharge and acquit any Buyer of any and all renewable energy projects owned by SunEdison (the “SunEdison Projects”) from any and all Claims arising out of, in connection with, or relating to their acquisition of such SunEdison Projects (which shall include, without limitation, the release and waiver of any right of first offer or similar rights held by the GLBL Releasing Parties in connection with any SunEdison Projects, and shall extend to the SunEdison Project companies themselves); provided that it is expressly agreed and understood that stipulated that, prior to the Settlement Effective Time upon which time the releases in Section 4(a) shall become effective, such releases and waivers shall not reduce, diminish or modify GLBL’s Claims against the Debtors in the Chapter 11 Cases in any respect, with such Claims to be treated as if such releases and waivers were never granted, other than any acquisition of SunEdison Projects in connection with such Buyer’s or its affiliates’ direct or indirect acquisition of all or a part of the equity or assets of GLBL or TERP (under a sale, plan of reorganization, plan of liquidation or otherwise). For purposes of this Section 4(f), “Buyer” means any prospective or actual third-party buyer of a SunEdison Project. Notwithstanding anything to the contrary in this Agreement, the releases contained here are GENERAL RELEASES. In in this Section 4(f) shall survive the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation termination of this AmendmentAgreement.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, (a) Effective as of the Effective DateClosing (but for the avoidance of doubt, Employeewithout prejudice to any rights arising in respect of this Agreement or any other Operative Agreement), the Investor, on behalf of itself and, to the extent legally empowered to do so, its past and present officers, managers, directors, Subsidiaries and Affiliates, and each of their respective successors and assigns (collectively, the “Investor Releasors”), hereby irrevocably releases, acquits and forever discharges, to the fullest extent permitted by Law, the Issuer and each of its past and present officers, managers, directors, stockholders, Subsidiaries, Affiliates and other Representatives (each, an “Issuer Releasee”) of, from and against any and all actions, causes of action, claims, demands, damages, judgments, liabilities, debts, dues and suits of every kind, nature and description whatsoever, whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, foreseen or unforeseen, existing or hereafter arising, which any Investor Releasor ever had, now has or may have or claim to have against any Issuer Releasee, whether arising in law, equity or otherwise, to the extent arising out of, resulting from or relating to any matters or Events occurring on or prior to the Closing, in any way relating to the Issuer or its Affiliates, the Restructuring, the Amended SPA (including any rights or claims with respect to Section 8.13 thereof), the Binding Term Sheet or the Consent Solicitation and Disclosure Statement (collectively, the “Investor’s Released Claims”). Notwithstanding anything to the contrary contained in this Section 11.9(a), Investor Released Claims shall not include any claims any Investor Releasor may have against any Issuer Releasee pursuant to (i) any other Contract (including an Operative Agreement) to which the Investor or any of its Affiliates, on the one hand, and the Company Issuer or any of its Affiliates, on the other hand, hereby fullyis a party, forever(ii) any indemnification or similar agreement relating to such Investor Releasor’s position as a director or officer of the Issuer or any of its Subsidiaries or (iii) any indemnification provisions contained in the certificate of incorporation or bylaws (or equivalent governing documents) of the Issuer or any of the Issuer’s Subsidiaries or under applicable Law. (b) Effective as of the Closing (but for the avoidance of doubt, irrevocably without prejudice to any rights arising in respect of this Agreement or any other Operative Agreement), the Issuer, on behalf of itself and, to the extent legally empowered to do so, its past and unconditionally (i) releasepresent officers, remisemanagers, directors, Subsidiaries and discharge each otherAffiliates, and each of their respective agentssuccessors and assigns (collectively, spousesthe “Issuer Releasors”), employeeshereby irrevocably releases, acquits and forever discharges, to the fullest extent permitted by Law, the Investor and each of its past and present officers, managers, directors, shareholdersstockholders, attorneysSubsidiaries, counsel Affiliates and affiliates fromother Representatives (each, an “Investor Releasee”) of, from and (ii) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, any and all manner of claims, charges, complaints, demands, actions, causes of action, suitsclaims, rightsdemands, damages, judgments, liabilities, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, dues and expenses, and any and all other claims suits of every kind, nature and description whatsoever (including attorneys' fees and costs)whatsoever, whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, either at lawforeseen or unforeseen, in equityexisting or hereafter arising, or mixed, that either which any Issuer Releasor ever had, now has, or can, shall, has or may havehave or claim to have against any Investor Releasee, against whether arising in law, equity or otherwise, to the other by reason extent arising out of, resulting from or relating to any matters or Events occurring on account ofor prior to the Closing, in any way relating to the Investor or arising out of any matterits Affiliates, cause or thing whatsoeverthe Restructuring, which has happened, developed, or occurred before the Effective Date including but not limited to Amended SPA (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any rights or claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Actwith respect to Section 8.13 thereof), the Older Workers Benefit Protection Act, Binding Term Sheet or the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety Consent Solicitation and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 Disclosure Statement and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims Mr. Xxxxxxx Xxxxxx’x service as a director or suits for intentional interference with contractual relations, breach officer of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, Issuer or any of its respective agentsAffiliates (collectively, spousesthe “Issuer’s Released Claims”). Notwithstanding anything to the contrary contained in this Section 11.9(b), employeesIssuer’s Released Claims shall not include any claims any Issuer Releasor may have against any Investor Releasee pursuant to any other Contract (including an Operative Agreement) to which the Investor or any of its Affiliates, officerson the one hand, directorsand the Issuer or any of its Affiliates, shareholderson the other hand, attorneysis a party. (c) From and after the Closing, counsel (a) the Investor agrees not to, and affiliatesagrees to cause each Investor Releasor not to, based assert any Investor’s Released Claims against the Issuer Releasees and (b) the Issuer agrees not to, and agrees to cause each Issuer Releasor not to, assert any Issuer’s Released Claims against the Investor Releasees. Notwithstanding anything contained in this Agreement to the contrary, (i) the provisions contained in this Section 11.9 shall terminate upon any conduct whatsoevertermination of this Agreement and (ii) each Investor Releasor and Issuer Releasor retains, which has happenedand does not release, developedwaive or limit in any manner its respective rights and interests under the terms and conditions of this Agreement. For the avoidance of doubt, or occurred before and notwithstanding anything contained in this Agreement to the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that contrary, no breach of any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim provision in this Agreement shall be dismissed immediately upon presentation released, waived or limited pursuant this Section 11.9, irrespective of whether the matter or Event giving rise to such breach of this AmendmentAgreement occurred on or prior to the Closing.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof (a) Each of GFE and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, EmployeeGFV, on the one handbehalf of itself and its Subsidiaries, and the Company on the other hand, does hereby fully, forever, irrevocably and unconditionally (i) forever release, remise, discharge and discharge each other, and acquit each of GF Productions, Xxxxxxx, Xxxxxx Xxxxxxx Xx., Xxxxxx Xxxxxxx III and their respective agents, spouses, employees, officers, directors, shareholdersemployees, attorneysagents, representatives and legal counsel and affiliates from(collectively, and (iithe “Xxxxxxx Release Parties”) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of Actions, whether class, derivative or individual in nature, in law or in equity for indemnity or otherwise, suits, debts, liens, commitments, contracts, agreements, obligations, premises, Liabilities, claims, charges, complaints, demands, actionsdamages, causes of action, suits, rights, debts, dues, sums of moneylosses, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and or expenses, and of any and all other claims of every kindkind or nature whatsoever, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at lawsuspected or unsuspected, in equityfixed or contingent (collectively the “Claims”) based upon, arising from, or mixedin any way connected with or related to any act, that either ever had, now hasomission, or canstate of facts taken or existing on and/or prior to the execution of this Agreement. Notwithstanding the foregoing, shallneither GFE nor GFV is releasing hereunder any of the Xxxxxxx Release Parties with respect to any claims arising under the terms of this Agreement, the Registration Rights Agreement, the NationsHealth Agreement or may have, against the other by reason ofTransaction Documents. (b) Each of GF Productions and Xxxxxxx, on account ofdoes hereby forever release, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to discharge and acquit (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amendedi) the Age Discrimination in Employment ActGFE Parties, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety their respective Subsidiaries and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its their respective agents, spouses, employees, officers, directors, shareholdersemployees, attorneysagents, representatives and legal counsel and affiliates(ii) Xxxxxxx Xxxxxxxx from all Claims based upon, based upon any conduct whatsoever, which has happened, developedarising from, or occurred before in any way connected with or related to any act, omission or state of facts taken or existing on and/or prior to the Effective Dateexecution of this Agreement. It Notwithstanding the foregoing, Xxxxxxx is expressly agreed and understood that not releasing hereunder GFE or GFV with respect to any claims arising under the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxxterms of this Agreement, the claim shall be dismissed immediately upon presentation Registration Rights Agreement (except for a waiver of this Amendmentthe rights described in Section 4(b) hereof), the NationsHealth Agreement or the other Transaction Documents.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as (a) As of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, and each of Seller and Guarantor hereby releases Buyer, CSFB Hong Kong and all of their respective agents, spouses, employees, former and current officers, directors, employees, shareholders, agents, representatives, advisors, attorneys, counsel and accountants, parents, subsidiaries, affiliates from, and (ii) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any predecessors and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at law, in equity, or mixed, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out successors of any matterof the foregoing (collectively, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A"Buyer Releasees") from any and all claims, asserted actions, cause of action, demands and charges of whatever nature, known or unassertedunknown, including actual, consequential, punitive and other damages, that either of them has or may have against any of the Buyer Releasees relating to or arising from employment the Agreement, the HK Agreement, any Transaction, any HK Transaction, any Security subject to any Transaction or HK Transaction, any other repurchase agreement to which Seller is a party with Buyer or separation any other Buyer Releasee, and all related documents and transactions. (b) As of the Effective Date, Buyer hereby releases Seller, Guarantor and all of their former and current officers, directors, employees, shareholders, agents, representatives, advisors, attorneys, accountants, parents, subsidiaries, affiliates and any predecessors and successors of any of the foregoing (collectively, the "Seller Releasees") from any and all claims, actions, cause of action, demands and charges of whatever nature, known or unknown, including actual, consequential, punitive and other damages, that it has or may have against any of the Seller Releasees relating to or arising from the CompanyAgreement, the HK Agreement, any Transaction, any HK Transaction, any Security subject to any Transaction or HK Transaction, any other repurchase agreement to which Buyer is a party with Seller or any other Seller Releasee, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under all related documents and transactions (all as amended) the Age Discrimination in Employment Actcollectively, the Older Workers Benefit Protection Act"Buyer Claims"); PROVIDED, the National Labor Relations ActHOWEVER, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (Bthat this Section 11(b) those arising under common law, including but shall not limited be deemed to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, release WREI or any of its respective agents, spouses, employees, officers, directors, employees, shareholders, agents, representatives, advisors, attorneys, counsel accountants, parents, subsidiaries, affiliates and affiliatesany predecessors and successors of any of the foregoing, based upon in each case in their respective capacities as such, from any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this AmendmentBuyer Claims.

Mutual Releases. Except In consideration of the provisions of this Agreement: a. Xxxxxxxxx, for rights arising under the Agreementhimself and on behalf of his heirs, as amended by this Amendmentrepresentatives, after the date hereof and any rights Employee or the Company has under any optionsassigns (collectively, restrictive stock units or warrants “Releasor”), hereby remises, covenants not to purchase sxx, forever discharges, and absolutely and irrevocably releases, the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, and each of their respective agentsits past and present affiliates, spousessubsidiaries, representatives, employees, officersattorneys, directors, shareholders, attorneys, counsel and affiliates fromofficers, and assigns (ii) agree collectively, the “Releasees”), from any and covenant not to instituteall claims whatsoever of every kind and nature, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forumincluding without limitation, any and all manner of claims, charges, complaintsrights, demands, actionssuits, causes of action, suitslosses, rightsdamages, debts, dues, sums of moneyfees, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilitiesamounts, liabilities and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at lawsuspected or unsuspected, in equityfixed or contingent, direct or mixed, indirect that either ever had, now Releasor has, or can, shallhad, or may havehave had against Releasees, against from the other by reason ofbeginning of time to the Date of this Agreement. NOTHING IN THIS RELEASE SHALL RELEASE THE RELEASEES FROM THEIR OBLIGATIONS PURSUANT TO THIS AGREEMENT, THE ADDITIONAL SETTLEMENT DOCUMENTS OR THE STIPULATION OF SETTLEMENT. IN THE EVENT OF THE TERMINATION OF THE SETTLEMENT AND PURCHASE AGREEMENT IN ACCORDANCE WITH ITS TERMS, THIS RELEASE SHALL FORTHWITH BECOME VOID AND SHALL BE OF NO EFFECT WHATSOEVER. b. The Company, for itself and on account ofbehalf of each of its past and present affiliates, or arising out subsidiaries, representatives, employees, directors, officers, and assigns (collectively, “Releasor”), hereby remises, covenants not to sxx, forever discharges, and absolutely and irrevocably releases Mxxxxxxxx and his heirs, representatives, and assigns (collectively, the “Releasees”), from any and all claims whatsoever of any matterevery kind and nature, cause or thing whatsoeverincluding without limitation, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted rights, demands, suits, causes of action, losses, damages, fees, costs, obligations, amounts, liabilities and expenses, known or unassertedunknown, arising from employment with suspected or separation unsuspected, fixed or contingent, direct or indirect that Releasor has, had, or may have had against Releasees, from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) beginning of time to the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation Date of this AmendmentAgreement. NOTHING IN THIS RELEASE SHALL RELEASE THE RELEASEES FROM THEIR OBLIGATIONS PURSUANT TO THIS AGREEMENT, THE ADDITIONAL SETTLEMENT DOCUMENTS OR THE STIPULATION OF SETTLEMENT. IN THE EVENT OF THE TERMINATION OF THE SETTLEMENT AND PURCHASE AGREEMENT IN ACCORDANCE WITH ITS TERMS, THIS RELEASE SHALL FORTHWITH BECOME VOID AND SHALL BE OF NO EFFECT WHATSOEVER.

Mutual Releases. Except for rights arising under (a) For valuable consideration, the Agreementreceipt and sufficiency of which is hereby acknowledged, as amended Executive does hereby release and discharge, to the maximum extent permitted by this Amendmentlaw, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one handits directors and officers acting in such capacities, and the Company on the other hand, hereby fully, forever, irrevocably its attorneys and unconditionally (i) release, remise, and discharge each other, and each of their respective agentsheirs, spousesexecutors, employeesadministrators, officerssuccessors and assigns (collectively, directors, shareholders, attorneys, counsel and affiliates from, and (iithe “Company Releasees”) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, notes, bonds, warrants, bills, specialties, covenants, contracts, controversies, agreements, liabilities, obligations, undertakings, promises, leases, doings, omissions, damages, executionsclaims and demands whatsoever, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at in law, in equityadmiralty or equity which against them or any of them, or mixedExecutive and his heirs, that either executors and administrators ever had, now has, have or in the future can, shall, shall or may have, against any of the other Company Releasees for, upon or by reason of, on account of, or arising out of any matter, cause or thing whatsoeverarising from the beginning of the world to the date of this Release; provided, however, nothing in this Section 12(a) shall in any manner reduce, release or otherwise affect any of the Company’s obligations under this Agreement or any indemnification agreement to which has happenedthe Company and Executive are parties. (b) For valuable consideration, developedthe receipt and sufficiency of which is hereby acknowledged, or occurred before the Effective Date including but not limited Company does hereby release and discharge, to the maximum extent permitted by law, Executive and his heirs, executors, administrators, successors and assigns (Acollectively, the “Executive Releasees”) from any and all claimsactions, asserted or unassertedcauses of action, arising from employment with or separation from the Companysuits, debts, sums of money, accounts, reckonings, notes, bonds, warrants, bills, specialties, covenants, contracts, controversies, agreements, liabilities, obligations, undertakings, promises, damages, claims and specifically including any claims under any federaldemands whatsoever, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort in law, statute, order, rule, regulation admiralty or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance equity which against the other party, them or any of them, the Company and its respective agentssuccessors and assigns ever had, spousesnow have or in the future can, employeesshall or may have, officersagainst any of the Executive Releasees for, directorsupon or by reason or any matter, shareholderscause or thing arising from the beginning of the world to the date of this Release; provided, attorneyshowever, counsel and affiliatesnothing in this Section 12(b) shall in any manner reduce, based upon release or otherwise affect any conduct whatsoever, which has happened, developed, of the Executive’s obligations under this Agreement or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or indemnification agreement to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this AmendmentCompany and Executive are parties.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants Subject to purchase the Company’s common stock held by Employee, as of the Effective Date, EmployeeSection 5 below, on the one handApproval Date, for other good and valuable consideration provided herein, the Parties hereby grant each other full, mutual releases as follows: a. The Debtors, their respective estates, any subsequent chapter 7 trustee and any party (including the Committee) purporting to bring claims or causes of action derivately or on behalf of the Debtors or their estates, each on behalf of itself and, as applicable, its direct and indirect, past and present subsidiaries, members, partners, representatives, agents, financial advisors, industry experts/advisors, attorneys, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each otherjoint venturers, and each of their respective agentspredecessors, spousessuccessors and assigns, fully and forever releases and shall be deemed to have fully and forever released the Lender Releasees, and each of their respective direct and indirect parent companies, subsidiaries and Affiliates, each of their respective predecessors, successors, and assigns, and all of each of their respective past and present employees, general partners, limited partners, officers, directors, shareholdersmanagers and Covered Professionals (in each case, other than the Lender Releasees, only in their capacity as such), from any and all claims (including in respect of any derivative claim by any third party), obligations, suits, judgments, damages, demands, debts, rights, causes of action, liabilities, matters, liens, mortgages, security interests, pledges, encumbrances, privileges, priorities or issues, from the beginning of the world until the Approval Date, that arise from, or are based on, connected with, alleged in or related in any way to the Debtors, the Cases, the Pre-Petition ABL Credit Agreement (including loans made to any Debtor thereunder), the DIP Credit Agreement (including loans made to any Debtor thereunder), the Committee’s Notice of Potential Claims or otherwise could have been raised during the applicable Challenge Period with respect to the foregoing, whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, foreseen or unforeseen, foreseeable or unforeseeable, in law, equity or otherwise (collectively, the “Debtor Released Claims”), which in each case are fully and forever discharged, waived, released and settled. b. Each of the Lender Releasees, and each of their respective representatives and agents (in each case, only in their capacity as such), fully and forever releases and shall be deemed to have fully and forever released the Debtors and the Committee, in each case including, as applicable, its direct and indirect, past and present subsidiaries, members, partners, representatives, agents, financial advisors, industry experts/advisors, attorneys, counsel and affiliates joint venturers, and each of their respective predecessors, successors and assigns, and each of their respective direct and indirect parent companies, subsidiaries and Affiliates, each of their respective predecessors, successors, and assigns, and all of each of their respective past and present employees, general partners, limited partners, officers, directors, managers and Covered Professionals (in each case, other than the Debtors and the Committee, only in their capacity as such), from any and all claims (including in respect of any derivative claim by any third party) (in each case, only in their capacity as such), from any and all claims, obligations, suits, judgments, damages, demands, debts, rights, causes of action, liabilities, matters, liens, mortgages, security interests, pledges, encumbrances, privileges, priorities or issues, from the beginning of the world until the Approval Date, that arise from, or are based on, connected with, alleged in or related in any way to the Debtors, the Cases, the Pre-Petition ABL Credit Agreement (including loans made to any Debtor thereunder), the DIP Credit Agreement (including loans made to any Debtor thereunder), the Committee’s Notice of Potential Claims or otherwise could have been raised during the applicable Challenge Period with respect to the foregoing, whether liquidated or unliquidated, fixed or contingent, matured or unmatured, known or unknown, foreseen or unforeseen, foreseeable or unforeseeable, in law, equity or otherwise. c. The Parties shall request that the Approval Order provide, among other things (it being understood and (ii) agree agreed that the inclusion of such language is a condition to the effectiveness of this Settlement Agreement): “ORDERED that all Non-Settling Parties are hereby permanently barred, enjoined and covenant not to instituterestrained from commencing, submit, file or bringprosecuting, or permit to be institutedasserting in this Court, submitted, filed or brought on his or its behalf against the other in any federal or state court, or in any other court, arbitration proceeding, administrative agency, or other forumforum in the United States or elsewhere any claim for non-contractual indemnity or contribution against any of the Lender Releasees (including any other non-contractual claim against the Lender Releasees, whether or not denominated as for contribution or indemnity, where the injury to the Non-Settling Party is the liability of the Non-Settling Party to the Plaintiff (as defined below)), arising out of or reasonably flowing from the Debtor Released Claims, whether arising under state, federal or foreign law as claims, cross-claims, counterclaims, or third-party claims (collectively, the “Barred Claims”). If a court or tribunal determines that Barred Claims exist that would have given rise to liability of any of the Lender Releasees to a Non-Settling Party but for this Order, the Non-Settling Party is also entitled to the judgment reduction provisions set forth herein. This Order (the “Bar Order”) is without prejudice to the position of any party as to the existence, in the absence of this Bar Order, of any Barred Claim; and it is further “ORDERED that in the event any person acting on behalf of the Debtors’ estates, including any successor to the Debtors including any chapter 7 trustee, any committee appointed in the bankruptcy cases or any estate representative appointed or selected pursuant to section 1123(b)(3) of the Bankruptcy Code (any of the above, a “Plaintiff”) asserts a claim against any Non-Settling Party with respect to one or more causes of action based upon, arising from, or related to the facts, allegations, or transactions underlying any of the Debtor Released Claims (the “Action”), then, as soon as practicable but, in any event, prior to entry of any judgment or arbitration award (“Judgment”) in the Action, the Plaintiff shall provide notice of this Bar Order to the court or tribunal hearing the Action if the Action is reasonably related to the Barred Claims. Such court or tribunal shall determine whether the Action gives rise to Barred Claims on which the Lender Releasees would have been liable to the Non-Settling Party in the absence of this Bar Order. If the court or tribunal so determines, it shall reduce any Judgment against such Non-Settling Party in an amount equal to (a) the amount of the Judgment against any such Non-Settling Party times (b) the aggregate proportionate share of fault (expressed as a percentage) of the Lender Releasees that would have been liable on a Barred Claim in the absence of this Bar Order expressed as a percentage of the aggregate fault of (i) the Non-Settling Party, (ii) such Lender Releasee or Releasees, and (iii) all manner other Persons determined by such court or tribunal to be liable to the Plaintiff in connection with the Action, whether or not such Persons are sued in such Action. Nothing herein shall prejudice or operate to preclude the right of claimsany defendant in such Action to (i) provide notice of this Bar Order to the court or tribunal hearing the Action at any point, chargesor (ii) raise any issues, complaintsclaims or defenses regarding judgment reduction or proportionate share of fault in the court or tribunal hearing the Action at any point in accordance with this Bar Order; and it is further “ORDERED that nothing in this Bar Order shall prejudice or operate to preclude the rights of any Non-Settling Party to assert any claims or causes of action (including, demandswithout limitation, actions, any direct or personal claims or causes of action), suitsother than claims for non-contractual indemnity or contribution against any of the Lender Releasees as set forth above; and it is further “ORDERED that if any Plaintiff enters into a settlement with any Person with respect to one or more causes of action based upon, rightsarising from, debtsor related to the Debtor Released Claims or any transaction underlying any Debtor Released Claim, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilitiesthen such Plaintiff shall use reasonable efforts to cause to be included, and expensesin all events, the settlement shall be deemed to include, a dismissal, release and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at law, in equity, or mixed, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out waiver of any matterBarred Claims with respect to such settlement; and it is further “ORDERED that each Plaintiff is hereby enjoined and restrained from seeking relief or collecting judgments against any Non-Settling Party in any manner that fails to conform to the terms of this Bar Order, cause or thing whatsoeverincluding, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Actwithout limitation, the Older Workers Benefit Protection Actproportionate judgment reduction provision set forth herein; and it is further “ORDERED that this Court shall retain continuing jurisdiction with respect to all matters concerning this Bar Order, the National Labor Relations Actincluding, the Fair Labor Standards Actwithout limitation, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims hearing a petition for relief by a Non-Settling Party or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In party in interest in the event that any party institutes any action hereby released a court or tribunal hearing the Action fails to which he or it has agreed not to xxx, apply the claim shall be dismissed immediately upon presentation judgment reduction provisions of this AmendmentBar Order.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, Effective as of the Effective Datefull execution of this Settlement Agreement and payment to Cytogen of the Settlement Amount pursuant to Section 1, Employeeabove, in consideration of the settlement of the Lawsuit and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject only to the proviso contained in the second sentence of this Release, the Parties, on the one handbehalf of themselves and their parents, subsidiaries, affiliates, predecessors, successors and assigns, and all past and present officers, directors, employees, shareholders, agents, servants, attorneys and other representatives of any of the Company on the other handforegoing (including persons or entities controlling, hereby controlled by or under common control with Cytogen or AMI), fully, foreverfinally, unconditionally, irrevocably and unconditionally (i) release, remise, forever release and discharge each other, and each of their respective agents, spouses, employees, other’s past and present officers, directors, shareholdersemployees, agents, servants, attorneys, counsel and affiliates frominsurers, and other representatives (ii) agree including but not limited to Jxxxxx Xxxxxxxxx and covenant not to instituteMxxxxxx Xxxxxx), submitand all heirs, file or bringexecutors, or permit to be institutedadministrators, submittedpredecessors, filed or brought on his or its behalf against successors, affiliates and assigns of any of the other in any courtforegoing (the “Released Parties”), administrative agency, or other forum, from any and all manner of claims, charges, complaints, demands, actionsliabilities, causes of action, rights of action and actions, demands, suits, rightsproceedings, debts, dues, sums of moneydamages, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, fees and expenses, and any and all other claims claims, demands and liabilities whatsoever, of every kindname and nature, nature both at law and description whatsoever (including attorneys' fees and costs)in equity, whether known or unknown, either at lawsuspected or unsuspected (collectively, in equity“Claims”), or mixedincluding, that either ever hadwithout limiting the generality of the foregoing, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted Claims which Cytogen or unasserted, arising from employment with AMI now has or separation from ever had against the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common lawother, including but not limited to claims Claims arising from or suits for intentional interference with contractual relationsrelating, breach directly or indirectly, to any of the implied covenant of good faith and fair dealingallegations contained in the Complaint and/or Counterclaims filed in the Lawsuit. Notwithstanding anything to the contrary in the preceding sentence, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness nothing in this Release shall release Cytogen or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other partyAMI, or any of its respective agentsthe Released Parties, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon for any conduct whatsoever, Claim which has happened, developed, or occurred before one party may have against the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation other for breach of this AmendmentSettlement Agreement or for any wrong or breach arising out of any act, omission or conduct which occurs after the date of this Settlement Agreement.

Mutual Releases. Except (a) Purchaser and ATRM, for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as benefit of the Effective DateSellers, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, Principal and each of their respective agents, spouses, employees, officers, directors, shareholdersstockholders, agents, affiliates, employees, attorneys, counsel advisors and affiliates fromassigns, past and present, in their capacity as such (each Seller, the Principal, and (ii) agree each such other person or entity, a “Seller Released Person”), hereby forever fully waives, discharges and covenant releases, and covenants not to institutesxx, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against any of the other in any court, administrative agency, or other forum, Seller Released Persons for any and all manner of claims, charges, complaints, demands, actions, causes of action, suitsactions, judgments, liens, debts, contracts, indebtedness, damages, losses, liabilities, rights, debtsinterests and demands of whatsoever kind or character (collectively, dues“Claims”), sums of moneybased on any event, costsfact, lossesact, accountsomission, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs)or failure to act by the Seller Released Persons, whether known or unknown, either at lawoccurring or existing prior to the execution of this Agreement, in equity, or mixed, that either ever had, now has, or can, shall, or may have, against relating to the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common lawPurchase Agreement, including but not limited to claims or suits for intentional interference Claims with contractual relations, breach of respect to (i) a working capital shortfall at the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slanderclosing, (Cii) any indebtedness or alleged indebtedness between Employee and either Companythe collectability of accounts receivable, (Diii) any vacation, leave or other accrualsadditional audit expense incurred, and (Eiv) work that Purchaser has or will perform on behalf of the Sellers and the Principal under excluded contracts retained by the Sellers after the closing, including the contracts related to the Nxxxxx Court Project and the Trinity Project, subject to Section 1(c) above; provided, however, this waiver and release and covenant not to sxx shall not include any other action Claims arising out of or grievance against the other partyrelated to any obligations under, or any breach of, this Agreement. (b) The Sellers and the Principal, for the benefit of its respective agents, spouses, employees, Purchaser and ATRM and each of their officers, directors, shareholdersstockholders, agents, affiliates, employees, attorneys, counsel advisors and affiliatesassigns, past and present, in their capacity as such (Purchaser, ATRM and each such other person or entity, a “Purchaser Released Person”), hereby forever fully waives, discharges and releases, and covenants not to sxx, any of the Purchaser Released Persons for any and all Claims based upon on any conduct whatsoeverevent, which has happenedfact, developedact, omission, or occurred before failure to act by the Effective Date. It is expressly agreed Purchaser Released Persons, whether known or unknown, occurring or existing prior to the execution of this Agreement, relating to the Purchase Agreement and understood that the releases contained here are GENERAL RELEASES. In Original Seller Note, including but not limited to Claims with respect to unpaid principal and accrued and unpaid interest under the event that any party institutes any action hereby released or to which he or it has agreed Original Seller Note; provided, however, this waiver and release and covenant not to xxxsxx shall not include any Claims arising out of or related to any obligations under, or breach of, this Agreement or the claim shall be dismissed immediately upon presentation of this AmendmentNew Seller Note.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as a. Effective upon Plaintiffs’ receipt of the Effective DateInitial Settlement Payment and closing of the Transfer, EmployeePlaintiffs, for themselves and on the one handbehalf of each of their members, partners, trustees, beneficiaries, directors, officers, controlled affiliates, subsidiaries, executors, administrators, agents, employees, representatives, attorneys, successors, heirs, and assigns (the Company on the other hand“Plaintiff Releasing Parties”), hereby fully, forever, irrevocably release and unconditionally (i) release, remise, and forever discharge each otherDefendants, and each of their respective past and present companies, parents, members, partners, trustees, shareholders, directors, officers, affiliates, subsidiaries, executors, administrators, agents, spouses, employees, officers, directors, shareholdersrepresentatives, attorneys, counsel successors, heirs, beneficiaries and affiliates fromassigns (collectively, and (ii) agree and covenant not to institutethe “Defendant Released Parties”), submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of past, present and future claims, chargesdemands, complaintsdamages, demandsrights, actions, causes of action, suits, rightscontracts, debtsagreements, dues, sums of money, costs, lossesobligations, accounts, reckoningsdefenses, covenantsoffsets and liabilities of any kind or character whatsoever, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at lawdiscovered or undiscovered, in equitysuspected or unsuspected, asserted or unasserted, arising from or related to the Lawsuit, the MIPA, the Transactions, the Greenbrook Shares, the investor rights agreement dated July 14, 2022, between Greenbrook and Xxxxx (the “IRA”), the registration rights agreement dated July 14, 2022, between Greenbrook and Xxxxx (the “RRA”), or mixedXxxxx’x employment agreement with the Greenbrook dated July 14, that either 2022 (the “EA”) or Xxxxx’x interests in or relationships with Greenbrook (as a former shareholder, officer, director, employee or otherwise), which the Plaintiff Releasing Parties ever had, now has, or can, shall, or may have, might hereafter have against the other Defendant Released Parties, whether arising at law or in equity by reason of, on account of, or arising out of any matter, cause cause, happening or thing whatsoeverfrom the beginning of time through and including the date of execution of this Agreement; provided, which has happened​ however, developedthat the Plaintiff Releasing Parties shall not release any claims arising from any breach of any obligations under this Agreement or under the Assignment and Assumption Agreement or the Excluded Claims. b. Effective upon dismissal of the Lawsuit and the valid and proper return to Greenbrook of the Greenbrook Shares and the Escrowed Shares, or occurred before in each case in a form satisfactory to the Effective Date including but not limited to Transfer Agent, Defendants for themselves and on behalf of each of their members, partners, trustees, directors, officers, controlled affiliates, subsidiaries, executors, administrators, agents, employees, representatives, attorneys, successors, heirs, and assigns (A) the “Defendant Releasing Parties”), hereby releases and forever discharges Plaintiffs, and each of their past and present companies, parents, members, partners, trustees, shareholders, directors, officers, affiliates, subsidiaries, executors, administrators, agents, employees, representatives, attorneys, successors, heirs, beneficiaries and assigns (collectively, the “Plaintiff Released Parties”), from any and all past, present and future claims, demands, damages, rights, actions, causes of action, suits, contracts, agreements, obligations, accounts, defenses, offsets and liabilities of any kind or character whatsoever, known or unknown, discovered or undiscovered, suspected or unsuspected, asserted or unasserted, arising from employment or related to the Lawsuit, the MIPA, the Transactions, the IRA, the RRA, the EA, or Xxxxx’x interests in or relationships with Greenbrook (as a former shareholder, officer, director, employee or separation otherwise), which the Defendant Releasing Parties ever had, now has, or might hereafter have against the Plaintiff Released Parties, whether arising at law or in equity by reason of any matter, cause, happening or thing from the Companybeginning of time through and including the date of execution of this Agreement; provided, however, that the Defendant Releasing Parties shall not release any claims arising from any breach of any obligations under this Agreement or under the Assignment and Assumption Agreement or the Excluded Claims. c. Notwithstanding the foregoing, the releases in this paragraph shall not limit claims with respect to (i) Sections 5.10, 5.11, 6.2(c) (excluding as it relates the Payroll Taxes which shall be borne by Greenbrook in accordance with this Agreement), 6.2(d), 6.2(e) and/or Article VIII of the MIPA (ii) Sections 8 and 9 of the EA (to the extent relating to actions outside the State of New Jersey) and Section 10 of the EA and (iii) the director indemnity agreement between the Greenbrook and Xxx Xxxxx, and specifically any other rights to indemnification which Xxxxxxxx Xxxxx may have pursuant to the governing documents of Greenbrook or its subsidiaries (the “Excluded Claims”). d. Each Plaintiff Releasing Party and Defendant Releasing Party understands that it may later discover claims or facts that may be different from, or in addition to, those that it or any other Plaintiff Releasing Party or Defendant Releasing Party now knows or believes to exist regarding the subject matter of the release contained in this Paragraph 8 and which, if known at the time of signing this Agreement, may have materially affected this Agreement and such Party's decision to enter into it and grant the release contained in this Paragraph 8. Nevertheless, each Plaintiff Releasing Party and Defendant Releasing Party intends to fully, finally and forever settle and release all claims that now exist, may exist, or previously existed, as set out in the release contained in this Paragraph 8, whether known or unknown, foreseen or unforeseen, or suspected or unsuspected, and the release given herein is and will remain in effect as a complete release, notwithstanding the discovery or existence of such additional or different facts. Each Plaintiff Releasing Party and Defendant Releasing Party hereby waives any right or claim that might arise as a result of such different or additional claims or facts. e. Except for the representations and warranties contained in this Agreement or Article IV of the Assignment and Assumption Agreement, neither Plaintiff, Defendant nor any other Person has made or makes any express or implied representation or warranty, either written or oral, on behalf of themselves, with respect to any matter, including without limitation, the Greenbrook Shares, the Greenbrook Shares value, the business operations or future plans or prospects of Greenbrook, any of the transactions contemplated by the Assignment and Assumption Agreement or the accuracy or completeness of any information, documents or material regarding such matters or any other matters furnished or made available to such Party or their Representatives in any form (including any claims under any federalinformation, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pensiondocuments, or tort lawmaterial made available in Greenbrook’s virtual data room maintained ​ ​ by Firmex on behalf of Greenbrook), statuteor as to the operations, ordercondition or value, rulefuture revenue, regulation profitability, or public policysuccess of Greenbrook or of the TMS centers operated under the Assigned Leases (as defined in the Assignment and Assumption Agreement), or any representation or warranty arising from statute or otherwise at law or in equity notwithstanding the delivery or disclosure to the other Party of any materials, documentation or other information during the negotiation process. Each Party hereto specifically disclaims that they are relying upon or have relied upon any such representation or warranty that may have been made by any other Party hereto or any other Person, and acknowledges and agrees that each Party hereto has specifically disclaimed and do hereby specifically disclaim any such representation or warranty made by any other Party hereto or any other Person, including without limitation, any representation or warranty regarding the Greenbrook Shares, the Greenbrook Shares value, the business operations or future plans or prospects of Greenbrook, any of the transactions contemplated by the Assignment and Assumption Agreement or the accuracy or completeness of any information, documents or material regarding such matters or any other matters furnished or made available to such Party or their Representatives in any form (including any information, documents, or material made available in Greenbrook’s virtual data room maintained by Firmex on behalf of Greenbrook), or as to the operations, condition or value, future revenue, profitability, or success of Greenbrook or of the TMS centers operated under the Assigned Leases (as defined in the Assignment and Assumption Agreement), or any representation or warranty arising from statute or otherwise at law or in equity notwithstanding the delivery or disclosure to the other Party of any materials, documentation or other information during the negotiation process. f. The Plaintiffs hereby confirm and agree that they are sophisticated investors who are capable of assessing and assuming the investment risks related to the relinquishment of Greenbrook Shares (including the Escrowed Shares) as contemplated by this Agreement, and each Plaintiff further acknowledges and understands that the Defendants are in possession of material non-public information (“MNPI”) about Greenbrook, including, but not limited to, those arising under its business, financial condition and prospects (all as amended) the Age Discrimination in Employment Actincluding, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to, certain potential transactions that Defendants have disclosed to claims the Plaintiffs), and that Greenbrook has not yet publicly disclosed its financial results or suits published its financial statements for intentional interference with contractual relationsthe three and six months ended June 30, breach 2024, and each of the implied covenant Plaintiffs hereby expressly waives any right to receipt of good faith such MNPI that has not previously been disclosed to them and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) waives any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other partyclaim, or potential claim, any Plaintiff may have against any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASESDefendants relating thereto. In addition, each of the event Plaintiffs hereby confirms and agrees that each such Plaintiff shall keep strictly confidential any party institutes any action hereby released or such MNPI that has been disclosed by the Defendants to which he or it the Plaintiffs, unless and until such MNPI has agreed not to xxx, been publicly disclosed by the claim shall be dismissed immediately upon presentation of this Amendment.Company. ​ ​

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, Effective as of the Effective Datefull execution of this Settlement Agreement and payment to Cytogen of the Settlement Amount pursuant to Section 1, Employeeabove, in consideration of the settlement of the Lawsuit and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and subject only to the proviso contained in the second sentence of this Release, the Parties, on the one handbehalf of themselves and their parents, subsidiaries, affiliates, predecessors, successors and assigns, and all past and present officers, directors, employees, shareholders, agents, servants, attorneys and other representatives of any of the Company on the other handforegoing (including persons or entities controlling, hereby controlled by or under common control with Cytogen or AMI), fully, foreverfinally, unconditionally, irrevocably and unconditionally (i) release, remise, forever release and discharge each other, and each of their respective agents, spouses, employees, other’s past and present officers, directors, shareholdersemployees, agents, servants, attorneys, counsel and affiliates frominsurers, and other representatives (ii) agree including but not limited to Xxxxxx Xxxxxxxxx and covenant not to instituteXxxxxxx Xxxxxx), submitand all heirs, file or bringexecutors, or permit to be institutedadministrators, submittedpredecessors, filed or brought on his or its behalf against successors, affiliates and assigns of any of the other in any courtforegoing (the “Released Parties”), administrative agency, or other forum, from any and all manner of claims, charges, complaints, demands, actionsliabilities, causes of action, rights of action and actions, demands, suits, rightsproceedings, debts, dues, sums of moneydamages, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, fees and expenses, and any and all other claims claims, demands and liabilities whatsoever, of every kindname and nature, nature both at law and description whatsoever (including attorneys' fees and costs)in equity, whether known or unknown, either at lawsuspected or unsuspected (collectively, in equity“Claims”), or mixedincluding, that either ever hadwithout limiting the generality of the foregoing, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted Claims which Cytogen or unasserted, arising from employment with AMI now has or separation from ever had against the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common lawother, including but not limited to claims Claims arising from or suits for intentional interference with contractual relationsrelating, breach directly or indirectly, to any of the implied covenant of good faith and fair dealingallegations contained in the Complaint and/or Counterclaims filed in the Lawsuit. Notwithstanding anything to the contrary in the preceding sentence, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness nothing in this Release shall release Cytogen or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other partyAMI, or any of its respective agentsthe Released Parties, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon for any conduct whatsoever, Claim which has happened, developed, or occurred before one party may have against the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation other for breach of this AmendmentSettlement Agreement or for any wrong or breach arising out of any act, omission or conduct which occurs after the date of this Settlement Agreement.

Mutual Releases. Except In consideration of the provisions of this Agreement: x. Xxxxxxxxx, for rights arising under the Agreementhimself and on behalf of his heirs, as amended by this Amendmentrepresentatives, after the date hereof and any rights Employee or the Company has under any optionsassigns (collectively, restrictive stock units or warrants "Releasor"), hereby remises, covenants not to purchase xxx, forever discharges, and absolutely and irrevocably releases, the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, and each of their respective agentsits past and present affiliates, spousessubsidiaries, representatives, employees, officersattorneys, directors, shareholders, attorneys, counsel and affiliates fromofficers, and assigns (ii) agree collectively, the "Releasees"), from any and covenant not to instituteall claims whatsoever of every kind and nature, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forumincluding without limitation, any and all manner of claims, charges, complaintsrights, demands, actionssuits, causes of action, suitslosses, rightsdamages, debts, dues, sums of moneyfees, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilitiesamounts, liabilities and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at lawsuspected or unsuspected, in equityfixed or contingent, direct or mixed, indirect that either ever had, now Releasor has, or can, shallhad, or may havehave had against Releasees, against from the other by reason ofbeginning of time to the Date of this Agreement. NOTHING IN THIS RELEASE SHALL RELEASE THE RELEASEES FROM THEIR OBLIGATIONS PURSUANT TO THIS AGREEMENT, THE ADDITIONAL SETTLEMENT DOCUMENTS OR THE STIPULATION OF SETTLEMENT. IN THE EVENT OF THE TERMINATION OF THE SETTLEMENT AND PURCHASE AGREEMENT IN ACCORDANCE WITH ITS TERMS, THIS RELEASE SHALL FORTHWITH BECOME VOID AND SHALL BE OF NO EFFECT WHATSOEVER. b. The Company, for itself and on account ofbehalf of each of its past and present affiliates, or arising out subsidiaries, representatives, employees, directors, officers, and assigns (collectively, "Releasor"), hereby remises, covenants not to xxx, forever discharges, and absolutely and irrevocably releases Xxxxxxxxx and his heirs, representatives, and assigns (collectively, the "Releasees"), from any and all claims whatsoever of any matterevery kind and nature, cause or thing whatsoeverincluding without limitation, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted rights, demands, suits, causes of action, losses, damages, fees, costs, obligations, amounts, liabilities and expenses, known or unassertedunknown, arising from employment with suspected or separation unsuspected, fixed or contingent, direct or indirect that Releasor has, had, or may have had against Releasees, from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) beginning of time to the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation Date of this AmendmentAgreement. NOTHING IN THIS RELEASE SHALL RELEASE THE RELEASEES FROM THEIR OBLIGATIONS PURSUANT TO THIS AGREEMENT, THE ADDITIONAL SETTLEMENT DOCUMENTS OR THE STIPULATION OF SETTLEMENT. IN THE EVENT OF THE TERMINATION OF THE SETTLEMENT AND PURCHASE AGREEMENT IN ACCORDANCE WITH ITS TERMS, THIS RELEASE SHALL FORTHWITH BECOME VOID AND SHALL BE OF NO EFFECT WHATSOEVER.

Mutual Releases. Except for rights arising under For and in consideration of the transactions contemplated in this Agreement and the execution of the Restated Non-Competition Agreement, as amended the receipt and sufficiency of which is hereby acknowledged, the parties hereby grant the following mutual releases: 1. Company/Partnership Release The Company and the Partnership (collectively, the "Company Releasors") hereby release and forever discharge Xxxxxxxxx, his agents, servants, employees, heirs and assigns, and all other persons, firms and corporations with whom and which he is, was, or in the future may be, related or affiliated, both directly and indirectly (collectively, the "Xxxxxxxxx Releasees"), from any and all claims, demands, actions and causes of action, and all liability whatsoever (collectively "Losses,") on account of or in any manner arising or to arise out of actions or inactions by this Amendment, after the Xxxxxxxxx Releasees at any time before the date hereof and any rights Employee hereof, whether released or indemnified against under this Agreement, the by-laws of the Company, the Partnership's Limited Partnership Agreement or the Company has under any optionsContribution Agreement; excluding, restrictive stock units or warrants to purchase the Company’s common stock held by Employeehowever, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) releasethe enforceability of the covenants, remiserepresentations and warranties under the terms of this Agreement; (ii) the enforceability of the Restated Non-Competition Agreement; (iii) the willful misconduct or gross negligence of the Xxxxxxxxx Releasees, which is injurious to the Company and/or the Partnership; (iv) the Xxxxxxxxx Releasees conviction of, or plea of guilty to, a felony; (v) actions which are ultra xxxxx or otherwise outside the scope of Xxxxxxxxx'x authority as chief executive officer and/or director of the Company; and (vi) acts of dishonesty or fraud by the Xxxxxxxxx Releasees with respect to the Company and/or the Partnership; provided, however, that the foregoing exclusions (i) through (vi) shall not apply to those activities, transactions and matters by, between and among the Company Releasors and the Xxxxxxxxx Releasees ("Activities") which prior to the Effective Date have been disclosed by the Xxxxxxxxx Releasees to the Company Releasors other than new facts with respect to such Activities which were not disclosed to the Company Releasors prior to the date hereof. The execution of this instrument by the Company Releasors releases the Xxxxxxxxx Releasees of and from all Losses, known or unknown at the time of the execution of this instrument, which have resulted or may hereafter result, or which may hereafter be discovered, and discharge each otherwhich relate in any way to the subject matter of this Section 9.a. 2. Xxxxxxxxx Release Xxxxxxxxx, and each of their respective his agents, spousesservants, employees, heirs and assigns, and all other persons, firms and corporations with whom and which he is, was, or in the future may be, related or affiliated, both directly and indirectly (collectively the "Xxxxxxxxx Releasors"), hereby release and forever discharge the Company, the Partnership, their respective officers, directors, shareholderstrustees and employees and other persons, attorneysfirms and corporations with whom and which they are, counsel were, or in the future may be, related or affiliated, both directly and affiliates fromindirectly (collectively, the "Company Releasees") from any and all Losses on account of or in any manner arising or to arise out of actions or inactions by the Company Releasees at any time before the date hereof, whether indemnified against under the Contribution Agreement or this Agreement; excluding, however, (i) the enforceability of the covenants, representations and warranties made by the Company Releasees under the terms of this Agreement or the Contribution Agreement, and (ii) agree the indemnification provisions contained in this Agreement, the by-laws of the Company and covenant not to institutethe Limited Partnership Agreement of the Partnership. The execution of this instrument by the Xxxxxxxxx Releasees releases the Company Releasees of and from all Losses, submitknown or unknown at the time of the execution of this instrument, file which have resulted or bringmay hereafter result, or permit to which may hereafter be instituteddiscovered, submitted, filed or brought on his or its behalf against the other and which relate in any court, administrative agency, or other forum, any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at law, in equity, or mixed, that either ever had, now has, or can, shall, or may have, against way to the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation subject matter of this AmendmentSection 9.b.

Mutual Releases. Except 2.1. In consideration for rights arising under the performance of the covenants and agreements set forth in the MOU, the Escrow Agreement, as amended by and this AmendmentFinal Settlement Agreement, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each otherParty for itself, and each of their its respective predecessors, successors, heirs, affiliates assigns, principals, members, directors, officers, employees, parent entities, subsidiary entities, representatives, agents, attorneys, accountants, spouses, employeesrelatives and each of them (collectively, “Releasing Parties”), hereby releases, relieves, waives, relinquishes and discharges the other Party and its respective predecessors, heirs, successors, assigns, affiliates, principals, members, directors, officers, directorsemployees, shareholdersparent entities, subsidiary entities, representatives, agents, attorneys, counsel accountants, spouses, relatives and affiliates fromeach of them (collectively, “Released Parties”), of and (ii) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, duesdeficiencies, liabilities, demands, claims, obligations, costs, expenses, fees (including attorneys’ fees and costs), sums of money, costslosses, lossescontroversies, damages, accounts, reckonings, covenantsset offs, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of recoupment or indemnity, security interests and liens of every kind, kind or nature and description whatsoever (including attorneys' fees and costs)whatsoever, whether known or unknown, either at lawsuspected or unsuspected, fixed or contingent, matured or unmatured, liquidated or unliquidated, in tort, in contract or otherwise, which relate to or arise out of the Litigation, the Master Lease, the Assignment, the Membership Pledge and Security Agreement dated July 30, 2021, or the Security Agreement dated July 30, 2021 (the “Releases”), which Releases will become effective on NHI Landlord’s receipt of the Escrow Fund. When the Releases are effective, the Releasing Parties shall be deemed to relinquish, to the extent applicable and to the full extent permitted by law or equity, or mixedthe provisions, that either ever hadrights, now has, or can, shall, or may have, against and benefits of Section 1542 of the other by reason of, on account of, or arising out of any matter, cause or thing whatsoeverCalifornia Civil Code, which has happenedstates that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, developedIF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Nothing in this Section 2.1 shall operate to release or occurred before the Effective Date including but not limited to (A) discharge any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits claim for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this AmendmentFinal Settlement Agreement.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employeex. Xxxxxxxx, on the one handbehalf of itself and of its affiliates, covenants not to xxx, waives, releases, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally forever discharges: (i) releaseFIMI; (ii) FIMI’s controlling persons, remisesubsidiaries, affiliates, representatives, predecessors, successors, and discharge each otherassigns (collectively, with FIMI, the "FIMI Entities"); and (iii) the FIMI Entities’ past, present, and each of their respective agents, spouses, employees, future officers, directors, shareholderspartners, attorneysmanagers, counsel and affiliates frommembers, employees, agents, and attorneys (ii) agree collectively, with FIMI and covenant not to institutethe FIMI Entities, submitthe "FIMI Released Parties"), file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of claims, chargesduties, complaintsobligations, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenantssuits, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, and liabilities, and expenses, and any and all other claims of every whatever kind, nature and description whatsoever (including attorneys' fees and costs)nature, character, or description, whether known or unknown, either at lawand whether anticipated or unanticipated, in equity, which Bronicki or mixed, that either any Bronicki Released Parties (as defined below) ever had, now has, or can, shall, or may have, will ever have against the other by reason ofFIMI Released Parties, on account of, or arising out of or relating in any matterway to OTEC and its affiliates, cause or thing whatsoeverthe Purchase Agreement, which has happenedthe Shareholders Agreement and the ORIX Purchase Agreement, developedincluding the Call Option, its exercise, and including, without limitation, all claims that were made, or occurred before could have been made in connection therewith. b. FIMI, on behalf of itself and of its affiliates, covenants not to xxx, waives, releases, and forever discharges: (i) Bronicki; (ii) Bronicki's shareholders, subsidiaries, affiliates, predecessors, successors, representatives, and assigns, including in their capacities as directors and officers in OTEC and its affiliates (collectively with Bronicki, the Effective Date including but not limited to "Bronicki Entities"); and (Aiii) the Bronicki Entities’ past, present, and future officers, directors, partners, managers, members, employees, agents, and attorneys (collectively, with Bronicki and the Bronicki Entities, the "Bronicki Released Parties"), from any and all claims, asserted or unassertedduties, arising from employment with or separation from the Companyobligations, demands, actions, causes of action, debts, sums of money, suits, contracts, agreements, promises, damages, and specifically including any claims under any federalliabilities, state or local laborof whatever kind, employmentnature, discrimination, human rights, civil rights, wage/hour, pensioncharacter, or tort lawdescription, statutewhether known or unknown, orderand whether anticipated or unanticipated, rulewhich FIMI or any FIMI Released Parties ever had, regulation now has, or public policywill ever have against the Bronicki Released Parties arising out of or relating in any way to OTEC and its affiliates (which includes in this Settlement Agreement, for the removal of any doubt, Ormat Industries Ltd.), the Purchase Agreement, the Shareholders Agreement and the ORIX Purchase Agreement, including but not limited the Call Option, its exercise, and including, without limitation, all claims that were made, or could have been made in connection therewith. c. The Parties hereby acknowledge that the consequences of the foregoing Mutual Releases have been explained to each of FIMI and Bronicki by their respective counsel. The Parties further acknowledge that FIMI and/or Bronicki may hereafter discover facts different from, or in addition to, those arising under (all as amended) which it now knows or believes to be true with respect to the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963matters released herein, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of Parties agree that this Agreement and the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases Mutual Releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim herein shall be dismissed immediately upon presentation of this Amendmentand remain effective in all respects notwithstanding such different or additional facts or the discovery thereof.

Mutual Releases. Except for rights arising under (a) Each of the AgreementCMS Parties, as amended by this Amendmenton behalf of themselves and their respective heirs, after estates, trustees, beneficiaries, successors, predecessors, assigns, subsidiaries, principals, directors, officers, associates and affiliates (the date hereof “CMS Releasors”), hereby do remise, release and forever discharge, and covenant not to xxx or take any rights Employee steps to pursue or further any lawsuit, claim or proceeding before any court (collectively, “Proceeding”) against the Company has under any optionsor its successors, restrictive stock units or warrants to purchase predecessors, assigns, subsidiaries, principals, directors, officers, associates and affiliates (the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the “Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each otherReleasees”), and each of their respective agentsthem, spousesfrom and in respect of any and all claims and causes of action, employeeswhether based on any federal, state or foreign law or right of action, direct, indirect or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, which all or any of the CMS Releasors have, had or may have against the Company Releasees, or any of them, of any kind, nature or type whatsoever, up to the date of this Agreement; provided, however, that the foregoing release shall not release any rights and duties under this Agreement or any claims or causes of action the CMS Releasors may have for the breach or enforcement of any provisions of this Agreement; provided, further, that nothing in the foregoing release shall diminish or adversely affect the rights of any of the CMS Parties to assert claims, or defenses to claims, relating to services rendered or agreements entered into with the Company prior to December 1, 2013. (b) The Company, on behalf of itself and its successors, predecessors, assigns, subsidiaries, principals, directors, officers, directors, shareholders, attorneys, counsel associates and affiliates from(the “Company Releasors”), hereby do remise, release and (ii) agree forever discharge, and covenant not to institutexxx or take any steps to further any Proceeding against the CMS Parties or their respective heirs, submitestates, file trustees, beneficiaries, successors, predecessors, assigns, subsidiaries, principals, directors, officers, associates and affiliates (the “CMS Releasees”), and each of them, from and in respect of any and all claims and causes of action, whether based on any federal, state or bringforeign law or right of action, direct, indirect or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, which all or any of the Company Releasors have, had or may have against the CMS Releasees, or permit any of them, of any kind, nature or type whatsoever, up to be institutedthe date of this Agreement; provided, submittedhowever, that the foregoing release shall not release any rights and duties under this Agreement or any claims or causes of action the Company Releasors may have for the breach or enforcement of any provisions of this Agreement; provided, further, that nothing in the foregoing release shall diminish or adversely affect the rights of any of the Company Releasors to assert claims, or defenses to claims, relating to services rendered or agreements entered into with any of the CMS Parties prior to December 1, 2013. (c) Each of the Parties represents and warrants that it has not heretofore transferred or assigned, or purported to transfer or assign, to any person, firm, or corporation any claims, demands, obligations, losses, causes of action, damages, penalties, costs, expenses, attorneys’ fees, liabilities or indemnities herein released. Each of the Parties represents and warrants that neither it nor any assignee has filed or brought on his or its behalf any lawsuit against the other in any court, administrative agency, or other forum, Party. (d) Each of the Parties waives any and all manner rights (to the extent permitted by state law, federal law, principles of common law or any other law) which may have the effect of limiting the releases as set forth in this Section 6. Without limiting the generality of the foregoing, Each of the Parties acknowledges that there is a risk that the damages and costs which they believe they have suffered or will suffer may turn out to be other than or greater than those now known, suspected, or believed to be true. Facts on which they have been relying in entering into this Agreement may later turn out to be other than or different from those now known, suspected or believed to be true. Each of the Parties acknowledges that in entering into this Agreement, they have expressed that they agree to accept the risk of any such possible unknown damages, claims, charges, complaintsfacts, demands, actions, and causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at law, in equity, or mixed, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach . Each of the implied covenant of good faith Parties acknowledges and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood agrees that the releases contained here and covenants provided for in this Section 6 are GENERAL RELEASES. In binding, unconditional and final as of the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendmentdate hereof.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as In consideration of the Effective Dateprovisions of this Agreement: (a) Each of the K Capital Parties (on behalf of itself, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, of its Affiliates and each of their respective agentssuccessors and assigns) hereby releases and forever discharges the Company and each and all of its directors, spousesofficers, employees, officerssubsidiaries, directorsagents, shareholdersrepresentatives, attorneys, counsel legal and affiliates fromfinancial advisors and Affiliates, and (ii) agree any heirs, executors, administrators, successors and covenant not to instituteassigns of any such Persons, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, any and from all manner of claims, charges, complaints, demands, actions, causes of action, proceedings, suits, rightsclaims, debts, duesdamages, judgments, sums of money, costs, losses, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, leasesvariances, doingstrespasses, omissionsinjuries, damagesxxxxx, remedies, extents, executions, obligationsliens, liabilitiesliabilities and demands whatsoever, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs)in law or equity, whether known or unknown, either at lawwhich any of the K Capital Parties and their Affiliates, in equity, successors or mixed, that either assigns ever had, now has, has or hereafter can, shall, shall or may have, against the other for, upon, or by reason of, on account of, or arising out of any matter, cause or thing whatsoever from the beginning of the world to the date of this Agreement, other than any claims arising out of or relating to the negotiation, execution or performance of this Agreement. (b) The Company (on behalf of itself, each of its Affiliates and each of their respective successors and assigns) hereby releases and forever discharges each of the K Capital Parties and each and all of their respective directors, officers, employees, subsidiaries, agents, managers, representatives, legal and financial advisors and Affiliates, and any heirs, executors, administrators, successors and assigns of any such Persons, from all actions, causes of action, proceedings, suits, claims, debts, damages, judgments, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, injuries, xxxxx, remedies, extents, executions, liens, liabilities and demands whatsoever, in law or equity, whether known or unknown, which the Company and its Affiliates ever had, now has happenedor hereafter can, developedshall or may have, for, upon, or occurred before by reason of any matter, cause or thing whatsoever from the Effective Date including but not limited beginning of the world to the date of this Agreement, other than any claims arising out of or relating to the negotiation, execution or performance of this Agreement. (Ac) Nothing in this Agreement shall be deemed to limit, release or waive the right of any party hereto to enforce any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation terms of this AmendmentAgreement.

Mutual Releases. Except for rights arising under (a) Effective upon Plaintiffs receipt of the entirety of the Settlement Payment in accordance with the terms of this Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each otherPlaintiff, and each of their respective its companies, parents, affiliates, subsidiaries, executors, administrators, agents, spousesdirectors, officers, partners, employees, officersshareholders, representatives, insurers, trustees, attorneys, successors, heirs, beneficiaries and assigns (the “Plaintiff Releasing Parties”), hereby releases and forever discharges Defendant, and each of its past and present companies, parents, members, affiliates, subsidiaries, executors, administrators, agents, directors, officers, partners, employees, shareholders, representatives, insurers, trustees, attorneys, counsel predecessors, successors, beneficiaries and affiliates fromassigns (collectively, and (ii) agree and covenant not to institutethe “Defendant Released Parties”), submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of past, present and future claims, chargesdemands, complaintsdamages, demandsrights, actions, causes of action, suits, rightscontracts, debtsagreements, dues, sums of money, costs, lossesobligations, accounts, reckoningsdefenses, covenantsoffsets and liabilities of any kind or character whatsoever, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at lawdiscovered or undiscovered, in equitysuspected or unsuspected, asserted or mixedunasserted, that either arising from or directly related to the Note and/or the Lawsuit, which the Plaintiff Releasing Parties ever had, now has, or can, shall, or may have, might hereafter have against the other Defendant Released Parties, whether arising at law or in equity by reason of, on account of, or arising out of any matter, cause cause, happening or thing whatsoeverfrom the beginning of time through and including the date of this Agreement; provided, which has happenedhowever, developedthat the Plaintiff Releasing Parties shall not release any claims arising from any breach of any obligations under this Agreement. (b) Effective upon Plaintiff’s timely receipt of the entirety of the Settlement Payment, or occurred before Defendant, and each of its companies, parents, affiliates, subsidiaries, executors, administrators, agents, directors, officers, partners, employees, shareholders, representatives, insurers, trustees, attorneys, successors, heirs, beneficiaries and assigns (the Effective Date including but not limited to “Defendant Releasing Parties”), hereby releases and forever discharges Plaintiff, and each of its past and present companies, parents, members, affiliates, subsidiaries, executors, administrators, agents, directors, officers, partners, employees, shareholders, representatives, insurers, trustees, attorneys, predecessors, successors, beneficiaries and assigns (A) collectively, the “Plaintiff Released Parties”), from any and all past, present and future claims, demands, damages, rights, actions, causes of action, suits, contracts, agreements, obligations, accounts, defenses, offsets and liabilities of any kind or character whatsoever, known or unknown, discovered or undiscovered, suspected or unsuspected, asserted or unasserted, arising from employment with or separation directly related to the Note and/or the Lawsuit, which the Defendant Releasing Parties ever had, now has, or might hereafter have against the Plaintiff Released Parties, whether arising at law or in equity by reason of any matter, cause, happening or thing from the Company, beginning of time through and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation date of this AmendmentAgreement.

Mutual Releases. Except for rights arising under Upon the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as occurrence of the Release Effective Date: (a) The Trust, Employeefor itself and Adelphia and, on to the one handextent legally empowered to do so, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, and each of also for their respective present and former subsidiaries, parents, affiliates, insurers, controlled companies, agents, spousesrepresentatives, employeestrustees, officers, directors, shareholdersemployees, attorneysprincipals, counsel partners, members, predecessors, successors, assigns, transferees, heirs, executors, administrators and affiliates fromattorneys (collectively, the “Adelphia Releasors”), for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, fully, finally and forever release, relinquish, and (ii) agree discharge each Bank Defendant and covenant not to instituteits present and former subsidiaries, submitparents, file or bringaffiliates, or permit to be institutedinsurers, submittedcontrolled companies, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at law, in equity, or mixed, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spousesrepresentatives, employeestrustees, officers, directors, shareholdersemployees, principals, partners, members, predecessors, successors, assigns, transferees, heirs, executors, administrators and attorneys, counsel all solely in their capacities as such (collectively, the “Bank Defendant Releasees”), from the Adelphia Released Claims; provided, however, that nothing herein shall constitute a release of any Bank Defendant’s obligations under this Agreement. For the avoidance of any doubt, the Trust Preserved Claims are not released, discharged or affected in any way as a result of this Agreement. (b) WITH RESPECT TO ANY AND ALL XXXXXXXX RELEASED CLAIMS, THE ADELPHIA RELEASORS AGREE THAT, UPON THE RELEASE EFFECTIVE DATE, THEY EXPRESSLY WAIVE THE PROVISIONS, RIGHTS AND BENEFITS OF CALIFORNIA CIVIL CODE § 1542 AND ANY PROVISIONS, RIGHTS AND BENEFITS CONFERRED BY ANY LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES OR PRINCIPLE OF COMMON LAW WHICH IS SIMILAR, COMPARABLE OR EQUIVALENT TO CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: 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. THE ADELPHIA RELEASORS ACKNOWLEDGE THAT THEY MAY HEREAFTER DISCOVER FACTS IN ADDITION TO OR DIFFERENT FROM THOSE THAT THEY NOW KNOW OR BELIEVE TO BE TRUE WITH RESPECT TO THE SUBJECT MATTER OF THE ADELPHIA RELEASED CLAIMS, BUT THE ADELPHIA RELEASORS SHALL EXPRESSLY HAVE FULLY, FINALLY AND FOREVER SETTLED, RELEASED AND DISCHARGED ANY AND ALL XXXXXXXX RELEASED CLAIMS, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, CONTINGENT OR NON-CONTINGENT, WHETHER OR NOT CONCEALED OR HIDDEN, WHICH NOW EXIST, OR HERETOFORE HAVE EXISTED UPON ANY THEORY OF LAW OR EQUITY NOW EXISTING OR COMING INTO EXISTENCE IN THE FUTURE, INCLUDING, BUT NOT LIMITED TO, CONDUCT WHICH IS NEGLIGENT, RECKLESS, INTENTIONAL, WITH OR WITHOUT MALICE, OR A BREACH OF ANY DUTY, LAW OR RULE, WITHOUT REGARD TO THE SUBSEQUENT DISCOVERY OR EXISTENCE OF SUCH DIFFERENT OR ADDITIONAL FACTS. (c) Each Bank Defendant, for itself and, to the extent legally empowered to do so, for its present and former subsidiaries, parents, affiliates, insurers, controlled companies, agents, representatives, trustees, officers, directors, employees, principals, partners, members, predecessors, successors, assigns, transferees, heirs, executors, administrators and attorneys (collectively, the “Bank Defendant Releasors”), for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, fully, finally and forever releases, relinquishes, and discharges the Trust, Adelphia, and their present and former subsidiaries, parents, affiliates, insurers, controlled companies, agents, representatives, trustees, officers, directors, employees, principals, partners, members, predecessors, successors, assigns, transferees, heirs, executors, administrators and attorneys (except for BIPC (as defined below)), all solely in their capacities as such, except for any Rigas Entity (collectively, the “Adelphia Releasees”) from the Bank Released Claims; provided, however, that nothing herein shall constitute a release of Xxxxxxxx’s or the Trust’s obligations under this Agreement. For the avoidance of any doubt, the Bank Preserved Claims are not released, discharged or affected in any way (except as provided in Section 2(g)) as a result of this Agreement. (d) The Bank Defendant Releasors, for good and valuable consideration, receipt and sufficiency of which are hereby acknowledged, fully, finally and forever release, relinquish, and discharge each Bank Defendant Releasee from the Inter-Bank Released Claims; provided, however, that nothing herein shall constitute a release of the Bank Defendants’ obligations under this Agreement. (e) WITH RESPECT TO ANY AND ALL BANK RELEASED CLAIMS AND INTER-BANK RELEASED CLAIMS, THE BANK DEFENDANT RELEASORS AGREE THAT, UPON THE RELEASE EFFECTIVE DATE, THE BANK DEFENDANT RELEASORS EXPRESSLY WAIVE THE PROVISIONS, RIGHTS AND BENEFITS OF CALIFORNIA CIVIL CODE § 1542 AND ANY PROVISIONS, RIGHTS AND BENEFITS CONFERRED BY ANY LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES OR PRINCIPLE OF COMMON LAW WHICH IS SIMILAR, COMPARABLE OR EQUIVALENT TO CALIFORNIA CIVIL CODE § 1542, WHICH PROVIDES: 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. THE BANK DEFENDANT RELEASORS ACKNOWLEDGE THAT THEY MAY HEREAFTER DISCOVER FACTS IN ADDITION TO OR DIFFERENT FROM THOSE THAT THEY NOW KNOW OR BELIEVE TO BE TRUE WITH RESPECT TO THE SUBJECT MATTER OF THE BANK RELEASED CLAIMS AND/OR THE INTER- BANK RELEASED CLAIMS, BUT THE BANK DEFENDANT RELEASORS SHALL EXPRESSLY HAVE FULLY, FINALLY AND FOREVER SETTLED, RELEASED AND DISCHARGED ANY AND ALL BANK RELEASED CLAIMS AND INTER-BANK RELEASED CLAIMS, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, CONTINGENT OR NON-CONTINGENT, WHETHER OR NOT CONCEALED OR HIDDEN, WHICH NOW EXIST, OR HERETOFORE HAVE EXISTED UPON ANY THEORY OF LAW OR EQUITY NOW EXISTING OR COMING INTO EXISTENCE IN THE FUTURE, INCLUDING, BUT NOT LIMITED TO, CONDUCT WHICH IS NEGLIGENT, RECKLESS, INTENTIONAL, WITH OR WITHOUT MALICE, OR A BREACH OF ANY DUTY, LAW OR RULE, WITHOUT REGARD TO THE SUBSEQUENT DISCOVERY OR EXISTENCE OF SUCH DIFFERENT OR ADDITIONAL FACTS. (f) Notwithstanding anything to the contrary contained in this Agreement or the Order, all Bank Preserved Claims of any and all Bank Defendant Releasors shall be fully preserved. Likewise, all Trust Preserved Claims shall be fully preserved. (g) With respect to any Bank Preserved Claims relating to the JV LIF Litigation and the Grid Interest Litigation, the Trust waives any and all counterclaims, as well as any argument or defense (i) based upon on any conduct whatsoever, which has happened, developedallegations that were made by the Trust in the Action, or occurred (ii) otherwise based on any assertion that, at any time before Xxxxxxxx filed for bankruptcy, any Bank Defendant Releasor engaged in willful misconduct or gross negligence in connection with any of the credit agreements described in any Complaint filed by the Trust in the Action. With the exception of the arguments or defenses set forth in clauses (i) and (ii), the Trust expressly reserves any other defenses (to the extent not already waived) with respect to any Bank Preserved Claims relating to the JV LIF Litigation and the Grid Interest Litigation (“Trust Preserved Defenses”), including without limitation any defense that, after Xxxxxxxx filed for bankruptcy, any Bank Defendant Releasor engaged in willful misconduct in connection with its submission of any JV Plan Bank Lender Post-Effective Date. It is expressly agreed Date Fee Claims or any Bank Preserved Claims for JV Plan Grid Interest. (h) This Agreement does not and understood that the releases contained here are GENERAL RELEASES. In the event that shall not be construed to (i) settle any party institutes Adelphia Related Litigation; (ii) release any action hereby released defendant, other than all Bank Defendant Releasees, in any Adelphia Related Litigation brought or to which he be brought by Xxxxxxxx or it has agreed the Trust; (iii) settle claims against or release Xxxxxxx, Xxxxx & Co. in the Action, or (iii) settle claims against or release Key Bank, N.A. or HSBC Bank USA , N.S. in the Action or in the Sabres Action. By way of example and not limitation, this Agreement does not and shall not be construed to xxxrelease any Rigas Entity, or to settle claims against them, or to release any of the claim shall be dismissed immediately upon presentation of this Amendment.present defendants or

Mutual Releases. (a) Except for rights wxxx xxxard to the obligations of Aurora hereunder and as to any claims arising under the Agreementas a result of a breach of Aurora's obligations hereunder, as amended by this AmendmentAzevedo individually and on behalf of its successors and assigns, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) dxxx xxxeby fully release, remise, remise and forever discharge each other, Aurora and each of their its respective agents, spouses, employees, officers, directors, shareholders, employees, subsidiaries, attorneys, counsel representatives and affiliates from, and (ii) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, agents from any and all manner of claimsdebts, chargesobligations, complaintsliabilities, demandsaccountings, promises, covenants, agreements, contracts, controversies, suits, actions, causes of actionactions, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissionsjudgments, damages, executionsclaims, obligationsdemands, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known in law or unknown, either at law, in equity, or mixed, that either which Azevedo ever had, now has, or hereafter can, shall, shall or may havehave agaixxx xxxm for, against the other upon or by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Companybeginning of the world to the date hereof. (b) Except with regard to the obligations of Azevedo hereunder, and specifically including as to any claims under any federalarising as a result of a brxxxx xx Azevedo's obligations hereunder, state or local laborAurora does hereby fully release, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety xxxxxx xxd forever discharge Azevedo and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, principals, emplxxxxx, subsidiaries, attorneys, counsel representatives and affiliatesagents from any and all debts, based obligations, liabilities, accountings, promises, covenants, agreements, contracts, controversies, suits, actions, causes of actions, judgments, damages, claims, demands, in law or in equity, which Aurora ever had, now have, or hereafter can, shall or may have against them for, upon or by reason of any conduct matter, cause or thing whatsoever, from the beginning of the world to the date hereof. (c) The releases set forth in this Agreement are intended by the parties to release all claims, whether known, unknown, foreseen, unforeseen, patent or latent, which has happenedone party may have against the other as of the date of this Agreement. Each party understands and acknowledges the significance and consequence of such specific intention to release all claims. (d) Anything herein to the contrary notwithstanding, developed, or occurred before should Aurora fail to make the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxxSettlement Payment, the claim release of Aurora given by Azevedo shall be dismissed immediately upon presentation null and void and of this Amendmentno force and effect.

Mutual Releases. Except for rights arising under Upon the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as completion of all of the Effective Dateactions described in Section 1 and Section 2 hereof in accordance with the terms thereof, Employee, on such completion to be evidenced by the one handtransfer of funds described in Section 1(a)(i) and the simultaneous delivery and release by each party to the other of an executed counterpart hereof, and subject to the Company on rights of the other hand, hereby fully, forever, irrevocably parties to enforce the terms of this Agreement and unconditionally the Credit Agreement, (i) releaseUBS hereby forever releases, remisewaives, discharges and agrees and covenants not to xxx, and discharge is deemed to have forever released waived, discharged and agreed and covenanted not to xxx, each otherof IMH, IFC and each IWLG and any of their respective agentscurrent, spousesformer or future predecessors, employeessuccessors, parents, subsidiaries, branches and affiliates, or any current, former or future officers, directors, shareholdersemployees, members, stockholders, agents, attorneys, counsel representatives, assigns and affiliates fromheirs of each of the foregoing persons or entities, and and (ii) agree each of IMH, IFC and covenant IWLG hereby forever releases, waives, discharges and agrees and covenants not to institutexxx, submitand is deemed to have forever released waived, file discharged and agreed and covenanted not to xxx, UBS and any of its respective current, former or bringfuture predecessors, successors, parents, subsidiaries, branches and affiliates, or permit to be institutedany current, submittedformer or future officers, filed directors, employees, assigns and heirs of each of the foregoing persons or brought on his entities, in each case in respect of any actual or its behalf against the other in any court, administrative agency, or other forum, any and all manner of potential claims, charges, complaintscounterclaims, demands, allegations, rights, obligations, duties, debts, liabilities, liens, encumbrances, trespasses, levies, promises, covenants, contracts, agreements, understandings, damages, injuries, losses, actions, causes of action, suitssetoffs, rightsoffsets, debts, dues, sums of moneyindemnities, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, charges, attorneys’ fees, judgments, orders and liabilities of any and all other claims of every kind, kind or nature and description whatsoever (including attorneys' fees and costs)whatsoever, whether in law or in equity, known or unknown, either at lawcontractual, statutory, tort or otherwise based, concealed or revealed (any of the foregoing, “Claims”) relating in equity, or mixed, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, any way to or arising out of the ARMRA (including the Fee Letter), the Old Repurchase Agreement, transactions under the ARMRA and the Old Repurchase Agreement, the Mortgage Loans, the other Purchased Assets, the Purchased Items and the Additional Purchased Items, and any matterother documents or instruments relating thereto, cause and including, in respect of UBS, Claims against Impac in respect of the Outstanding Repurchase Price, other repurchase obligations or thing whatsoeverany provision of the ARMRA (including the Fee Letter) or the Old Repurchase Agreement providing for the survival of indemnification or any other obligations, except to the limited extent described in the last sentence of this paragraph below (the agreements of UBS and Impac stated in clauses (i) and (ii) above in respect of such Claims being their respective “Release of Claims”). For the avoidance of doubt (and in no way to suggest that any parties hereto believe that any such Claims exist or will exist), the parties further agree that the aforementioned Release of Claims shall also extend to any Claims arising out of or attributable to any prior arrangements or discussions among the parties or affiliates thereof concerning the transfer or potential transfer of the Platform (as defined in the ARMRA) or assets and liabilities relating thereto, and Impac also agrees that its agreement in this regard is made for the further benefit of any person or entity with whom UBS or any affiliate thereof may negotiate or arrange for a transfer of or investment in the Platform or assets and liabilities thereof or relating thereto. The parties hereto intend that their respective Release of Claims each be a complete and absolute bar to any and all such Claims and to be binding on any parties in interest claiming through them and any of their successors and assigns. Notwithstanding the foregoing, nothing herein shall constitute a Release of Claims in respect of the indemnification provisions of Impac in favor of UBS or any other Indemnified Party under Section 11.01 of the ARMRA; provided, that, such indemnification obligations of Impac shall be preserved only to the extent that they arise from or are attributable to (1) any claim, assertion or action (in each case in writing) made by or arising through a mortgagor or other person obligated in respect of any Mortgage Loan (including any actual or purported amendment, modification, consent or waiver in respect thereof), the basis of such claim, assertion or action relates to any action, inaction or omission of Impac or any employee or agent thereof and such action, inaction or omission (or any similar action, inaction or omission) of Impac or any employee or agent thereof was determined to have occurred (whether in part or in full) in any court proceeding, arbitration or similar proceeding or was alleged in any court proceeding, arbitration or similar proceeding which was terminated in connection with a settlement which has happenedbeen consented to by Impac, developedsuch consent not to be unreasonably withheld (and it being further understood that such surviving indemnification obligation of Impac in favor of UBS shall not cover any damages, costs or losses in respect of such claim, assertion or action to the extent such damage, cost or loss is attributable to actions, inactions or omissions of UBS or any employee or agent thereof, but with it being understood that any UBS failure to take action in respect of or make objection to any such above-described action, inaction or omission of Impac or its employees or agents, regardless of whether known to UBS or not, shall not constitute an action, inaction or omission of UBS or its employees or agents for this purpose), or occurred before (2) the Effective Date asserted status or condition, including but not limited as to environmental matters, of any Mortgaged Property or REO Property, and such asserted status or condition relates to or is attributable to (A) any and all claims, asserted period covering the financing of such Mortgaged Property or unasserted, arising from employment with ownership of such REO Property by Impac or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common lawany action, including but not limited to claims inaction or suits for intentional interference with contractual relations, breach omission of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, Impac or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, employee or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendmentagent thereof.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof Tenant acknowledges and any rights Employee or the Company has agrees that Landlord is not in default under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on terms of the one handLease, and the Company on the other hand, Tenant hereby fully, forever, irrevocably releases and unconditionally (i) release, remisedischarges Landlord, and discharge each otherits employees, and each of their respective agents, spousesmanagers and contractors, employees, officers, directors, shareholders, attorneys, counsel of and affiliates from, and (ii) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, any and from all manner of claims, charges, complaintsdebts, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims claims, demands and liabilities whatsoever of every kindname and nature, nature both at law and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at law, in equity, which Tenant now has or mixedever had against Landlord, that either ever hadits employees, now hasagents, managers and contractors, or canits or their predecessors, shall, or may have, against the other by reason ofsuccessors and assigns, on account ofof the Lease or the Premises, as of the date hereof; provided, however, and excluded from the foregoing release and discharge, are the terms of this Agreement, any provision of the Lease that survives termination or arising out the expiration of the Lease, including, without limitation, as set forth in Section 9.6 thereof and any matterindemnifications by Landlord of Tenant contained in the Lease. Landlord acknowledges and agrees that Tenant is not in default under any of the terms of the Lease, cause or thing whatsoeverand Landlord hereby releases and discharges Tenant, which has happenedand its employees, developedagents, or occurred before the Effective Date including but not limited to (A) managers and contractors, of and from all debts, demands, actions, causes of action, suits, accounts, covenants, contracts, agreements, damages, and any and all claims, asserted demands and liabilities whatsoever of every name and nature, both at law and in equity, which Landlord now has or unassertedever had against Tenant, arising from employment with its employees, agents, managers and contractors, or separation its or their predecessors, successors and assigns, on account of the Lease or the Premises, as of the date hereof; provided, however, and excluded from the Companyforegoing release and discharge, and specifically including are the terms of this Agreement, any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach provision of the implied covenant Lease that survives termination or the expiration of good faith the Lease, including, without limitation, as set forth in Sections 9.6 and fair dealing, breach 29.10 thereof and any indemnifications by Tenant of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against Landlord contained in the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this AmendmentLease.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee(a) The BUTAMAX PARTIES, on the one handbehalf of themselves, their AFFILIATES, their predecessors, successors and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each otherassigns, and each of their respective agentspast, spousespresent, employees, and future officers, directors, shareholdersemployees, attorneysagents and attorneys (collectively, counsel the “BUTAMAX RELEASING PARTIES”), hereby irrevocably and affiliates fromunconditionally releases, acquits and forever discharges GEVO and its AFFILIATES, their predecessors, successors and assigns, and (ii) agree each of their past, present, and covenant not to institutefuture officers, submitdirectors, file or bringemployees, or permit to be instituted, submitted, filed or brought on his or its behalf agents and attorneys from and against the other in any court, administrative agency, or other forum, any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at law, in equity, or mixed, CLAIMS that either the BUTAMAX RELEASING PARTIES ever had, now has, or can, shallhave, or may havehave for, against the other upon, or by reason of, on account of, or arising out of any matter, cause or thing matter whatsoever, which has happened, developed, or occurred before through the Effective Date including but not limited to (A) any and all claims, asserted or unassertedEFFECTIVE DATE, arising from employment with or separation from related to the CompanySUBJECT LITIGATION. (b) GEVO, on behalf of itself, its AFFILIATES, and specifically including any claims under any federalits and their predecessors, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety successors and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963assigns, and the Consolidated Omnibus Budget Reconciliation Act each of 1985its and their past, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libelpresent, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, future officers, directors, shareholdersemployees, attorneysagents and attorneys (collectively, counsel the “GEVO RELEASING PARTIES”), hereby irrevocably and affiliatesunconditionally releases, based upon acquits and forever discharges the BUTAMAX PARTIES and their AFFILIATES, their predecessors, successors and assigns, and each of their past, present, and future officers, directors, employees, agents and attorneys from and against any conduct and all CLAIMS that the GEVO RELEASING PARTIES ever had, now have, or may have for, upon, or by reason of, any matter whatsoever, which has happenedthrough the EFFECTIVE DATE, developedarising from or related to the SUBJECT LITIGATION. (c) The PARTIES agree and acknowledge that these releases shall not extend to any rights or obligations arising from this AGREEMENT, the LICENSE AGREEMENT, the SETTLEMENT CDA, or occurred before any other existing or future contracts or agreements between or among the Effective Date. It is PARTIES or their AFFILIATES, and shall be in addition to the terms of the Agreement and Covenant Not to Xxx between the PARTIES dated August 2, 2013, and Covenant Not to Xxx made by Gevo to other PARTIES, dated November 19, 2013, nor shall they release any payment obligation of a PARTY, or their respective AFFILIATES, arising from the purchase of goods or services from the other PARTY, or its respective AFFILIATES. (d) For purposes of this Section 3, except as expressly agreed stated, the PARTIES further agree and understood acknowledge that the releases contained here are GENERAL RELEASES. In not intended to, and shall not, release any claim a PARTY has against any THIRD PARTY. (e) None of the event that releases in this Section 3 shall apply to claims based on events occurring after the EFFECTIVE DATE including: (i) any party institutes any action hereby released or to which he or it has agreed not to xxxclaims for breach of this AGREEMENT, the claim shall be dismissed immediately upon presentation LICENSE AGREEMENT or the SETTLEMENT CDA; and (ii) any claims for patent infringement or any other act or omission after the EFFECTIVE DATE. LEGAL_US_W # 82848916.3 4 (f) Each of this AmendmentBUTAMAX, on behalf of itself and the BUTAMAX RELEASING PARTIES, and GEVO, on behalf of itself and the GEVO RELEASING PARTIES, expressly waives any and all rights that it may have under California Civil Code Section 1542, and any similar rights under any applicable laws of other states or of the United States. California Civil Code Section 1542 provides 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.”

Mutual Releases. Except for rights arising under the Agreement3.1. General Release of FIC by Otter Creek. Otter Creek I, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one handOtter Creek Management, and the Company Otter Creek International, for and on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, behalf of themselves and each of their respective agentscurrent and former principals, spousesgeneral or limited partners, directors, officers, shareholders, employees, officersparent companies, subsidiaries, affiliates, member firms, predecessors, successors, assigns, and trustees, if any (collectively, the "Otter Creek Releasing Parties"), hereby covenant not to sue and fully, finally, and forever generally RELEASE, SURRENDER, REMISE, ACQUIT, AND FOREVER DISCHARGE FIC and its current and former principals, general or limited partners, directors, officers, shareholders, employees, parent companies, subsidiaries, affiliates, member firms, predecessors, successors, assigns, trustees, agents, attorneys, counsel and affiliates fromaccountants, insurers, and representatives of any kind, if any (ii) agree collectively, the "FIC Released Parties"), jointly and covenant not to instituteseverally, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of claims, charges, complaintsdisputes, demands, actions, causes of actionliabilities, suitsdamages, rightssuits (whether at law or in equity), debtspromises, dues, sums of moneyaccounts, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kindsetoffs, nature and description whatsoever (including contributions, attorneys' fees and costs)and/or causes of action of whatever kind or character, whether known past, present, KNOWN OR UNKNOWN, liquidated or unknownunliquidated, either at lawcontingent or non-contingent, in equityaccrued or unaccrued, or mixedwhich may hereinafter arise as a result of the discovery of new and/or additional facts , that either ever which the Otter Creek Releasing Parties have had, may now has, have or can, shallmight claim to have, or may have, have in the future against the other by reason of, on account of, or FIC Released Parties to the extent arising out of any matterthe matters alleged in this Litigation, cause or thing whatsoeverFIC's 2003 Annual Meeting and/or the Proxy Contest, which has happenedINCLUDING, developedWITHOUT LIMITATION, or occurred before TO THE EXTENT COVERED ABOVE, ANY AND ALL STATUTORY AND COMMON LAW CLAIMS FOR VIOLATION OF SHAREHOLDERS' RIGHTS, DECLARATORY JUDGMENT, COPYRIGHT INFRINGEMENT, UNJUST ENRICHMENT, BREACH OF EXPRESS OR IMPLIED CONTRACT, TORTIOUS INTERFERENCE WITH CONTRACT, PROMISSORY ESTOPPEL, BREACH OF IMPLIED COVENANTS, SPECIFIC PERFORMANCE, BREACH OF FIDUCIARY DUTY, INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS, NEGLIGENCE, AN ACCOUNTING, FRAUD, NEGLIGENT MISREPRESENTATION, FRAUDULENT INDUCEMENT (INCLUDING FRAUDULENT INDUCEMENT TO ENTER INTO THIS AGREEMENT), CONVERSION OR ANY CLAIM THAT ARISES PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT, except for the Effective Date including but obligations contained in this Agreement. This release, however, does not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any include derivative claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but that do not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation arise out of this AmendmentLitigation, FIC's 2003 Annual Meeting and/or the Proxy Contest.

Mutual Releases. Except for rights arising under a. For and in partial consideration of the provision of the Separation Payment and the other terms of this Agreement, as amended by this AmendmentEmployee, after the date hereof for himself and any rights Employee or his heirs, successors, and assigns, does hereby completely release and forever discharge the Company has under any options, restrictive stock units or warrants to purchase and the Company’s common stock held by Employeemedical, as of the Effective Datewelfare, Employee, on the one handor benefit plans, and the Company on the other handtheir respective present, hereby fully, forever, irrevocably and unconditionally (i) release, remisefuture, and discharge each otherformer corporate parents, subsidiaries and affiliates, their respective predecessors and successors in interest, their respective present, future, and each of their respective agentsformer directors, spousesofficers, partners, plan administrators, shareholders, joint venturers, employees, officers, directors, shareholdersagents, attorneys, counsel and affiliates fromrepresentatives, the assigns of any of the foregoing, and (ii) agree and covenant not to instituteany other person, submit, file or bringfirm, or permit to corporation for which any of the foregoing may be institutedlegally responsible or which may be legally responsible for any of them (collectively, submitted“Employee Released Parties”), filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, any and from all manner of claims, charges, complaintsrights, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and causes of action for any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs)which Employee may now have, has ever had, or may in the future have, whether known or unknown, either at lawarising from or in any way connected with: (a) Employee’s employment with the Company or any related entity; (b) benefits from any medical, welfare, or benefit plan of the Company; (c) Employee’s status as a shareholder or option holder of the Company (including claims resulting from options or shares of the Company held by Employee or granted to Employee); (d) the termination of Employee’s employment with the Company or any related entity of the Company and his resignation as an officer of the Company; (e) any rights of Employee under the Employee Agreement, or any other agreement with the Employee Released Parties; and (f) any other claims of Employee against the Employee Released Parties, in equityeach case arising prior to the Separation Date (collectively, or mixedthe “Employee Released Claims”). The Employee Released Claims include, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but are not limited to, those arising under (all as amended) claims for breach of contract, breach of oral or written agreements, negligence, negligent misrepresentation, harassment, wrongful discharge, intentional infliction of emotional distress, libel, slander, payment of wages, outrageous behavior, age, race, color, sex, gender, disability, national origin, and/or veteran status discrimination, violation of the Age Discrimination in Employment Act, violation of the Older Workers Worker Benefit Protection Act, the National Labor Relations Act, violation of the Fair Labor Standards Act, the Occupational Safety and Health Act violation of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act Act, violation of 1993ERISA, violation of COBRA, violation of 29 U.S.C. § 1001 and § 2506.503-1(b), worker’s compensation, and any compensatory damages, front pay, back pay, overtime pay, pain and suffering, loss of consortium, medical expenses, punitive damages, attorneys’ fees, expenses, and costs arising from or in any way connected with the foregoing. Notwithstanding the foregoing, Employee does not waive or release (a) any rights to seek indemnification with respect to liability incurred by Employee as an officer of the Company under the Indemnification Agreement, or (b) performance by the Company of any obligations under this Agreement, and any such claims shall not constitute Employee Released Claims. b. For and in consideration of the terms of this Agreement, the Equal Pay Act of 1963Company, for itself and its respective present, future, and former corporate parents, subsidiaries and affiliates, their respective predecessors and successors in interest, their respective present, future, and former directors, officers, partners, plan administrators, shareholders, joint venturers, employees, agents, attorneys, and representatives, the Consolidated Omnibus Budget Reconciliation Act assigns of 1985any of the foregoing, and any other person, firm, or corporation for which any of the foregoing may be legally responsible or which may be legally responsible for any of them (Bcollectively, “Company Releasing Parties”) those does hereby completely release and forever discharge, the Employee and his heirs, successors, and assigns, from all claims, rights, demands, actions, obligations, liabilities, and causes of action for any and every kind, which the Company Releasing Parties may now have, has ever had, or may in the future have, whether known or unknown, arising under common lawfrom or in any way connected with: (a) Employee’s employment with the Company or any related entity; (b) benefits from any medical, welfare, or benefit plan of the Company; (c) Employee’s status as a shareholder or option holder of the Company (including claims resulting from options or shares of the Company held by Employee or granted to Employee); (d) the termination of Employee’s employment with the Company or any related entity of the Company and his resignation as an officer of the Company; and (e) any other claims of the Company Releasing Parties against the Employee, in each case arising prior to the Separation Date (collectively, the “Company Released Claims”). The Company Released Claims include, but are not limited to to, all claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervisionbreach of oral or written agreements, negligence, negligent misrepresentation, harassment, wrongful discharge, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, outrageous behavior, and any compensatory damages, pain and suffering, loss of consortium, medical expenses, punitive damages, attorneys’ fees, expenses, and costs arising from or in any way connected with the foregoing. Notwithstanding the foregoing, the Company Releasing Parties do not waive or release (Ca) any indebtedness rights to enforce the terms of the Employee Agreement, or alleged indebtedness between (b) performance by Employee and either Company, (D) of any vacation, leave or other accrualsobligations under this Agreement, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed such claims shall not to xxx, the claim shall be dismissed immediately upon presentation of this Amendmentconstitute Company Released Claims.

Mutual Releases. Except for rights arising under (a) Each of the AgreementStockholders, as amended by this Amendmenton behalf of themselves and their respective heirs, after estates, trustees, beneficiaries, successors, predecessors, assigns, subsidiaries, principals, directors, officers, insurers, Associates and Affiliates (the date hereof “Stockholder Releasors”), hereby do remise, release and forever discharge, and covenant not to xxx or take any rights Employee steps to pursue or further any Legal Proceeding against, the Company has under any optionsor its successors, restrictive stock units or warrants to purchase predecessors, assigns, subsidiaries, principals, directors, officers, insurers, Associates and Affiliates (the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the “Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each otherReleasees”), and each of their respective agentsthem, spousesfrom and in respect of any and all claims and causes of action, employeeswhether based on any federal, state or foreign law or right of action, direct, indirect or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, that all or any of the Stockholder Releasors have, had or may have against the Company Releasees, or any of them, of any kind, nature or type whatsoever, from the beginning of time to the date of this Agreement; provided, however, that the foregoing release shall not release any rights or duties under this Agreement or any claims or causes of action that the Stockholder Releasors may have for the breach or enforcement of any provision of this Agreement. (b) The Company and the Insiders, each on behalf of itself and its successors, predecessors, assigns, subsidiaries, principals, directors, officers, directorsinsurers, shareholdersAssociates and Affiliates (the “Company Releasors”), attorneyshereby do remise, counsel release and affiliates fromforever discharge, and (ii) agree and covenant not to institutexxx or take any steps to pursue or further any Legal Proceeding against, submitany of the Stockholders or their respective heirs, file or bringestates, or permit to be institutedtrustees, submittedbeneficiaries, filed or brought on his or its behalf against successors, predecessors, assigns, subsidiaries, principals, directors, officers, insurers, Associates and Affiliates (the other “Stockholder Releasees”), and each of them, from and in any court, administrative agency, or other forum, respect of any and all manner claims and causes of action, whether based on any federal, state or foreign law or right of action, direct, indirect or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, that all or any of the Company Releasors have, had or may have against the Stockholder Releasees, or any of them, of any kind, nature or type whatsoever, from the beginning of time to the date of this Agreement; provided, however, that the foregoing release shall not release any rights or duties under this Agreement or any claims or causes of action that the Company Releasors may have for the breach or enforcement of any provision of this Agreement. (c) Each party hereto represents and warrants that it has not heretofore transferred or assigned, or purported to transfer or assign, to any person, firm or corporation any claims, charges, complaints, demands, actionsobligations, losses, causes of action, suitsdamages, rights, debts, dues, sums of moneypenalties, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, attorneys’ fees, liabilities or indemnities herein released. Other than for the Nevada Lawsuit, each of the parties hereto represents and warrants that neither it nor any assignee has filed any lawsuit against any other party. (d) Each party hereto waives any and all other claims of every kind, nature and description whatsoever rights (including attorneys' fees and costs), whether known or unknown, either at to the extent permitted by state law, federal law, principles of common law or any other law) that may have the effect of limiting the releases in equitythis Section 8. Without limiting the generality of the foregoing, each party hereto acknowledges that there is a risk that the damages and costs that it believes it has suffered or mixedwill suffer may turn out to be other than or greater than those now known, suspected or believed to be true. Facts on which each party hereto has been relying in entering into this Agreement may later turn out to be other than or different from those now known, suspected or believed to be true. Each party hereto acknowledges that either ever hadin entering into this Agreement, now has, or can, shall, or may have, against it has expressed that it agrees to accept the other by reason of, on account of, or arising out risk of any mattersuch possible unknown damages, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unassertedfacts, arising from employment with or separation from the Companydemands, actions and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety causes of action. Each party hereto acknowledges and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood agrees that the releases contained here and covenants provided for in this Section 8 are GENERAL RELEASES. In binding, unconditional and final as of the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendmentdate hereof.

Mutual Releases. Except for rights arising under (a) Each of the AgreementStockholders, as amended by this Amendmenton behalf of themselves and their respective heirs, after estates, trustees, beneficiaries, successors, predecessors, assigns, subsidiaries, principals, directors, officers, insurers, Associates and Affiliates (the date hereof “Stockholder Releasors”), hereby do remise, release and forever discharge, and covenant not to sxx or take any rights Employee steps to pursue or further any Legal Proceeding against, the Company has under any optionsor its successors, restrictive stock units or warrants to purchase predecessors, assigns, subsidiaries, principals, directors, officers, insurers, Associates and Affiliates (the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the “Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each otherReleasees”), and each of their respective agentsthem, spousesfrom and in respect of any and all claims and causes of action, employeeswhether based on any federal, state or foreign law or right of action, direct, indirect or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, that all or any of the Stockholder Releasors have, had or may have against the Company Releasees, or any of them, of any kind, nature or type whatsoever, from the beginning of time to the date of this Agreement; provided, however, that the foregoing release shall not release any rights or duties under this Agreement or any claims or causes of action that the Stockholder Releasors may have for the breach or enforcement of any provision of this Agreement. (b) The Company and the Insiders, each on behalf of itself and its successors, predecessors, assigns, subsidiaries, principals, directors, officers, directorsinsurers, shareholdersAssociates and Affiliates (the “Company Releasors”), attorneyshereby do remise, counsel release and affiliates fromforever discharge, and (ii) agree and covenant not to institutesxx or take any steps to pursue or further any Legal Proceeding against, submitany of the Stockholders or their respective heirs, file or bringestates, or permit to be institutedtrustees, submittedbeneficiaries, filed or brought on his or its behalf against successors, predecessors, assigns, subsidiaries, principals, directors, officers, insurers, Associates and Affiliates (the other “Stockholder Releasees”), and each of them, from and in any court, administrative agency, or other forum, respect of any and all manner claims and causes of action, whether based on any federal, state or foreign law or right of action, direct, indirect or representative in nature, foreseen or unforeseen, matured or unmatured, known or unknown, that all or any of the Company Releasors have, had or may have against the Stockholder Releasees, or any of them, of any kind, nature or type whatsoever, from the beginning of time to the date of this Agreement; provided, however, that the foregoing release shall not release any rights or duties under this Agreement or any claims or causes of action that the Company Releasors may have for the breach or enforcement of any provision of this Agreement. (c) Each party hereto represents and warrants that it has not heretofore transferred or assigned, or purported to transfer or assign, to any person, firm or corporation any claims, charges, complaints, demands, actionsobligations, losses, causes of action, suitsdamages, rights, debts, dues, sums of moneypenalties, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, attorneys’ fees, liabilities or indemnities herein released. Other than for the Nevada Lawsuit, each of the parties hereto represents and warrants that neither it nor any assignee has filed any lawsuit against any other party. (d) Each party hereto waives any and all other claims of every kind, nature and description whatsoever rights (including attorneys' fees and costs), whether known or unknown, either at to the extent permitted by state law, federal law, principles of common law or any other law) that may have the effect of limiting the releases in equitythis Section 8. Without limiting the generality of the foregoing, each party hereto acknowledges that there is a risk that the damages and costs that it believes it has suffered or mixedwill suffer may turn out to be other than or greater than those now known, suspected or believed to be true. Facts on which each party hereto has been relying in entering into this Agreement may later turn out to be other than or different from those now known, suspected or believed to be true. Each party hereto acknowledges that either ever hadin entering into this Agreement, now has, or can, shall, or may have, against it has expressed that it agrees to accept the other by reason of, on account of, or arising out risk of any mattersuch possible unknown damages, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unassertedfacts, arising from employment with or separation from the Companydemands, actions and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety causes of action. Each party hereto acknowledges and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood agrees that the releases contained here and covenants provided for in this Section 8 are GENERAL RELEASES. In binding, unconditional and final as of the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendmentdate hereof.

Mutual Releases. Except for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as Upon receipt of the Effective DateSettlement Payment, Employee, on the one hand, Plaintiff and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, its members and each of their respective its past, present and future assigns, agents, spousesmembers, employeesshareholders, officers, directors, shareholdersemployees, brokers, trustees, attorneys, counsel and affiliates frominsurers, representatives, affiliates, successors, predecessors, subsidiaries, divisions, and (ii) agree any other person or entity acting by, for, through or in concert with Plaintiff do hereby release, give up and covenant not to instituteforever discharge Defendant and any of its members, submitpast, file present and future assigns, agents, members, shareholders, officers, directors, employees, brokers, trustees, attorneys, insurers, representatives, parent companies, affiliates, successors, predecessors, subsidiaries, divisions, and any other person or bringentity acting by, for, through or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, concert with Defendant from any and all manner of past, present or future claims, charges, complaints, demands, actions, causes of action, damages, judgments, liabilities, obligations, liens, suits, rights, debts, dues, sums of moneyexecutions, costs, lossesand attorneys’ fees of any kind whatsoever, accountsin law or equity, reckoningswhether based in tort, covenantscontract, contractsstatute or other theory of recovery, controversiesthat exist or are based upon actions, agreementstransactions, promisesevents, leasesthings, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims acts or conduct that occurred or arose as of every kind, nature and description whatsoever (including attorneys' fees and costs)or prior to the date this Agreement is fully-executed, whether known or unknown, either at lawaccrued or un-accrued, in equitysuspected or unsuspected. Upon execution of this Agreement, or mixedDefendant and its individual members and each of their past, that either ever hadpresent and future assigns, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spousesmembers, employeesshareholders, officers, directors, shareholdersemployees, brokers, trustees, attorneys, counsel and insurers, representatives, affiliates, successors, predecessors, subsidiaries, divisions, and any other person or entity acting by, for, through or in concert with Defendant does hereby release, give up and forever discharge Plaintiff and any of its members, past, present and future assigns, agents, members, shareholders, officers, directors, employees, brokers, trustees, attorneys, insurers, representatives, affiliates, successors, predecessors, subsidiaries, divisions, and any other person or entity acting by, for, through or in concert with Plaintiff from any and all past, present or future claims, actions, causes of action, damages, judgments, liabilities, obligations, liens, suits, executions, costs, and attorneys’ fees of any kind whatsoever, in law or equity, whether based in tort, contract, statute or other theory of recovery, that exist or are based upon any actions, transactions, events, things, acts or conduct whatsoeverthat occurred or arose as of or prior to the date this Agreement is fully-executed, which has happenedwhether known or unknown, developedaccrued or un-accrued, suspected or occurred before unsuspected. Nothing in the Effective Date. It is expressly agreed and understood that foregoing paragraphs or anywhere else in the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim Agreement shall be dismissed immediately upon presentation deemed as a waiver of the parties’ individual rights to enforce the terms and conditions of this AmendmentAgreement.

Mutual Releases. Except for rights arising under the Agreement(a) Each of BioMedical and CRX-SG, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as in consideration of the Effective Dateagreements hereunder and for other valuable consideration, Employeethe receipt and sufficiency of which are acknowledged, on the one handfor themselves, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, and each of for their respective parents, subsidiaries, affiliates, agents, spouses, employees, officers, directors, shareholderssuccessors, attorneys, counsel attorneys and affiliates fromassigns (“BioMedical Releasors” and “CRX-SG Releasors,” respectively) fully releases and discharges, and (ii) agree and covenant covenants not to institutexxx, submitCRX, file or bringits present and former subsidiaries, or permit affiliates, directors, officers, employees, agents, stockholders, successors, attorneys and assigns, forever, from and with respect to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, actions and expenses, and suits of any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs)nature, whether known or unknown, either at in law, in equityat equity or otherwise, which the BioMedical Releasors and the CRX-SG Releasors ever had or now have upon, or mixed, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before whatsoever from the beginning of the world to the Effective Date including but not limited that relates to (A) any and all claims, asserted or unasserted, arising from employment with or separation arises from the CompanyUS Terminated Documents, the Notes, Debenture or the Singapore Terminating Agreements. (b) CRX, in consideration of the agreements hereunder and for other valuable consideration, the receipt and sufficiency of which are acknowledged, for itself, and specifically including any claims under any federalby these presents for its subsidiaries (other than CRX-SG), state or local laboraffiliates, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholderssuccessors, attorneysattorneys and assigns (“CRX Releasors”), counsel fully releases and affiliatesdischarges, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed covenants not to xxx, BioMedical and CRX-SG, their respective present and former parents, subsidiaries, affiliates, directors, officers, employees, agents, stockholders, successors, attorneys and assigns, forever, from and with respect to any claims, liabilities, actions and suits of any nature, whether in law, at equity or otherwise, which CRX Releasors ever had or now have upon, or by reason of any matter, cause or thing whatsoever from the claim beginning of the world to the Effective Date that relates to or arises from the US Terminated Documents, the Notes, Debenture or the Singapore Terminating Agreements. For the avoidance of doubt, nothing herein shall be dismissed immediately upon presentation affect the rights and obligations of this AmendmentBioMedical and CRX-SG inter se in respect of the Notes, Debenture or the Singapore Terminating Agreements.

Mutual Releases. Except A. The Company, on behalf of itself, its agents, successors and assigns (collectively referred to in this Paragraph as the "Releasors"), do hereby release, remise and forever discharge Corr and his agents, personal representatives, heirs, legal representatives, successors and assigns (collectively referred to in this Paragraph as the "Releasees" but expressly excluding the Releasors) of and from any and all actions, suits, debts, dues, accounts, bonds, covenants, contracts, agreements, judgments, liens, claims, demands and liabilities of whatsoever type or description and no matter how arising, in law or in equity, known or unknown, which the Releasors ever had, now have or may hereafter have against the Releasees for rights arising under or by reason of any cause, matter or thing whatsoever from the Agreement, as amended by this Amendment, after beginning of the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants world to purchase the Company’s common stock held by Employee, as of the Effective Date; provided, Employeehowever, on that the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally provisions of this Paragraph shall not extend to (i) the obligations of the Releasees under and pursuant to this Agreement, or (ii) any costs, expenses or liabilities incurred by Releasors which arise out of or relate to any acts or omissions by Corr which are illegal or unethical, including but not limited to fraud or sexual harassment, or (iii) any acts or omissions after the Effective Date hereof. X. Xxxx, on behalf of himself, his agents, personal representatives, heirs, legal representatives, successors and assigns (collectively referred to in this Paragraph as the "Releasors") does hereby release, remise, remise and forever discharge each other, the Company and each of their respective its agents, spouses, employees, officers, directors, shareholders, attorneysemployees, counsel personal representatives, heirs, legal representatives, successors, subsidiaries and affiliates from, assigns (collectively referred to in this Paragraph as the "Releasees" but expressly excluding the Releasors) of and (ii) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckoningsbonds, covenants, contracts, controversies, agreements, promisesjudgments, leasesliens, doingsclaims, omissionsdemands and liabilities of whatsoever type or description and no matter how arising, damagesin law or in equity, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at law, in equity, or mixed, that either which the Releasors ever had, now hashave or may hereafter have against the Releasees for or by reason of any cause, matter or thing whatsoever from the beginning of the world to the Effective Date; provided, however, that the provisions of this Paragraph shall not extend to (i) the obligations of the Releasees under and pursuant to this Agreement, or can, shall, (ii) any acts or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before omissions after the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendmenthereof.

Mutual Releases. Except for rights arising under (a) In consideration of the mutual covenants contained herein, and subject to all the terms and conditions of this Agreement, as amended by this AmendmentADS, after the date hereof Compec and any rights Employee or the Company has under any optionsGTI, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, and each of their respective agents, spouses, employees, current and former officers, directors, shareholdersemployees, attorneys, counsel agents, successors, assigns, shareholders, representatives, predecessors, parents, affiliates and affiliates fromsubsidiaries, and (ii) agree and covenant not to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, any each and all manner of claims(the "ADS Releasing Parties") hereby individually and collectively release the Stockholders Representative and the Additional Parties, chargestheir respective attorneys, complaintsagents, demandsheirs, actionssuccessors, causes of actionassigns, suitsshareholders, rightsrepresentatives, debtspredecessors, duesparents, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, affiliates and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at law, in equity, or mixed, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) subsidiaries from any and all claims, asserted causes of actions, suits, contracts, counterclaims, demands and/or liabilities, known and unknown, both in law and in equity, which any of the ADS Releasing Parties has or unassertedmay have in the future against the Stockholders Representative and any of the Additional Parties with respect to all matters, arising transactions, acts or events resulting from employment or in any way connected with or separation from related to the Companysubject matter of any of the Merger Agreement, the Delaware Litigation, the Federal Litigation, the Arbitration Action, the First Virginia Litigation and/or the Second Virginia Litigation, including without limitation all sanctions incident to the aforementioned actions, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach out of the implied covenant of good faith and fair dealingemployment by or services provided to ADS, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other partyCompec, or any of its subsidiaries, of the Stockholders Representative and/or the Additional Parties from the beginning of time until the end of time. Notwithstanding the foregoing, in no event shall the release provided in this paragraph extend to the rights of the parties that are reflected in or arise from this Agreement. (b) In consideration of the mutual covenants contained in this Agreement and subject to all the terms and conditions of this Agreement, the Stockholders Representative and the Additional Parties hereby individually and collectively release ADS, Compec and GTI, their respective agents, spouses, employees, current and former officers, directors, shareholdersemployees, attorneys, counsel agents, heirs, successors, assigns, shareholders, representatives, predecessors, parents, affiliates and affiliatessubsidiaries from any and all claims, based upon any conduct whatsoevercauses of actions, suits, contracts, counterclaims, demands and/or liabilities, known and unknown, both in law and in equity, which has happenedthe Stockholders Representative or Additional Parties have or may have in the future against ADS or Compec with respect to all matters, developedtransactions, acts or events resulting from or in any way connected with or related to the subject matter of any of the Merger Agreement, the Delaware Litigation, the Federal Litigation, the Arbitration Action, the First Virginia Litigation and/or the Second Virginia Litigation, including without limitation all sanctions incident to the aforementioned actions, and arising out of the employment by or services provided to ADS, Compec, or occurred before any of its subsidiaries, of the Effective DateStockholders Representative and/or the Additional Parties from the beginning of time to the end of time. It is expressly agreed and understood Notwithstanding the foregoing, in no event shall the release provided in this paragraph extend to the rights of the parties that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released reflected in or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of arise from this AmendmentAgreement.

Mutual Releases. Except (a) KEURIG, for rights arising under the Agreementitself and its directors, as amended by this Amendmentofficers, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, and each of their respective agents, spousespartners, employees, agents, attorneys, subrogors, subrogees, predecessors, parents, subsidiaries and AFFILIATES (collectively, the “KEURIG RELEASORS”), does hereby and forever release and discharge KRAFT, and its past and present officers, directors, shareholdersemployees, partners, agents, attorneys, counsel and affiliates frompredecessors, parents, subsidiaries, AFFILIATES, successors, and (ii) agree assigns, all direct and covenant not to instituteindirect suppliers, submitall direct and indirect purchasers, file or bringand users of any products, services, or permit to be instituteddevices, submittedacquired directly or indirectly from KRAFT, filed or brought on his or its behalf against and all manufacturers (collectively, the other in any court“KRAFT RELEASEES”), administrative agencyof Tassimo single serve beverage cartridges and brewers for use with Tassimo single serve beverage cartridges (collectively, or other forumthe “TASSIMO PRODUCTS”), from any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contractsobligations, controversies, agreements, promises, leases, doings, omissionsjudgments, damages, executionsliens, obligationsclaims and demands whatsoever, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs)in law or in equity, whether known or unknownunknown (other than KRAFT’s obligations under this AGREEMENT), either at law, in equity, or mixed, that either ever had, now has, or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited related to (Ai) anything the KRAFT RELEASEES have done or failed to do prior to the EFFECTIVE DATE of this AGREEMENT in connection with the manufacture, offer for sale, sale, distribution, keeping importation and exportation anywhere in the world of TASSIMO PRODUCTS or (ii) KEURIG’s allegations in the LAWSUIT. In accordance with this Mutual Release, Keurig covenants not to xxx or threaten to xxx any KRAFT RELEASEE based upon the manufacture, offer for sale, sale, distribution, importation and all claimsexportation anywhere in the world, asserted or unassertedprior to the EFFECTIVE DATE of this AGREEMENT, arising from employment with or separation from the Companyof TASSIMO PRODUCTS. (b) KRAFT, for itself and specifically including any claims under any federalits directors, state or local laborofficers, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spousespartners, employees, agents, attorneys, subrogors, subrogees, predecessors, parents, subsidiaries and AFFILIATES (collectively, the “KRAFT RELEASORS”), does hereby and forever release and discharge KEURIG, and its past and present officers, directors, shareholdersemployees, partners, agents, attorneys, counsel predecessors, parents, subsidiaries, AFFILIATES, successors, and affiliatesassigns (collectively, based upon the “KEURIG RELEASEES”), from any conduct and all actions, causes of action, suits, debts, obligations, controversies, agreements, promises, judgments, damages, liens, claims and demands whatsoever, which has happenedin law or in equity (other than KEURIG’s obligations under this AGREEMENT), developed, related to anything the KEURIG RELEASEEES have done or occurred before failed to do prior to the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASES. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation EFFECTIVE DATE of this AmendmentAGREEMENT relating to the allegations in the LAWSUIT.

Mutual Releases. Except for rights arising under the (a) For purposes of this Agreement, “Existing Claims” shall mean any purported events of default contained in any Default Notice delivered to the Company and attached hereto as amended by this AmendmentExhibit A or any other claims arising out of the same facts and circumstances, after any claims arising out of any violation as of the date hereof of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder that does not result in a Material Adverse Effect upon the Company, or any rights Employee claims arising out of or based upon any facts or circumstances known to the public or the Company has under any optionsInvestor at or prior to the execution hereof by Investor. In consideration of the releases set forth in Section 7(b), restrictive stock units or warrants to purchase the Company’s common stock held by Employeepayment of the Release Amount and the exchange of the Existing Notes and the Existing Warrants for the Replacement Notes and Replacement Warrants, effective as of the Effective DateClosing, Employeethe Investor, only on behalf of itself and, to the one handextent permitted by law, and the Company on the other handits heirs, hereby fullyexecutors, foreveradministrators, irrevocably and unconditionally (i) releasedevisees, remisetrustees, and discharge each otherpartners, and each of their respective agentsdirectors, spousesofficers, shareholders, employees, officersconsultants, directorsrepresentatives, shareholderspredecessors, principals, agents, parents, associates, affiliates, subsidiaries, attorneys, counsel accountants, successors, successors-in-interest and affiliates fromassignees (collectively, the “Investor Releasing Persons”), hereby waives and (ii) agree and covenant not releases, to institute, submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forumfullest extent permitted by law, any and all manner of claims, charges, complaints, demands, actions, rights and causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs), whether known or unknown, either at lawbut solely relating to the Existing Claims (collectively, in equitythe “Investor Claims”), that any of the Investor Releasing Persons had or currently has against (i) the Company, (ii) any of the Company’s current or former parents, affiliates, subsidiaries, predecessors, assigns, attorneys or counsel, accountants, employees, consultants or representatives, or mixed(iii) any of the Company’s or such other persons’ or entities’ current or former officers, that either ever haddirectors, now hasemployees, or canagents, shallprincipals, or may haveand signatories (collectively, against the other by reason of“Company Released Persons”), on account ofincluding, or without limitation, any Investor Claims arising out of any matterof the Transaction Documents. For the avoidance of doubt, cause Investor Claims arising after the Closing that relate to events or thing whatsoever, which has happened, developedcircumstances occurring, or occurred before actions taken or failed to be taken, after the Effective Date including but Closing are not limited to (A) waived or released hereby. Except for the Existing Claims, any and all claims, asserted rights or unasserted, causes of cause of action arising from employment with out of or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, (C) any indebtedness or alleged indebtedness between Employee and either Company, (D) any vacation, leave or other accruals, and (E) any other action or grievance against the other party, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developed, events or occurred before circumstances that are not disclosed in the Effective Date. It is expressly agreed 2005 10-K that may constitute an Event of Default under the Existing Notes or Amended and understood that the releases contained here Restated Notes are GENERAL RELEASES. In the event that any party institutes any action hereby not waived or released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation of this Amendmenthereby.

Mutual Releases. Except for rights arising under (a) In consideration of the Agreement, as amended by covenants and agreements set forth in this Amendment, after and for other good and valuable consideration, the date hereof receipt and any rights Employee or sufficiency of which are hereby acknowledged, Sagemark, for itself and its subsidiaries, successors-in-interest, representatives, agents and assigns (collectively, the Company has under any options"Sagemark Releasors") hereby releases and discharges Trident, restrictive stock units or warrants to purchase the Company’s common stock held by EmployeeTrident Growth, as of the Effective DateTrident Management, Employee, on the one handLLC, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, and each of their respective agents, spouses, employees, officers, directors, shareholders, partners, employees, heirs, administrators, executors, representatives, attorneys, counsel subsidiaries, successors and affiliates fromassigns acting as such (collectively, and (ii) agree and covenant not to institutethe "Trident Releasees"), submit, file or bring, or permit to be instituted, submitted, filed or brought on his or its behalf against the other in any court, administrative agency, or other forum, from any and all manner of claims, charges, complaints, demands, actions, causes of action, suitsactions, rightsjudgments, debtsliens, dues, sums of moneyindebtedness, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilitiesfees, losses and expenses, liabilities of whatever kind and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs)character, whether known or unknown, either at lawforeseen or unforeseen, in law or equity, liquidated or mixedunliquidated, whether asserted personally, derivatively or in any other capacity (all of the foregoing being collectively referred to herein as the "Claims"), arising at any time from the beginning of time through the Release Effective Date (defined below), including but not limited to Claims arising in connection with or in any way related to the Purchase Agreement or the Note, and all activities, transactions and obligations arising thereunder, provided that either ever hadnothing contained herein shall release the Trident Releasees from: (i) any claim of breach of any of Trident's representations, now haswarranties, covenants and/or obligations under this Agreement; (ii) any claim under Section 5.3 of the Purchase Agreement with respect to capital contribution obligations of Sagemark as set forth therein; and (iii) any Claims against any of the Trident Releasees which cannot be released under applicable law. Sagemark hereby (x) represents that none of the Sagemark Releasors have instituted any action or suit against any of the Trident Releasees relating to the Purchase Agreement or the Note, nor any activities, transactions and obligations arising thereunder; and (y) covenants and agrees that none of the Sagemark Releasors will institute any action or suit against any of the Trident Releasees, nor in any way aid in the institution or prosecution of any such action or suit by third parties, relating to the Purchase Agreement or the Note, nor any activities, transactions and obligations arising thereunder. In the event that the representation set forth in this paragraph is untrue, or canthe covenant set forth in this paragraph is breached, shallSagemark agrees to reimburse those of the Trident Releasees which incur attorney's fees and/or costs in connection with the defense of such actions or suits, their reasonable attorney's fees and costs incurred in connection with the defense of such actions or suits. Notwithstanding the foregoing, nothing contained in the preceding paragraph (or elsewhere in this Agreement) will, or may haveis intended to, against preclude or limit Sagemark from commencing an action to enforce its rights under this Agreement. (b) In consideration of the covenants and agreements set forth in this Agreement, and for other by reason ofgood and valuable consideration, on account ofthe receipt and sufficiency of which are hereby acknowledged, or Trident, Trident Growth, and Trident Management, LLC, for themselves and their respective subsidiaries, successors-in-interest, representatives, agents and assigns (collectively, the "Trident Releasors") hereby releases and discharges Sagemark and its officers, directors, shareholders, partners, employees, heirs, administrators, executors, representatives, attorneys, subsidiaries, successors and assigns acting as such (collectively, the "Sagemark Releasees"), from any and all Claims arising out at any time from the beginning of any matter, cause or thing whatsoever, which has happened, developed, or occurred before time through the Release Effective Date including but not limited to Claims arising in connection with or in any way related to the Purchase Agreement or the Note, and all activities, transactions and obligations arising thereunder, provided that nothing contained herein shall release the Sagemark Releasees from: (Ai) any and all claims, asserted or unasserted, arising from employment with or separation from the Company, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act claim of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common law, including but not limited to claims or suits for intentional interference with contractual relations, breach of the implied covenant any of good faith and fair dealingSagemark's representations, breach of contractwarranties, wrongful termination, negligent supervision, negligence, intentional and negligent infliction of emotional distress, defamation, false imprisonment, libel, and slander, covenants and/or obligations under this Agreement; and (Cii) any indebtedness Claims against any of the Sagemark Releasees which cannot be released under applicable law. Trident hereby (x) represents that none of the Trident Releasors have instituted any action or alleged indebtedness between Employee suit against any of the Sagemark Releasees relating to the Purchase Agreement or the Note, nor any activities, transactions and either Company, (D) any vacation, leave or other accruals, obligations arising thereunder; and (Ey) covenants and agrees that none of the Trident Releasors will institute any other action or grievance suit against the other party, or any of its respective agentsthe Sagemark Releasees, spousesnor in any way aid in the institution or prosecution of any such action or suit by third parties, employeesrelating to the Purchase Agreement or the Note, officersnor any activities, directors, shareholders, attorneys, counsel transactions and affiliates, based upon any conduct whatsoever, which has happened, developed, or occurred before the Effective Date. It is expressly agreed and understood that the releases contained here are GENERAL RELEASESobligations arising thereunder. In the event that any party institutes any the representation set forth in this paragraph is untrue, or the covenant set forth in this paragraph is breached, Trident agrees to reimburse those of the Sagemark Releasees which incur attorney's fees and/or costs in connection with the defense of such actions or suits, their reasonable attorney's fees and costs incurred in connection with the defense of such actions or suits. Notwithstanding the foregoing, nothing contained in the preceding paragraph (or elsewhere in this Agreement) will, or is intended to, preclude or limit Trident from commencing an action hereby released or to which he or it has agreed not enforce its rights under this Agreement. (c) The releases and covenants set forth in this Section 5 shall take effect upon, and are subject to xxx, Sagemark's receipt of the claim shall be dismissed immediately upon presentation of this Amendmentpayment set forth in Section 2(b) hereof (the "Release Effective Date").

Mutual Releases. Except Each Party, for rights arising under the Agreement, as amended by this Amendment, after the date hereof and any rights Employee or the Company has under any options, restrictive stock units or warrants to purchase the Company’s common stock held by Employee, as on behalf of the Effective Date, Employee, on the one hand, and the Company on the other hand, hereby fully, forever, irrevocably and unconditionally (i) release, remise, and discharge each other, itself and each of their its respective current and former predecessors, successors-in-interest, affiliates, subsidiaries, agents, spousesrepresentatives, employeesprincipals, managers, members, shareholders, assigns, co-venturers, partners, officers, directors, employees and attorneys, and each of them (collectively, the "Releasing Parties"), hereby fully and forever releases, acquits, and discharges each other Party and its respective current and former predecessors, successors-in-interest, affiliates, subsidiaries, agents, representatives, principals, managers, members, shareholders, assigns, co-venturers, partners, officers, directors, employees and attorneys, counsel and affiliates fromeach of them (collectively, "Released Parties"), of and from any and all liabilities, claims (ii) agree including any and covenant not to instituteall claims for attorneys fees), submitobligations, file debts, damages, costs, expenses, demands, actions and causes of action, of any and every kind and nature whatsoever, whether liquidated or bringunliquidated, fixed or permit to be institutedcontingent, submittedaccrued, filed inchoate, known or brought on his unknown (including, without limitation, any claim or its behalf against the other in demand before any court, administrative body, public agency, or any other forumbody) (collectively, any and all manner of claims, charges, complaints, demands, actions, causes of action, suits, rights, debts, dues, sums of money, costs, losses, accounts, reckonings, covenants, contracts, controversies, agreements, promises, leases, doings, omissions, damages, executions, obligations, liabilities, and expenses, and any and all other claims of every kind, nature and description whatsoever (including attorneys' fees and costs"Claims"), whether known or unknown, either at law, in equity, or mixed, that either which such Releasing Party ever had, now has, has or can, shall, or may have, against the other by reason of, on account of, or arising out of any matter, cause or thing whatsoever, which has happened, developed, or occurred before the Effective Date including but not limited to (A) any and all claims, asserted or unasserted, arising from employment with or separation could have from the Companybeginning of the world to the Closing Date, and specifically including any claims under any federal, state or local labor, employment, discrimination, human rights, civil rights, wage/hour, pension, or tort law, statute, order, rule, regulation or public policy, including but not limited to, those arising under (all as amended) the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the National Labor Relations Act, the Fair Labor Standards Act, the Occupational Safety and Health Act regardless of 1970, the Americans With Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act of 1973, the Family and Medical Leave Act of 1993, the Equal Pay Act of 1963, and the Consolidated Omnibus Budget Reconciliation Act of 1985, (B) those arising under common lawwhen such Claim ripens, including but not limited to any liability or Claim which such Releasing Party may now or hereafter have under the Prior Agreements; provided, however, that this Release shall exclude any claims or suits for intentional interference with contractual relations, arising as a result of a breach of the implied covenant of good faith covenants, agreements, representations and fair dealing, breach of contract, wrongful termination, negligent supervision, negligence, intentional warranties set forth in this Agreement. Each Releasing Party represents to each Released Party that (i) such Releasing Party has not assigned any Claim against any Released Party and negligent infliction of emotional distress, defamation, false imprisonment, libel(ii) the Releasing Party fully intends to release, and slanderby executing this Agreement it is releasing, all Claims (C) other than those Claims specifically reserved above). None of the Releasing Parties will institute any indebtedness litigation, lawsuit, claim or alleged indebtedness between Employee and either Company, (D) action against any vacation, leave or other accruals, and (E) any other action or grievance against the other partyReleased Party which arises from, or any of its respective agents, spouses, employees, officers, directors, shareholders, attorneys, counsel and affiliates, based upon any conduct whatsoever, which has happened, developedis alleged to arise from, or occurred before relates to, or is based on, or is in any way connected with, in whole or in part, the Effective Daterelationship between HP, CFC and ECO/EFC. The Releasing Parties agree that this release includes unknown Claims, whether suspected or unsuspected. It is expressly agreed and understood the intention of the Releasing Parties that the releases contained here are GENERAL RELEASESrelease will deprive them of each such unknown Claim, and prevent them from asserting such Claim against any Released Party. In the event that any party institutes any action hereby released or to which he or it has agreed not to xxx, the claim shall be dismissed immediately upon presentation furtherance of this Amendmentintention, each Releasing Party hereby expressly waives and relinquishes to the fullest extent permitted by law any and all rights and benefits conferred upon it by any state, federal or other statutory provision or equitable doctrine which provides that a general release does not extend to unknown claims existing in the releaser's favor at the time of execution of the release which may have affected in any way the settlement with the releasee. The Parties hereby acknowledge that the shares of HP common stock owned by ECO are subject to a continued security interest held by CFC.