Common use of Release and Covenant Not to Xxx Clause in Contracts

Release and Covenant Not to Xxx. Employee hereby irrevocably and unconditionally releases, acquits, and forever discharges the Company, Holdings, XJT Holdings, Inc., their subsidiaries and affiliates, and its and their stockholders, directors, officers, employees, representatives, agents, and attorneys, and all persons acting by, through, under or in concert with any of them (collectively "Releasees"), from any and all claims, liabilities, or causes of action of any nature whatsoever, known or unknown, arising prior to the date of execution of this Agreement. Employee agrees that she will affirm this covenant and the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of Employee’s employment with or separation from employment with any Releasee, including, but not limited to, any claims for breach of contract or implied contract, all claims for benefits (except vested benefits), all claims under the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx Xxx, 00 X.X.X. §000, et seq., the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001, et seq., the Family and Medical Leave Act of 1993, 29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e, et seq., as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment and Retraining Notification Act, the Conscientious Employee Protection Act, any state anti-discrimination statutes, and any other statutory, tort, contract or common law causes of action. The parties agree that the Agreement is to be broadly construed in favor of the Releasees. Employee also certifies that she has no unreported on-the-job injuries. Employee covenants not to xxx Releasees on any of the matters of the type enumerated above and hereby waives any right, promise, covenant, action, cause of action, claim, representation, controversy, contract, agreement, restitution, demand, or damage of any nature whatsoever.

Release and Covenant Not to Xxx. Employee hereby irrevocably 2.1 The Executive, his heirs and unconditionally releasesrepresentatives release, acquits, waive and forever discharges discharge the Company, Holdingsits predecessors and successors, XJT Holdingsassigns, Inc.stockholders, their subsidiaries and subsidiaries, parents, affiliates, and its and their stockholdersofficers, directors, officerstrustees, current and former employees, representatives, agents, agents and attorneys, past and present and in their respective capacities as such (the Company and each such person or entity is each referred to as a “Released Person”) from all persons acting by, through, under pending or in concert with any of them (collectively "Releasees"), from any and all potential claims, liabilitiescounts, or causes of action and demands of any kind whatsoever or nature whatsoeverfor money or anything else, whether such claims are known or unknown, arising that arose prior to the date of execution of Executive’s signing this Agreement. Employee agrees Agreement or that she will affirm this covenant and relate in any way to the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of EmployeeExecutive’s employment with or separation from termination of employment with any Releasee, includingthe Company. This release includes, but is not limited to, any claims for breach of contract or implied contract, and all claims for benefits (except vested benefits)of race discrimination, sexual discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination and unlawful retaliation and any and all claims under the following: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; Civil Rights Act of 1866, 42 U.S.C. § 1981 et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx XxxProtection Act, 00 X.X.X. §00029 U.S.C. § 621, et seq., the ; Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001, et seq., the Family and Medical Leave ; Rehabilitation Act of 19931973, 29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e§ 706, et seq.; any state, as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment municipal and Retraining Notification Act, the Conscientious Employee Protection Act, any state other local anti-discrimination statutes; any and all claims for alleged breach of an express or implied contract; any and all tort claims including, but not limited to, alleged retaliation for assertion of workers’ compensation rights; any and all claims under workers’ compensation law; and any and all claims for attorney’s fees. 2.2 The Executive expressly represents that he has not filed a lawsuit or initiated any other statutory, tort, contract or common law causes of actionadministrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The parties agree Executive further promises not to initiate a lawsuit or to bring any other claim against any Released Person arising out of or in any way related to the Executive’s employment by the Company or the termination of that employment. This Agreement will not prevent the Agreement is Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. In addition, this release shall not affect the Executive’s rights under the Older Workers Benefit Protection Act to be broadly construed in favor have a judicial determination of the Releaseesvalidity of this release and waiver. 2.3 The foregoing will not be deemed to release the Company from (a) claims solely to enforce this Agreement, (b) claims for indemnification under the Company’s By-Laws and/or any applicable indemnification agreements, and/or (c) claims to continue health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended or similar state law. Employee also certifies The foregoing will not be deemed to release any person or entity from claims arising after the date of this Agreement, whether under this Agreement, under the Employment Agreement or otherwise, including any additional benefits payable under Section 4.2(a)(3)(t), (y) and (z) if a Change of Control (as that she has no unreported on-the-job injuries. Employee covenants not to xxx Releasees on any of term is defined in the matters of Employment Agreement) occurs within 240 days after the type enumerated above and hereby waives any right, promise, covenant, action, cause of action, claim, representation, controversy, contract, agreement, restitution, demand, or damage of any nature whatsoeverTermination Date.

Release and Covenant Not to Xxx. Employee hereby irrevocably 2.1 The Executive, his heirs and unconditionally releasesrepresentatives release, acquits, waive and forever discharges discharge the Company, Holdingsits predecessors and successors, XJT Holdingsassigns, Inc.stockholders, their subsidiaries and subsidiaries, parents, affiliates, and its and their stockholdersofficers, directors, officerstrustees, current and former employees, representatives, agents, agents and attorneys, past and present and in their respective capacities as such (the Company and each such person or entity is each referred to as a “Released Person”) from all persons acting by, through, under pending or in concert with any of them (collectively "Releasees"), from any and all potential claims, liabilitiescounts, or causes of action and demands of any kind whatsoever or nature whatsoeverfor money or anything else, whether such claims are known or unknown, arising that arose prior to the date of execution of Executive’s signing this Agreement. Employee agrees Agreement or that she will affirm this covenant and relate in any way to the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of EmployeeExecutive’s employment with or separation from termination of employment with any Releasee, includingthe Company. This release includes, but is not limited to, any claims for breach of contract or implied contract, and all claims for benefits (except vested benefits)of race discrimination, sexual discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination and unlawful retaliation and any and all claims under the following: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; Civil Rights Act of 1866, 42 U.S.C. § 1981 et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx XxxProtection Act, 00 X.X.X. §00029 U.S.C. § 621, et seq.; Kansas Act Against Discrimination, the Chapter 44, Art. 10, K.S.A.; Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001, et seq., the Family and Medical Leave ; Rehabilitation Act of 19931973, 29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e§ 706, et seq.; any state, as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment municipal and Retraining Notification Act, the Conscientious Employee Protection Act, any state other local anti-discrimination statutes; any and all claims for alleged breach of an express or implied contract; any and all tort claims including, but not limited to, alleged retaliation for assertion of workers’ compensation rights; any and all claims under workers’ compensation law; and any and all claims for attorney’s fees. 2.2 The Executive expressly represents that he has not filed a lawsuit or initiated any other statutory, tort, contract or common law causes of actionadministrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The parties agree Executive further promises not to initiate a lawsuit or to bring any other claim against any Released Person arising out of or in any way related to the Executive’s employment by the Company or the termination of that employment. This Agreement will not prevent the Agreement is Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. In addition, this release shall not affect the Executive’s rights under the Older Workers Benefit Protection Act to be broadly construed in favor have a judicial determination of the Releasees. Employee also certifies that she has no unreported on-the-job injuries. Employee covenants validity of this release and waiver. 2.3 The foregoing will not be deemed to xxx Releasees on any release the Company from (a) claims solely to enforce this Agreement, (b) claims solely to enforce Section 6(b) of the matters of Employment Agreement, (c) claims solely to enforce the type enumerated above and hereby waives any right, promise, covenant, action, cause of action, claim, representation, controversy, contract, agreement, restitution, demand, or damage terms of any nature whatsoeverequity incentive award agreement between the Executive and the Company, (d) claims for indemnification under the Company’s By-Laws and/or any applicable indemnification agreements, and/or (e) claims to continue health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended or similar state law. The foregoing will not be deemed to release any person or entity from claims arising after the date of this Agreement, whether under this Agreement, under the Employment Agreement or otherwise.

Release and Covenant Not to Xxx. Employee hereby irrevocably (a) The Executive, his heirs and unconditionally releasesrepresentatives release, acquits, waive and forever discharges discharge the Company, Holdingsits predecessors and successors, XJT Holdingsassigns, Inc.stockholders, their subsidiaries and subsidiaries, parents, affiliates, and its and their stockholdersofficers, directors, officerstrustees, current and former employees, representatives, agents, agents and attorneys, past and present and in their respective capacities as such (the Company and each such person or entity is each referred to as a “Released Person”) from all persons acting by, through, under pending or in concert with any of them (collectively "Releasees"), from any and all potential claims, liabilitiescounts, or causes of action and demands of any kind whatsoever or nature whatsoeverfor money or anything else, whether such claims are known or unknown, arising that arose prior to the date of execution of Executive’s signing this Agreement. Employee agrees Release and that she will affirm this covenant and relate in any way to the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of EmployeeExecutive’s employment with or separation from termination of employment with any Releasee, includingthe Company. This release includes, but is not limited to, any claims for breach of contract or implied contract, and all claims for benefits (except vested benefits)of race discrimination, sexual discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination and unlawful retaliation and any and all claims under the following: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; Civil Rights Act of 1866,42 U.S.C. § 1981 et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx XxxProtection Act, 00 X.X.X. §00029 U.S.C. § 621, et seq., the ; Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001, et seq., the Family and Medical Leave ; Rehabilitation Act of 19931973, 29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e§ 706, et seq.; any state, as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment municipal and Retraining Notification Act, the Conscientious Employee Protection Act, any state other local anti-discrimination statutes; any and all claims for alleged breach of an express or implied contract; any and all tort claims including, but not limited to, alleged retaliation for assertion of workers’ compensation rights; any and all claims under workers’ compensation law; and any and all claims for attorney’s fees or costs. (b) The Executive expressly represents that he has not filed a lawsuit or initiated any other statutory, tort, contract or common law causes of actionadministrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The parties agree Executive further promises not to initiate a lawsuit or to bring any other claim against any Released Person arising out of or in any way related to the Executive’s employment by the Company or the termination of that employment. This Release will not prevent the Agreement is Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. In addition, this release shall not affect the Executive’s rights under the Older Workers Benefit Protection Act to be broadly construed in favor have a judicial determination of the Releasees. Employee also certifies that she has no unreported on-the-job injuries. Employee covenants validity of this release and waiver. (c) The foregoing will not be deemed to xxx Releasees on any release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 8 of the matters Employment Agreement, (c) claims for indemnification under the Company’s By-Laws and/or any applicable indemnification agreements, and/or (d) claims to continue health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended or similar state law. The foregoing will not be deemed to release any person or entity from claims arising after the type enumerated above and hereby waives any rightdate of this Release, promisewhether under this Release, covenant, action, cause of action, claim, representation, controversy, contract, agreement, restitution, demand, under the Employment Agreement or damage of any nature whatsoeverotherwise.

Release and Covenant Not to Xxx. Employee hereby irrevocably 2.1 The Executive, his heirs and unconditionally releasesrepresentatives release, acquits, waive and forever discharges discharge the Company, Holdingsits predecessors and successors, XJT Holdingsassigns, Inc.stockholders, their subsidiaries and subsidiaries, parents, affiliates, and its and their stockholdersofficers, directors, officerstrustees, current and former employees, representatives, agents, agents and attorneys, past and present and in their respective capacities as such (the Company and each such person or entity is each referred to as a “Released Person”) from all persons acting by, through, under pending or in concert with any of them (collectively "Releasees"), from any and all potential claims, liabilitiescounts, or causes of action and demands of any kind whatsoever or nature whatsoeverfor money or anything else, whether such claims are known or unknown, arising that arose prior to the date of execution of Executive’s signing this Agreement. Employee agrees Agreement or that she will affirm this covenant and relate in any way to the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of EmployeeExecutive’s employment with or separation from termination of employment with any Releasee, includingthe Company. This release includes, but is not limited to, any claims for breach of contract or implied contract, and all claims for benefits (except vested benefits)of race discrimination, sexual discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination and unlawful retaliation and any and all claims under the following: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; Civil Rights Act of 1866,42 U.S.C. § 1981 et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx XxxProtection Act, 00 X.X.X. §00029 U.S.C. § 621, et seq.; Kansas Act Against Discrimination, the Chapter 44, Art. 10, K.S.A.; Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001, et seq., the Family and Medical Leave ; Rehabilitation Act of 1993, 29 1973,29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e§ 706, et seq.; any state, as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment municipal and Retraining Notification Act, the Conscientious Employee Protection Act, any state other local anti-discrimination statutes; any and all claims for alleged breach of an express or implied contract; any and all tort claims including, but not limited to, alleged retaliation for assertion of workers’ compensation rights; any and all claims under workers’ compensation law; and any and all claims for attorney’s fees. 2.2 The Executive expressly represents that he has not filed a lawsuit or initiated any other statutory, tort, contract or common law causes of actionadministrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The parties agree Executive further promises not to initiate a lawsuit or to bring any other claim against any Released Person arising out of or in any way related to the Executive’s employment by the Company or the termination of that employment. This Agreement will not prevent the Agreement is Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. In addition, this release shall not affect the Executive’s rights under the Older Workers Benefit Protection Act to be broadly construed in favor have a judicial determination of the Releasees. Employee also certifies that she has no unreported on-the-job injuries. Employee covenants validity of this release and waiver. 2.3 The foregoing will not be deemed to xxx Releasees on any release the Company from (a) claims solely to enforce this Agreement, (b) claims solely to enforce Section 6(b) of the matters of Employment Agreement, (c) claims solely to enforce the type enumerated above and hereby waives any right, promise, covenant, action, cause of action, claim, representation, controversy, contract, agreement, restitution, demand, or damage terms of any nature whatsoeverequity incentive award agreement between the Executive and the Company, (d) claims for indemnification under the Company’s Amended and Restated Bylaws and/or any applicable indemnification agreements, and/or (e) claims to continue health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended or similar state law. The foregoing will not be deemed to release any person or entity from claims arising after the date of this Agreement, whether under this Agreement, under the Employment Agreement or otherwise.

Release and Covenant Not to Xxx. Employee hereby irrevocably 2.1 The Executive, his heirs and unconditionally releasesrepresentatives release, acquits, waive and forever discharges discharge the Company, Holdingsits predecessors and successors, XJT Holdingsassigns, Inc.stockholders, their subsidiaries and subsidiaries, parents, affiliates, and its and their stockholdersofficers, directors, officerstrustees, current and former employees, representatives, agents, agents and attorneys, past and present and in their respective capacities as such (the Company and each such person or entity is each referred to as a “Released Person”) from all persons acting by, through, under pending or in concert with any of them (collectively "Releasees"), from any and all potential claims, liabilitiescounts, or causes of action and demands of any kind whatsoever or nature whatsoeverfor money or anything else, whether such claims are known or unknown, arising that arose prior to the date of execution of Executive’s signing this Agreement. Employee agrees Agreement or that she will affirm this covenant and relate in any way to the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of EmployeeExecutive’s employment with or separation from termination of employment with any Releasee, includingthe Company. This release includes, but is not limited to, any claims for breach of contract or implied contract, and all claims for benefits (except vested benefits)of race discrimination, sexual discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination and unlawful retaliation and any and all claims under the following: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; Civil Rights Act of 1866,42 U.S.C. § 1981 et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx XxxProtection Act, 00 X.X.X. §00029 U.S.C. § 621, et seq.; Kansas Act Against Discrimination, the Chapter 44, Art. 10, K.S.A.; Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001, et seq., the Family and Medical Leave ; Rehabilitation Act of 1993, 29 1973,29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e§ 706, et seq.; any state, as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment municipal and Retraining Notification Act, the Conscientious Employee Protection Act, any state other local anti-discrimination statutes; any and all claims for alleged breach of an express or implied contract; any and all tort claims including, but not limited to, alleged retaliation for assertion of workers’ compensation rights; any and all claims under workers’ compensation law; and any and all claims for attorney’s fees. 2.2 The Executive expressly represents that he has not filed a lawsuit or initiated any other statutory, tort, contract or common law causes of actionadministrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The parties agree Executive further promises not to initiate a lawsuit or to bring any other claim against any Released Person arising out of or in any way related to the Executive’s employment by the Company or the termination of that employment. This Agreement will not prevent the Agreement is Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. In addition, this release shall not affect the Executive’s rights under the Older Workers Benefit Protection Act to be broadly construed in favor have a judicial determination of the Releasees. Employee also certifies that she has no unreported on-the-job injuries. Employee covenants validity of this release and waiver. 2.3 The foregoing will not be deemed to xxx Releasees on any of release the matters of Company from (a) claims solely to enforce this Agreement, (b) claims solely to enforce this Agreement, (c) claims solely to enforce the type enumerated above and hereby waives any right, promise, covenant, action, cause of action, claim, representation, controversy, contract, agreement, restitution, demand, or damage terms of any nature whatsoeverequity incentive award agreement between the Executive and the Company, (d) claims for indemnification under the Company’s By-Laws and/or any applicable indemnification agreements, and/or (e) claims to continue health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended or similar state law. The foregoing will not be deemed to release any person or entity from claims arising after the date of this Agreement, whether under this Agreement, under the Employment Agreement or otherwise.

Release and Covenant Not to Xxx. Employee hereby irrevocably (a) The Executive, his heirs and unconditionally releasesrepresentatives release, acquits, waive and forever discharges discharge the Company, Holdingsits predecessors and successors, XJT Holdingsassigns, Inc.stockholders, their subsidiaries and subsidiaries, parents, affiliates, and its and their stockholdersofficers, directors, officerstrustees, current and former employees, representatives, agents, agents and attorneys, past and present and in their respective capacities as such (the Company and each such person or entity is each referred to as a “Released Person”) from all persons acting by, through, under pending or in concert with any of them (collectively "Releasees"), from any and all potential claims, liabilitiescounts, or causes of action and demands of any kind whatsoever or nature whatsoeverfor money or anything else, whether such claims are known or unknown, arising that arose prior to the date of execution of Executive’s signing this Agreement. Employee agrees Release and that she will affirm this covenant and relate in any way to the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of EmployeeExecutive’s employment with or separation from termination of employment with any Releasee, includingthe Company. This Release includes, but is not limited to, any claims for breach of contract or implied contract, and all claims for benefits (except vested benefits)of race discrimination, sexual discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination and unlawful retaliation and any and all claims under the following: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; Civil Rights Act of 1866,42 U.S.C. § 1981 et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx XxxProtection Act, 00 X.X.X. §00029 U.S.C. § 621, et seq., the ; Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. X.X.X. §10010000, et seq., the Family and Medical Leave ; Rehabilitation Act of 19931973, 29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e§ 706, et seq.; any state, as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment municipal and Retraining Notification Act, the Conscientious Employee Protection Act, any state other local anti-discrimination statutes; any and all claims for alleged breach of an express or implied contract; any and all tort claims including, but not limited to, alleged retaliation for assertion of workers’ compensation rights; any and all claims under workers’ compensation law; and any and all claims for attorney’s fees or costs. (b) The Executive expressly represents that he has not filed a lawsuit or initiated any other statutory, tort, contract or common law causes of actionadministrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The parties agree Executive further promises not to initiate a lawsuit or to bring any other claim against any Released Person arising out of or in any way related to the Executive’s employment by the Company or the termination of that employment. This Release will not prevent the Agreement is Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. In addition, this release shall not affect the Executive’s rights under the Older Workers Benefit Protection Act to be broadly construed in favor have a judicial determination of the Releasees. Employee also certifies that she has no unreported on-the-job injuries. Employee covenants validity of this release and waiver. (c) The foregoing will not be deemed to xxx Releasees on any release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 8(e) of the matters Employment Agreement )as modified by the Consulting Agreement), (c) claims for indemnification under the Company’s By-Laws and/or any applicable indemnification agreements, and/or (d) claims to continue health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended or similar state law. The foregoing will not be deemed to release any person or entity from claims arising after the type enumerated above and hereby waives any rightdate of this Release, promisewhether under this Release, covenant, action, cause of action, claim, representation, controversy, contract, agreement, restitution, demand, under the Employment Agreement or damage of any nature whatsoeverotherwise.

Release and Covenant Not to Xxx. Employee hereby irrevocably 2.1. The Executive, his heirs and unconditionally releasesrepresentatives release, acquits, waive and forever discharges discharge the Company, Holdingsits predecessors and successors, XJT Holdingsassigns, Inc.stockholders, their subsidiaries and subsidiaries, parents, affiliates, and its and their stockholdersofficers, directors, officerstrustees, current and former employees, representatives, agents, agents and attorneys, past and present and in their respective capacities as such (the Company and each such person or entity is each referred to as a "Released Person") from all persons acting by, through, under pending or in concert with any of them (collectively "Releasees"), from any and all potential claims, liabilitiescounts, or causes of action and demands of any kind whatsoever or nature whatsoeverfor money or anything else, whether such claims are known or unknown, arising that arose prior to the date of execution of Executive's signing this Agreement. Employee agrees Agreement or that she will affirm this covenant and relate in any way to the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of Employee’s Executive's employment with or his separation from employment with any Releasee, includingthe Company. This release includes, but is not limited to, any claims for breach of contract or implied contract, and all claims for benefits (except vested benefits)of race discrimination, sexual discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination and unlawful retaliation and any and all claims under the following: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; Civil Rights Act of 1866, 42 U.S.C. § 1981 et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx XxxProtection Act, 00 X.X.X. §00029 U.S.C. § 621, et seq.; Kansas Act Against Discrimination, Chapter 44, Art. 10, K.S.A.; the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001, et seq., ; the Family and Medical Leave Rehabilitation Act of 19931973, 29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e§ 706, et seq.; any state, as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment municipal and Retraining Notification Act, the Conscientious Employee Protection Act, any state other local anti-discrimination statutes; any and all claims for alleged breach of an express or implied contract; any and all tort claims including, but not limited to, alleged retaliation for assertion of workers' compensation rights; any and all claims under workers' compensation law; and any other statutory, tort, contract or common law causes of actionand all claims for attorney's fees. 2.2. The parties agree Executive expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The Executive further promises not to initiate a lawsuit or to bring any other claim against any Released Person arising out of or in any way related to the Executive's employment by the Company or the resignation of that employment. This Agreement is will not prevent the Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. In addition, this release shall not affect the Executive's rights under the Older Workers Benefit Protection Act to be broadly construed in favor have a judicial determination of the Releaseesvalidity of this release and waiver. 2.3. Employee also certifies The foregoing will not be deemed to release the Company from (a) claims solely to enforce this Agreement, (b) claims for indemnification under the Company's By-Laws and/or any applicable indemnification agreements, and/or (c) claims to continue health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended or similar state law, and/or (d) claims that she has no unreported on-the-job injuriescannot, as a matter of law, be waived. Employee covenants The foregoing will not be deemed to xxx Releasees on release any person or entity from claims arising after the date of this Agreement. 2.4. The Executive agrees that, effective as of the matters date of this Agreement, no further vesting of any stock option, restricted stock award, restricted stock unit, stock appreciation right, or other equity based compensation shall occur, whether by virtue of the type enumerated above and hereby waives any rightExecutive’s resignation from employment, promise, covenant, action, cause actual or potential change of action, claim, representation, controversy, contract, agreement, restitution, demandcontrol of the Company, or damage of any nature whatsoeverotherwise.

Release and Covenant Not to Xxx. Employee hereby irrevocably 2.1 The Executive, his heirs and unconditionally releasesrepresentatives release, acquits, waive and forever discharges discharge the Company, Holdingsits predecessors and successors, XJT Holdingsassigns, Inc.stockholders, their subsidiaries and subsidiaries, parents, affiliates, and its and their stockholdersofficers, directors, officerstrustees, current and former employees, representatives, agents, agents and attorneys, past and present and in their respective capacities as such (the Company and each such person or entity is each referred to as a “Released Person”) from all persons acting by, through, under pending or in concert with any of them (collectively "Releasees"), from any and all potential claims, liabilitiescounts, or causes of action and demands of any kind whatsoever or nature whatsoeverfor money or anything else, whether such claims are known or unknown, arising that arose prior to the date of execution of Executive’s signing this Agreement. Employee agrees Release or that she will affirm this covenant and relate in any way to the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of EmployeeExecutive’s employment with or separation from termination of employment with any Releasee, includingthe Company. This release includes, but is not limited to, any claims for breach of contract or implied contract, and all claims for benefits (except vested benefits)of race discrimination, sexual discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination and unlawful retaliation and any and all claims under the following: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; Civil Rights Act of 1866,42 U.S.C. § 1981 et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx XxxProtection Act, 00 X.X.X. §00029 U.S.C. § 621, et seq., the ; Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001, et seq., the Family and Medical Leave ; Rehabilitation Act of 19931973, 29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e§ 706, et seq.; any state, as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment municipal and Retraining Notification Act, the Conscientious Employee Protection Act, any state other local anti-discrimination statutes; any and all claims for alleged breach of an express or implied contract; any and all tort claims including, but not limited to, alleged retaliation for assertion of workers’ compensation rights; any and all claims under workers’ compensation law; and any and all claims for attorney’s fees or costs. 2.2 The Executive expressly represents that he has not filed a lawsuit or initiated any other statutory, tort, contract or common law causes of actionadministrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The parties agree Executive further promises not to initiate a lawsuit or to bring any other claim against any Released Person arising out of or in any way related to the Executive’s employment by the Company or the termination of that employment. This Release will not prevent the Agreement is Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. In addition, this release shall not affect the Executive’s rights under the Older Workers Benefit Protection Act to be broadly construed in favor have a judicial determination of the Releasees. Employee also certifies that she has no unreported on-the-job injuries. Employee covenants validity of this release and waiver. 2.3 The foregoing will not be deemed to xxx Releasees on any release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 8 of the matters Employment Agreement, (c) claims for indemnification under the Company’s By-Laws and/or any applicable indemnification agreements, and/or (d) claims to continue health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985, as amended or similar state law. The foregoing will not be deemed to release any person or entity from claims arising after the type enumerated above and hereby waives any rightdate of this Release, promisewhether under this Release, covenant, action, cause of action, claim, representation, controversy, contract, agreement, restitution, demand, under the Employment Agreement or damage of any nature whatsoeverotherwise.

Release and Covenant Not to Xxx. 2.1 The Employee hereby irrevocably and unconditionally releasesthe Employee’s heirs and representatives release, acquits, waive and forever discharges discharge the Company, Holdingsits predecessors and successors, XJT Holdingsassigns, Inc.stockholders, their subsidiaries and subsidiaries, parents, affiliates, and its and their stockholdersofficers, directors, officerstrustees, current and former employees, representatives, agents, agents and attorneys, past and present and in their respective capacities as such (the Company and each such person or entity is each referred to as a “Released Person”) from all persons acting by, through, under pending or in concert with any of them (collectively "Releasees"), from any and all potential claims, liabilitiescounts, or causes of action and demands of any kind whatsoever or nature whatsoeverfor money or anything else, whether such claims are known or unknown, arising that arose prior to the date of execution of Employee’s signing this Agreement. Employee agrees Agreement or that she will affirm this covenant and relate in any way to the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of Employee’s employment with or separation from termination of employment with any Releasee, includingthe Company. This release includes, but is not limited to, any claims for breach of contract or implied contract, and all claims for benefits (except vested benefits)of race discrimination, sexual discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination and unlawful retaliation and any and all claims under the following: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; Civil Rights Act of 1866, 42 U.S.C. § 1981 et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2010, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx XxxProtection Act, 00 X.X.X. §00029 U.S.C. § 621, et seq., the ; Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001, et seq., the Family and Medical Leave ; Rehabilitation Act of 19931973, 29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e§ 706, et seq.; any state, as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment municipal and Retraining Notification Act, the Conscientious Employee Protection Act, any state other local anti-discrimination statutes; any and all claims for alleged breach of an express or implied contract; any and all tort claims including, but not limited to, alleged retaliation for assertion of workers’ compensation rights; any and all claims under workers’ compensation law; and any and all claims for attorney’s fees. 2.2 The Employee acknowledges that, while pursuant to Section 4(a)(3) of the Employment Agreement any outstanding stock options and stock appreciation rights granted by the Company to the Employee are to remain exercisable for twelve (12) months following the Employee’s termination of employment, or the expiration of the general term of the award specified in the relevant original award agreements, whichever is the shorter period, the Company is in the process of liquidating and dissolving and that the Company will likely cease to exist on or about April 15, 2017, and the Employee waives any right to exercise the stock options and stock appreciation rights after the date the Company is dissolved. 2.3 The Employee acknowledges that, while pursuant to Section 4(a)(3)(y) of the Employment Agreement the Company is required to provide disability insurance benefits to the Employee after the Termination Date and dental and health insurance benefits to the Employee and the Employee’s dependents after December 31, 2017, the Company is in the process of liquidating and dissolving and will not be able to continue to provide those disability insurance benefits to the Employee after the Termination Date or those dental and health insurance benefits after December 31, 2017, and, in consideration for the lump sum cash payments described in Section 1.2(f) and set forth on Appendix 1 the Employee waives and relinquishes all rights to receive (a) after the Termination Date, the Unum disability insurance benefits described in Section 4(a)(3)(y) of the Employment Agreement and (b) after December 31, 2017, any dental and health insurance benefits described in Section 4(a)(3)(y) of the Employment Agreement. 2.4 The Employee expressly represents that the Employee has not filed a lawsuit or initiated any other statutory, tort, contract or common law causes of actionadministrative proceeding against a Released Person and that the Employee has not assigned any claim against a Released Person. The parties agree Employee further promises not to initiate a lawsuit or to bring any other claim against any Released Person arising out of or in any way related to the Employee’s employment by the Company or the termination of that employment. 2.5 Notwithstanding anything to the Agreement is contrary in this Agreement, this release does not constitute a release or waiver of any claim by the Employee (i) solely to be broadly construed in favor enforce this Agreement, (ii) to continue group health plan coverage under Texas law and the terms of the Releaseesapplicable group health plan or for unemployment or workers’ compensation, (iii) for rights vested on the date the Employee signs this Agreement under the Company’s 401(k) plan or other employee benefit plan subject to ERISA, or (iv) that may arise after the Employee signs this Agreement. Employee also certifies that she has no unreported on-the-job injuries. Employee covenants Further, and notwithstanding anything to the contrary in this Agreement, this release does not to xxx Releasees on any constitute a release or waiver of the matters Employee’s right to file a charge or participate in an investigation or proceeding conducted by the Equal Employment Opportunity Commission (“EEOC”) or any other state or federal governmental entity with jurisdiction to regulate employment conditions or relations; however, the Employee does release and relinquish any right to receive any money, property, or any other thing of value, or any other financial benefit or award from any Released Person as a result of any proceeding of any kind or character initiated by the EEOC or any other state or federal governmental entity with jurisdiction to regulate employment conditions or relations. In addition, this release shall not affect the Employee’s rights under the Older Workers Benefit Protection Act (“OWBPA”) to have a judicial determination of the type enumerated above validity of this release and hereby waives any right, promise, covenant, action, cause of action, claim, representation, controversy, contract, agreement, restitution, demand, or damage of any nature whatsoeverwaiver.

Release and Covenant Not to Xxx. Employee hereby irrevocably 2.1 The Executive, his heirs and unconditionally releasesrepresentatives release, acquits, waive and forever discharges discharge the Company, Holdingsits predecessors and successors, XJT Holdingsassigns, Inc.stockholders, their subsidiaries and subsidiaries, parents, affiliates, and its and their stockholdersofficers, directors, officerstrustees, current and former employees, representatives, agents, agents and attorneys, past and present and in their respective capacities as such (the Company and each such person or entity is each referred to as a “Released Person”) from all persons acting by, through, under pending or in concert with any of them (collectively "Releasees"), from any and all potential claims, liabilitiescounts, or causes of action and demands of any kind whatsoever or nature whatsoeverfor money or anything else, whether such claims are known or unknown, arising that arose prior to the date of execution of Executive’s signing this Agreement. Employee agrees Agreement or that she will affirm this covenant and relate in any way to the release set forth below on her Resignation Date. Employee hereby releases the Releasees from any and all claims arising out of EmployeeExecutive’s employment with or separation from termination of employment with any Releasee, includingthe Company. This release includes, but is not limited to, any claims for breach of contract or implied contract, and all claims for benefits (except vested benefits)of race discrimination, sexual discrimination, national origin discrimination, religious discrimination, disability discrimination, age discrimination and unlawful retaliation and any and all claims under the following: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e et seq.; Civil Rights Act of 1866,42 U.S.C. § 1981 et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Xxxxxxxxxx XxxProtection Act, 00 X.X.X. §00029 U.S.C. § 621, et seq.; Kansas Act Against Discrimination, the Chapter 44, Art. 10, K.S.A.; Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. §§ 1001, et seq., the Family and Medical Leave ; Rehabilitation Act of 1993, 29 1973,29 U.S.C. §2601 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. §2000e§ 706, et seq.; any state, as amended, the Americans With Disabilities Act, 29 U.S.C. §12101, et seq., the Fair Labor Standards Act, 29 U.S.C. §201 et seq., the Worker Adjustment municipal and Retraining Notification Act, the Conscientious Employee Protection Act, any state other local anti-discrimination statutes; any and all claims for alleged breach of an express or implied contract; any and all tort claims including, but not limited to, alleged retaliation for assertion of workers’ compensation rights; any and all claims under workers’ compensation law; and any and all claims for attorney’s fees. 2.2 The Executive expressly represents that he has not filed a lawsuit or initiated any other statutory, tort, contract or common law causes of actionadministrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. The parties agree Executive further promises not to initiate a lawsuit or to bring any other claim against any Released Person arising out of or in any way related to the Executive’s employment by the Company or the termination of that employment. This Agreement will not prevent the Agreement is Executive from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Executive for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred. In addition, this release shall not affect the Executive’s rights under the Older Workers Benefit Protection Act to be broadly construed in favor have a judicial determination of the Releasees. Employee also certifies that she has no unreported on-the-job injuries. Employee covenants validity of this release and waiver. 2.3 The foregoing will not be deemed to xxx Releasees on any release the Company from (a) claims solely to enforce this Agreement, (b) claims solely to enforce Section 6(b) of the matters of Employment Agreement, (c) claims solely to enforce the type enumerated above and hereby waives any right, promise, covenant, action, cause of action, claim, representation, controversy, contract, agreement, restitution, demand, or damage terms of any nature whatsoever.equity incentive award agreement between the Executive and the Company, (d) claims for indemnification under the Company’s By-Laws and/or any applicable indemnification agreements, and/or