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

Release and Covenant Not to Xxx. Employee, on behalf of Employee, Employee’s descendants, ancestors, dependents, heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trustees, directors, officers, agents, servants, employees, stockholders, representatives, assigns, and successors, and each of them (collectively referred to as “CORNELL Releasees”) with respect to and from any and all claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, obligations, debts, costs, expenses, interests, attorneys’ fees, contributions, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which Employee has at any time heretofore owned or held against said CORNELL Releasees, including, without limitation, those arising out of or in any way connected with Employee’s employment relationship with CORNELL or Employee’s termination or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any of them, committed or omitted prior to the date of this Agreement, and including, without limitation, claims for breach of contract, libel, slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out of any federal, state, or municipal statute or local law to which CORNELL Releasees may have been subject with regard to Employee.

Release and Covenant Not to Xxx. Employee(a) In consideration of the promises made by the Company in this Agreement, Executive agrees that he, on behalf of Employeehimself and any past, Employee’s descendants, ancestors, dependents, present or future heirs, executors, administrators, or assigns, hereby irrevocably and successors, unconditionally releases and holds harmless the Company and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trusteesthe Company’s agents, directors, officers, agentspartners, servantsmembers, employees, stockholders, representatives, attorneys and affiliated companies, divisions, subsidiaries and parents (and agents, directors, officers, partners, members, employees, representatives and attorneys of such affiliates), and its and their predecessors, successors, heirs, executors, administrators and assigns, and successorsall persons acting by, and each through, under or in concert with any of them (collectively referred to as “CORNELL Releasees”) with respect to and ), or any of them, from any and all claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, obligationssuits, debts, costscharges, expensescomplaints, interestspromises, attorneys’ feesclaims, contributionsdemands, damageslosses, judgmentsliabilities and obligations of any nature whatsoever, orders and liabilities of whatever kind in law or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which Employee has at any time heretofore owned or held against said CORNELL Releasees, including, without limitation, those arising out of or in any way connected with Employee’s employment relationship with CORNELL or Employee’s termination or any other transactions, occurrences, acts or omissions or any loss, damage or injury whateverequity, known or unknown, suspected or unsuspected, resulting fixed or contingent which Executive ever had, now has, or he or his heirs, executors, administrators or assigns hereafter may claim to have against each or any of the Releasees (hereinafter, the “Claims”), arising from or relating in any way to Executive’s employment relationship with the Company or the separation of that employment relationship, whether the Claims arise from any alleged violation by the Company of themany federal, committed state or omitted prior to the date of this Agreementlocal statutes, ordinances or common law, and whether based on contract, tort, or statute or any other legal or equitable theory of recovery. Such Claims include, without limitation, any Claims for severance or vacation or other benefits, unpaid wages, salary or incentive payment, breach of contract, tort, fraud, misrepresentation, defamation, libel, harassment, retaliation, violation of public policy, wrongful dismissal or discharge, breach of the implied covenant of good faith and fair dealing, and employment discrimination under any applicable federal, state or local statute, provision, order or regulation, including but not limited to, Claims arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Equal Pay Act, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act, the Family Medical Leave Act, the Massachusetts Fair Employment Rights Act; (k) the Annotated Laws of Massachusetts at Part I, Title XXI, Chapter 149 and Claims for damages or other remedies of any sort, including, without limitation, claims for breach of contractcompensatory damages, libelpunitive damages, slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out of any federal, state, or municipal statute or local law to which CORNELL Releasees may have been subject with regard to Employeeinjunctive relief and attorneys’ fees.

Release and Covenant Not to Xxx. EmployeeIn consideration of the benefits received by the Company and each of the Guarantors under this Agreement, and for other good and valuable consideration (the receipt, adequacy and sufficiency of which are hereby acknowledged), effective on the date of this Agreement, the Company and each of the Guarantors, on behalf of Employeeitself and its agents, Employee’s descendantsrepresentatives, ancestorsofficers, dependentsdirectors, advisors, employees, Subsidiaries, Affiliates, successors and assigns (collectively, “Releasors”), hereby forever waives, releases and discharges each Holder, the Trustee, the legal counsel and the financial advisor, and each of their respective officers, directors, partners, general partners, limited partners, managing directors, members, stockholders, trustees, shareholders, representatives, employees, principals, agents, parents, subsidiaries, predecessors, successors, assigns, beneficiaries, heirs, executors, administrators, assigns, personal or legal representatives and successors, and each attorneys of any of them, hereby covenants not to xxx and fully releaseseach in their capacities as such, acquits(collectively, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trustees, directors, officers, agents, servants, employees, stockholders, representatives, assigns, and successors, and each of them (collectively referred to as the “CORNELL Releasees”) with respect to ), of and from any and all claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, suits, obligations, demands, debts, agreements, promises, liabilities, controversies, costs, expenses, interests, attorneys’ fees, contributions, damages, judgmentsexpenses and fees whatsoever, orders whether arising from any act, failure to act, omission, misrepresentation, fact, event, transaction or other cause, and liabilities whether based on any federal, state, local or foreign law or right of whatever kind action, at law or nature in law, equity or otherwise, whether known foreseen or unknownunforeseen, suspected matured or unsuspected, and whether or not concealed or hidden, which Employee has at any time heretofore owned or held against said CORNELL Releasees, including, without limitation, those arising out of or in any way connected with Employee’s employment relationship with CORNELL or Employee’s termination or any other transactions, occurrences, acts or omissions or any loss, damage or injury whateverunmatured, known or unknown, suspected accrued or unsuspectednot accrued, resulting from which any of themReleasor now has, committed has ever had or omitted may hereafter have against any Releasee arising contemporaneously with or prior to the date of this Agreement, and including, without limitation, claims for breach Agreement or on account of contract, libel, slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out of any federalmatter, statecause, circumstance or event occurring contemporaneously with or prior to the date of this Agreement that relate to, arise out of, or municipal statute otherwise are in connection with any or local law to which CORNELL Releasees may have been subject with regard to Employeeall of the Indenture or transactions contemplated thereby (collectively, the “Released Claims”). NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, NOTHING HEREIN SHALL WAIVE, RELEASE OR DISCHARGE OR BE CONSTRUED OR OTHERWISE BE DEEMED TO WAIVE, RELEASE OR DISCHARGE IN ANY RESPECT ANY CLAIM AGAINST ANY RELEASEE ARISING OUT OF OR IN CONNECTION WITH THE ACTUAL FRAUD OF SUCH RELEASEE. The Company and each of the Guarantors, on behalf of itself and its agents, representatives, officers, directors, advisors, employees, Subsidiaries, Affiliates, successors and assigns, hereby unconditionally and irrevocably agrees that it will not xxx any Releasee on the basis of any Released Claim.

Release and Covenant Not to Xxx. EmployeeExcept only to enforce the terms of this Settlement Agreement, on behalf of Employeethe Parties shall and do forever mutually release and discharge each other and covenant not to xxx or bring any other legal or administrative action or claim against each other, Employee’s descendantsor their past and current officers, ancestorsdirectors, dependentsmanagers, heirsmembers, employees, representatives, stockholders, affiliates, parents, subsidiaries, partners, agents, servants, insurers, sureties, predecessors, successors and assigns, receivers, executors, administrators, assignsand beneficiaries, and successors, and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trustees, directors, officers, agents, servants, employees, stockholders, representatives, assigns, and successors, and each of them (collectively referred to as “CORNELL Releasees”) with respect to and from any and all entities in which Palm Coast has had an interest, directly or indirectly, from and concerning any and all liabilities, rights, claims, wages, demands, assistancedamages, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and noticesdebts, causes of action, obligationsagreements, debtswarranties, costscontroversies, expenses, interests, attorneys’ fees, contributions, damagespromises, judgments, orders obligations or controversies of every kind and liabilities of whatever kind description, in law or nature equity, whether arising in law, law or equity or by statute, by regulation, or otherwise, and regardless of the legal theory, whether known or unknown, suspected or unsuspected, unanticipated as well as anticipated and whether that now exist or not concealed or hiddenmay hereafter accrue based on matters now unknown as well as known under, which Employee has at any time heretofore owned or held against said CORNELL Releaseesrelated to, includingarising from, without limitation, those arising out of or in any way connected with Employee’s employment relationship the Funding Agreement. It is understood and agreed by all Parties that the release in this Section 6 is a general release of the Parties (except only to enforce the terms of this Settlement Agreement), and it is to be construed in the broadest possible manner consistent with CORNELL applicable law. Each Party represents and warrants that it is the exclusive owner of the claims such Party is releasing in the prior paragraph and that, as of the Effective Date, such Party has not assigned, sold, transferred or Employee’s termination otherwise conveyed those claims to any other person. Each Party represents and warrants that, other than the Outstanding Litigation, they have not filed with any court, tribunal or alternative dispute resolution organization any claim, demand, action, joinder or cause of action against the other Party or their past and current officers, directors, managers, members, employees, representatives, stockholders, affiliates, parents, subsidiaries, partners, agents, servants, insurers, sureties, predecessors, successors and assigns, receivers, executors, administrators, and beneficiaries, or any and all entities in which Palm Coast has had an interest, directly or indirectly under, related to, arising from, or in any way connected with the Funding Agreement. DEO shall, at no cost or expense to Palm Coast, immediately file all documents and take all action necessary to have the Outstanding Litigation and any other transactionsactions and proceedings under, occurrencesrelated to, acts arising from, or omissions or in any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any of them, committed or omitted prior way connected to the date Funding Agreement dismissed and discontinued with prejudice. DEO shall promptly provide Palm Coast with evidence of this Agreement, and including, without limitation, claims for breach of contract, libel, slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out of any federal, state, or municipal statute or local law to which CORNELL Releasees may have been subject its compliance with regard to Employeethe prior sentence.

Release and Covenant Not to Xxx. Employee(a) For and in consideration of the agreement by WisdomTree to provide Executive with the sums and benefits set forth in Paragraph 4, above, and for other good and valuable consideration, Executive, on behalf of EmployeeExecutive and Executive’s heirs, Employee’s descendants, ancestors, dependents, heirsrepresentatives, executors, administrators, assignssuccessors, assigns and attorneys, hereby releases and discharges WisdomTree, WTI, WT Subs and WT Advised Issuers, and successorsall of their respective subsidiaries, divisions and affiliated or related companies (collectively, the “Primary Releasees”), and each all of them, hereby covenants not to xxx the respective current and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trustees, former directors, officers, agents, servants, employees, stockholders, representativessuccessors, assigns, agents, representatives and successorsemployees of each, and each of them their members, trustees and attorneys (collectively referred to as collectively, the “CORNELL Secondary Releasees,” and, together with the Primary Releasees, the “Releasees”), of and from (i) with respect to any and all claims Executive ever had, now has, or may have in the future against one or more of the Primary Releasees regarding any cause, matter or thing arising on or before the Effective Date, and (ii) of and from any and all claimsclaims Executive ever had, wagesnow has or may have in the future against one or more of the Secondary Releasees regarding any cause, demandsmatter or thing arising on or before the Effective Date (but, assistancewith respect to this clause (ii), supportonly to the extent that the cause, rights, liens, agreements, contracts, covenants, actions, suits, rights matter or thing relates to appeal, entitlements and notices, causes of action, obligations, debts, costs, expenses, interests, attorneys’ fees, contributions, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which Employee has at any time heretofore owned or held against said CORNELL ReleaseesExecutive’s employment by WisdomTree), including, without limitation, those arising out of or in any way connected with Employeeall claims regarding Executive’s employment relationship by and/or the termination of Executive’s employment with CORNELL WisdomTree, any claim for equitable relief or Employee’s termination recovery of monies or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any of them, committed or omitted prior to the date of this Agreement, and including, without limitationdamages, claims for of breach of contract, libelwrongful termination, unjust dismissal, defamation, libel or slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon under any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out of any federal, state, or municipal statute state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual preference, any tort, any claim for wages, any claim for breach of a fair employment practice law, including, but not limited to, Title VII of the Civil Rights Act of 1964, the Older Workers Benefit Protection Act, the Civil Rights Act of 1991, the Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act, the Family and Medical Leave Act, the New York State Human Rights Law, the New York City Humans Rights Law, the New York Labor Law, workers compensation laws and any violation of any other local, state or federal law, ordinance or regulation, the common law and any other purported restriction on an employer’s right to which CORNELL terminate the employment of employees. It is the understanding and agreement of the parties that the release provided by this Paragraph 6(a) shall be a general release in all respects, except as to the limited release of the Secondary Releases as provided in subparagraph 6(a)(ii), above. Notwithstanding the foregoing, the aforesaid release does not extend to: (a) those rights and claims that cannot be waived as a matter of law; (b) Executive’s rights under this Agreement, including his right to claim entitlement to the payments and other benefits as set forth in this Agreement; or (c) Executive’s right to indemnification protections as an officer of WTI and/or any of the Releasees may have been subject with regard to Employeeas arising under contract, statute, regulation, certificates of incorporation or comparable documents of formation, or by-laws or comparable documents of organization.

Release and Covenant Not to Xxx. Employee(a) Each of the Borrower and the Guarantors, on behalf of Employee, Employee’s descendants, ancestors, dependentsfor itself and its Affiliates, heirs, executors, administrators, predecessors, successors, assigns, and successors, and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trusteesofficers, directors, officersmembers, shareholders, stockholders, agents, servantsemployees, and anyone claiming through or under any of them (collectively, “Releasors”), hereby releases and discharges the Administrative Agent, the Lenders, Deutsche Bank Securities Inc., and their respective predecessors, successors, assigns, current and former officers, directors, members, shareholders, stockholders, agents, attorneys, employees, stockholders, representatives, assigns, and successors, and each anyone claiming through or under any of them in their respective capacities as holders, directly or indirectly, of interests in the Facility or as parties to the Loan Documents (collectively referred to as collectively, the “CORNELL ReleaseesReleased Parties”) with respect to and ), from any and all claims, wagescounterclaims, demands, assistanceobligations, support, rights, liens, agreements, contracts, covenants, actionsliabilities, suits, rights to appealpromises, entitlements and noticesdefenses, offsets, causes of action, obligations, debts, costs, expenses, interests, attorneys’ fees, contributions, damagescontroversies, judgments, orders costs and liabilities expenses of whatever kind or nature relating to, in lawconnection with, equity or otherwisearising out of, the Facility or the documentation executed in connection therewith, and irrespective of how, why, or by reason of what facts, whether heretofore, now existing, or hereafter arising, or that could, might, or may be claimed to exist, of whatever kind or name that any Releasor may have against any Released Party, whether known or unknown, suspected or unsuspected, liquidated or unliquidated, and whether in law or not concealed or hiddenequity (collectively, which Employee has at any time heretofore owned or held against said CORNELL Releasees“Claims”), including, without limitation, those arising out all Claims alleging violations of federal or in any way connected with Employee’s employment relationship with CORNELL state securities laws, common law fraud or Employee’s termination deceit, breach of fiduciary duty, negligence, tort or any other transactionstheory, occurrencesbased upon, acts arising from, relating to, or omissions in connection with, directly or indirectly, any loss, damage issue or injury whatever, known or unknown, suspected or unsuspected, resulting from any of them, committed or omitted prior matter relating to the date of this AgreementFacility, and including, without limitation, claims for breach all discussions and negotiations relating thereto or the documentation executed in connection therewith or the conduct of contract, libel, slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out of any federal, state, or municipal statute or local law to which CORNELL Releasees may have been subject with regard to Employeethe parties thereto during the term thereof.

Release and Covenant Not to Xxx. Employee(a) Effective as of, from, and after the Effective Time,[ each of the Beneficial Owner and] the Stockholder, on behalf of Employeeitself and, Employee’s descendantsas applicable, ancestorsits present and former parents, dependentsSubsidiaries, Affiliates, officers, directors, managers, equityholders, members, family members, employees, beneficiaries, heirs, executors, administratorssuccessors, assigns, and successorsany other Person claiming by, through or under any of the foregoing (collectively, “Stockholder Releasors”) hereby absolutely, unconditionally and irrevocably releases, waives and forever discharges the Company and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each the Acquirer Indemnified Parties of them, as well as its owners, trustees, directors, officers, agents, servants, employees, stockholders, representatives, assigns, and successors, and each of them (collectively referred to as “CORNELL Releasees”) with respect to and from any and all claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, obligationssuits, losses, liabilities, rights, debts, dues, sums of money, accounts, reckonings, obligations, costs, expenses, interestsliens, attorneys’ feesbonds, contributionsbills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, orders extents, executions, claims, and liabilities demands, of whatever every kind or and nature in law, equity or otherwisewhatsoever, whether now known or unknown, foreseen or unforeseen, matured or unmatured, suspected or unsuspected, and whether in law, admiralty or not concealed or hiddenequity, which Employee has at any time heretofore owned of such Stockholder Releasors ever had, now have, or held hereafter can, shall, or may have against said CORNELL Releaseesthe Company and its Subsidiaries prior to the Effective Time for, includingupon, without limitationor by reason of any matter, those cause, or thing related to such Stockholder Releasors’ capacity as a[ direct or indirect] stockholder of the Company and arising out of or related to acts, events, circumstances, conditions or omissions occurring at or prior to the Effective Time (collectively, “Released Claims”); provided, however, that nothing contained in the foregoing shall operate to release any way connected with Employee(A) indemnification rights granted to[ the Beneficial Owner or] the Stockholder in its capacity as a director or officer of the Company (and solely in and to the extent of such capacity, and which shall not entitle the undersigned to indemnification in respect of any indemnification owed by the undersigned in the undersigned’s capacity as an Equityholder to Acquirer Indemnified Parties pursuant to Section 7.02 of the Merger Agreement) under the Delaware General Corporation Law or the provisions of the Company’s Organizational Documents; (B) rights granted to[ the Beneficial Owner or] the Stockholder pursuant to this Agreement, the Merger Agreement or any agreement, instrument, certificate or document delivered pursuant to the Merger Agreement; and (C) if[ the Beneficial Owner or] the Stockholder is or was an employee or consultant of the Company or any of its Subsidiaries, any claim for the payment or receipt of accrued but unpaid wages, salaries or other cash compensation or benefits to the extent already due and excluding any unpaid vacation or PTO that follows the Company’s or its Subsidiaries carryforward rules, in each case solely to the extent related to[ the Beneficial Owner’s or] the Stockholder’s employment or consulting relationship with CORNELL the Company or Employee’s termination any of its Subsidiaries. This release is intended to be a complete and general release with respect to the Released Claims being released herein, subject to the limitations set forth in the preceding sentence, and specifically includes claims that are known, unknown, fixed, contingent or conditional, including any breach of fiduciary duty, or claims arising under the Securities Act of 1933, as amended, or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any of them, committed or omitted prior to the date of this Agreement, and including, without limitation, claims for breach of contract, libel, slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out of any federal, state, or municipal statute blue sky or local law dealing with any securities. Subject to the reservation of rights and the limitation of the scope of the claims released herein,[ each of the Beneficial Owner and] the Stockholder for itself and for the other Stockholder Releasors expressly acknowledges that with respect to the release of known or unknown Released Claims being released herein, each Stockholder Releasor is aware that it may hereafter discover facts in addition to or different from those which CORNELL Releasees may have been it now knows or believes to be true with respect to the subject with regard to Employeematter herein, and the releases herein are binding and effective notwithstanding the discovery or existence of any such additional or different facts.

Release and Covenant Not to Xxx. Employee(a) In consideration of the promises made by the Company in the Transition Agreement, Executive agrees that he, on behalf of Employeehimself and any past, Employee’s descendants, ancestors, dependents, present or future heirs, executors, administrators, or assigns, hereby irrevocably and successors, unconditionally releases and holds harmless the Company and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trusteesthe Company’s agents, directors, officers, agentspartners, servantsmembers, employees, stockholders, representatives, attorneys and affiliated companies, divisions, subsidiaries and parents (and agents, directors, officers, partners, members, employees, representatives and attorneys of such affiliates), and its and their predecessors, successors, heirs, executors, administrators and assigns, and successorsall persons acting by, and each through, under or in concert with any of them (collectively referred to as “CORNELL Releasees”) with respect to and ), or any of them, from any and all claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, obligationssuits, debts, costscharges, expensescomplaints, interestspromises, attorneys’ feesclaims, contributionsdemands, damageslosses, judgmentsliabilities and obligations of any nature whatsoever, orders and liabilities of whatever kind in law or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which Employee has at any time heretofore owned or held against said CORNELL Releasees, including, without limitation, those arising out of or in any way connected with Employee’s employment relationship with CORNELL or Employee’s termination or any other transactions, occurrences, acts or omissions or any loss, damage or injury whateverequity, known or unknown, suspected or unsuspected, resulting fixed or contingent which Executive ever had, now has, or he or his heirs, executors, administrators or assigns hereafter may claim to have against each or any of the Releasees (hereinafter, the “Claims”), arising from or relating in any way to Executive’s employment relationship with the Company or the separation of that employment relationship, whether the Claims arise from any alleged violation by the Company of themany federal, committed state or omitted prior to the date of this Agreementlocal statutes, ordinances or common law, and whether based on contract, tort, or statute or any other legal or equitable theory of recovery. Such Claims include, without limitation, any Claims for severance or vacation or other benefits, unpaid wages, salary or incentive payment, breach of contract, tort, fraud, misrepresentation, defamation, libel, harassment, retaliation, violation of public policy, wrongful dismissal or discharge, breach of the implied covenant of good faith and fair dealing, and employment discrimination under any applicable federal, state or local statute, provision, order or regulation, including but not limited to, Claims arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Equal Pay Act, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act, the Family Medical Leave Act, the Massachusetts Fair Employment Rights Act; (k) the Annotated Laws of Massachusetts at Part I, Title XXI, Chapter 149 and Claims for damages or other remedies of any sort, including, without limitation, claims for breach of contractcompensatory damages, libelpunitive damages, slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out of any federal, state, or municipal statute or local law to which CORNELL Releasees may have been subject with regard to Employeeinjunctive relief and attorneys’ fees.

Release and Covenant Not to Xxx. EmployeeIn consideration of the rights and benefits set forth in the MSA, on behalf of EmployeeClaimant, Employee’s descendants, ancestors, dependentsas well as his respective assigns, heirs, executors, guardians, administrators, successors, representatives, agents, partners, attorneys and/or anyone claiming by or through him hereby unconditionally, irrevocably and forever release, resolve, relinquish, and discharge OSU, its past, current and/or present officers, directors, trustees, representatives, attorneys, agents, affiliates, divisions, predecessors, successors, assigns, and successorssubsidiaries, and each of theminsurers, hereby covenants not to xxx and fully releasessuppliers, acquitsother related entities, and discharges CORNELLheirs, and its subsidiaries and affiliatesexecutors, pastguardians, presentadministrators, future and each of them, as well as its owners, trustees, directors, officers, agents, servants, employees, stockholders, personal representatives, assignscurrent and former employees and/or anyone acting on OSU’s behalf (collectively, and successors, and each of them (collectively referred to as the “CORNELL ReleaseesReleased Parties”) with respect to and from any and all past, present or future claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages (compensatory, punitive or otherwise), losses, controversies, costs, expenses, interests, and attorneys’ feesfees of any nature whatsoever, contributionsboth direct and derivative, damageswhether based on any past, judgments, orders and liabilities of whatever kind present or nature in future federal law, equity state law, common law, territorial law, foreign law, reviver statute or otherwiselaw (including, but not limited to, any statute or law reviving or altering the applicable statute of limitations), contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), or equity, whether known or unknown, suspected or unsuspected, and whether asserted or not concealed unasserted, foreseen or hiddenunforeseen, which Employee has at any time heretofore owned actual or held against said CORNELL Releaseescontingent, includingliquidated or unliquidated, without limitationpunitive or compensatory, those arising that arise out of or relate in any way connected with Employee’s employment relationship with CORNELL to (i) the Actions; (ii) the facts or Employee’s termination allegations (express or any other transactionsimplied) that give rise to the Actions; (iii) claims that have been, occurrencescould have been, acts or should have been asserted in the Actions or otherwise; (iv) the conduct, actions or omissions of Dr. Xxxxxxx Xxxxxxx; (v) a sexually hostile or abusive environment at OSU (including but not limited to the OSU Athletic Department, Student Health Services, Xxxxxxx Hall or elsewhere), or deliberate indifference thereto; (vi) unlawful retaliation; (vii) actual or heightened risk of sexual harassment, discrimination, misconduct, abuse or assault, or deliberate indifference thereto; (viii) claimed deliberate indifference on the part of OSU; and (ix) claimed acts, failures to act, errors or omissions on the part of OSU (collectively, the “Released Claims”). For the avoidance of doubt, Released Claims include any lossclaims or complaints Claimant may have against the Released Parties arising from any aspect of the review of claims, damage allocation or injury whateverdistribution of the Settlement Fund, or conduct of the Settlement Administration Panel, including claims by those Claimants who may be dissatisfied with their settlement payments. This Release shall be interpreted to the fullest extent of res judicata principles. Claimant further agrees that he will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, suspected fixed or unsuspectedcontingent, resulting which they may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or related in any way to the Released Claims. Without limiting the foregoing, the Released Claims specifically extend to claims that Claimant does not know or suspect to exist in his favor at the time that the settlement set forth in the MSA and this Release become effective. This Release constitutes a waiver, without limitation as to any other applicable law, of Section 1542 of the California Civil Code, 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. Claimant understands and acknowledges the significance of these waivers of California Civil Code Section 1542 and similar federal and state statutes, case law, rules, or regulations relating to limitations on releases. In connection with such waivers and relinquishment, Claimant acknowledges that he is aware that he may hereafter discover facts in addition to, or different from, those facts that he now knows or believes to be true with respect to the subject matter of the settlement set forth in the MSA, but that it is his intention to release fully, finally, and forever all Released Claims with respect to the Released Parties, and in furtherance of such intention, the releases of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts. Claimant agrees and covenants, and will be deemed to have agreed and covenanted, not to xxx any of the Released Parties with respect to any of the Released Claims, or otherwise to assist or encourage others in doing so, and agrees to be forever barred from doing so, in any court of law or equity, or any other forum. Claimant agrees to indemnify and hold harmless the Released Parties against any and all loss, damages, liabilities or expense from any of themand all further claims, committed demands and actions that may hereafter or omitted prior at any time be brought against the Released Parties relating in any way to the date Released Claims of this Agreementthe Claimant, and includingincluding but not limited to, without limitationany claims, claims for breach demands or actions asserted by any other relation or family member of contract, libel, slander, wrongful discharge, intentional infliction of emotional harmthe Claimant, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating anyone subrogated to discrimination in employment, and/or any other claim arising out the rights of any federal, state, or municipal statute or local law to which CORNELL Releasees may have been subject with regard to Employeethe Claimant.

Release and Covenant Not to Xxx. EmployeeBorrowers jointly and severally release, on behalf of Employee, Employee’s descendants, ancestors, dependents, heirs, executors, administrators, assignsacquit, and successors, and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, forever discharge the Lender and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trustees, respective directors, officers, agents, servants, employees, stockholdersindependent contractors, representativesattorneys and agents (collectively, assignsthe “Released Parties”), to the fullest extent permitted by applicable state and successorsfederal law, from any and each all acts and omissions of them (collectively referred to as “CORNELL Releasees”) with respect to the Released Parties and from any and all claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, obligationscounterclaims, demands, controversies, costs, debts, costssums of money, expensesaccounts, interestsreckonings, attorneys’ feesbonds, contributionsbills, damages, judgmentsobligations, orders and liabilities of whatever kind or nature in lawliabilities, equity or otherwise, whether known or unknown, suspected or unsuspectedobjections, and executions of any nature, type, or description, which the Borrowers have or may have against the Released Parties, including, but not limited to, negligence, gross negligence, usury, fraud, deceit, misrepresentation, conspiracy, unconscionability, duress, economic duress, defamation, control, interference with contractual and business relationships, conflicts of interest, misuse of insider information, concealment, disclosure, secrecy, misuse of collateral, wrongful release of collateral, failure to inspect, environmental due diligence, negligent loan processing and administration, wrongful setoff, violations of statutes and regulations of governmental entities, instrumentalities and agencies (both civil and criminal), racketeering activities, securities and antitrust laws violations, tying arrangements, deceptive trade practices, breach or abuse of any alleged fiduciary duty, breach of any alleged special relationship, course of conduct or dealing, alleged obligation of fair dealing, alleged obligation of good faith, and alleged obligation of good faith and fair dealing, whether or not concealed in connection with or hiddenrelated to the Loan Documents, which Employee has and/or this Agreement, at any time heretofore owned or held against said CORNELL Releasees, including, without limitation, those arising out of law or in any way connected with Employee’s employment relationship with CORNELL equity, in contract, in tort, or Employee’s termination or any other transactions, occurrences, acts or omissions or any loss, damage or injury whateverotherwise, known or unknown, suspected or unsuspectedunsuspected (collectively, resulting from the “Released Claims”). The Borrowers further agree to limit any damages they may seek in connection with any claim or cause of action, if any, to exclude all punitive and exemplary damages, damages attributable to lost profits or opportunity, damages attributable to mental anguish, and damages attributable to pain and suffering, and the Borrowers do hereby waive and release all such damages with respect to any and all existing claims or causes of action against any of themthe Released Parties. The Borrowers represent and warrant that no facts exist which could presently or in the future could support the assertion of any of the released claims against the Released Parties. The Borrowers further covenant not to xxx the Released Parties on account of any of the Released Claims, committed and expressly waive any and all defenses they may have or omitted prior come to have in connection with their debts and obligations under the date of Loan Documents, and/or this Agreement. This section is in addition to and shall not in any way limit any other release, and including, without limitation, claims for breach of contract, libel, slander, wrongful discharge, intentional infliction of emotional harmcovenant not to xxx, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination waiver by the Borrowers in employment, and/or any other claim arising out favor of any federal, state, or municipal statute or local law to which CORNELL Releasees may have been subject with regard to Employeethe Released Parties.

Release and Covenant Not to Xxx. EmployeeOriginal Obligors, on behalf of Employee, Employee’s descendants, ancestors, dependents, themselves and their heirs, executors, administrators, successors and assigns, hereby release and successorsforever discharge Assuming Obligors and Lender, and any trustee of the Loan, any servicer of the Loan, any loan participant, each of themtheir respective predecessors in interest and successors and assigns, hereby covenants not to xxx and fully releasestogether with the officers, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its ownersdirectors, trustees, directors, officers, agents, servantspartners, employees, stockholdersinvestors, representatives, assigns, certificate holders and successors, and agents of each of them the foregoing (collectively referred to as collectively, the “CORNELL ReleaseesLender Parties”) with respect to and ), from any and all claimsdebts, wagesaccountings, demandsbonds, assistancewarranties, supportrepresentations, rightscovenants, lienspromises, contracts, controversies, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, obligations, debts, costs, expenses, interests, attorneys’ fees, contributionsclaims, damages, judgments, orders and liabilities executions, actions, inactions, liabilities, demands or causes of whatever kind action of any nature, at law or nature in lawequity, equity or otherwise, whether known or unknown, suspected which Original Obligors have now or unsuspectedin the future by reason of any cause, and whether matter or not concealed or hidden, which Employee has at any time heretofore owned or held against said CORNELL Releasees, thing including, without limitation, those matters arising out of or in any way connected with Employee’s employment relationship with CORNELL relating, directly or Employee’s termination or any other transactionsindirectly, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any of them, committed or omitted prior to to: (a) the date of this Agreement, and Loan including, without limitation, claims for breach its funding, administration and servicing; (b) the Loan Documents; (c) the Property; (d) any reserve and escrow balances held by Lender or any servicers of contractthe Loan; or (e) the sale, libelconveyance, slanderassignment or transfer of the Property. Original Obligors, wrongful dischargeon behalf of themselves and their heirs, intentional infliction successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of emotional harm, any suit or other tort, discrimination form of action or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out proceeding of any federalkind or nature whatsoever against Assuming Obligors or any of the Lender Parties by reason of or in connection with any of the foregoing matters, stateclaims or causes of action. Original Obligors each agree to indemnify, defend and hold the Assuming Obligors and Lender Parties harmless from and against any loss, damage (including without limitation incidental and consequential damages), deficiency, cost, expense (including without limitation costs of investigation and reasonable attorneys’ fees) claims, actions or municipal statute judgments, whether or local law not involving a third-party claim, resulting from any or all Original Obligors’ failure to which CORNELL Releasees may have been subject observe or comply with regard to Employeethe terms of this Section 6.

Release and Covenant Not to Xxx. EmployeeBorrower, each Original Indemnitor, Assignor and Assignee, on behalf of Employee, Employee’s descendants, ancestors, dependents, themselves and their heirs, executors, administrators, successors and assigns, hereby release and successorsforever discharge Lender, and Original Lender, each of themtheir predecessors in interest and their successors and assigns, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trusteestogether with any officers, directors, officers, agents, servantspartners, employees, stockholdersinvestors, representativescertificate holders and agents (including, assignswithout limitation, and successors, and servicers of the loan) of each of them the foregoing (collectively referred to as collectively, “CORNELL ReleaseesLender Parties”) with respect to and ), from any and all claimsdebts, wagesaccountings, demandsbonds, assistancewarranties, supportrepresentations, rightscovenants, lienspromises, contracts, controversies, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, obligations, debts, costs, expenses, interests, attorneys’ fees, contributionsclaims, damages, judgments, orders and liabilities executions, actions, inactions, liabilities, demands or causes of whatever kind action of any nature, at law or nature in lawequity, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hiddenunknown (the “Claims”), which Employee has at Borrower, such Original Indemnitor, Assignor or Assignee now have by reason of any time heretofore owned cause, matter or held against said CORNELL Releasees, thing through and including the date hereof including, without limitation, those matters arising out of or in any way connected with Employee’s employment relationship with CORNELL or Employee’s termination or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any of them, committed or omitted prior to relating to: (a) the date of this Agreement, and Loan including, without limitation, claims for breach its funding, administration and servicing; (b) the Loan Documents; (c) the Property; (d) any reserve or escrow balances held by Lender or any servicers of contractthe Loan, libelbut only to the extent the same has been held, slanderused or applied by Lender in accordance with the terms of the Loan Documents, wrongful dischargeas modified hereby; (e) the Transfer or Substitution (collectively, intentional infliction the “Released Claims”); and (f) any other disclosed agreement or transaction between Borrower, any Original Indemnitor, Assignor or Assignee and Lender Parties relating to the Loan. Borrower, each Original Indemnitor, Assignor and Assignee, on behalf of emotional harmthemselves and their heirs, successors and assigns, covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other tort, discrimination form of action or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out proceeding of any federalkind or nature whatsoever against any of Lender Parties by reason of or in connection with any of the Released Claims; provided, statehowever, that nothing contained herein shall be deemed or municipal statute construed to prevent or local law otherwise restrict any Original Indemnitor from raising as a defense against any Claims made by any Lender Parties the release of such Original Indemnitor made by Lender pursuant to which CORNELL Releasees may have been subject with regard to EmployeeSection 7 hereof.

Release and Covenant Not to Xxx. EmployeeIn consideration of the rights and benefits set forth in the Program, on behalf of EmployeeClaimant, Employee’s descendants, ancestors, dependentsas well as his respective assigns, heirs, executors, guardians, administrators, successors, representatives, agents, partners, attorneys and/or anyone claiming by or through him hereby unconditionally, irrevocably and forever releases, resolves, relinquishes, and discharges OSU, the Administrator, the Settlement Appeal Panel, and their past, current and/or present officers, directors, trustees, representatives, attorneys, agents, affiliates, divisions, predecessors, successors, assigns, and successorssubsidiaries, and each of theminsurers, hereby covenants not to xxx and fully releasessuppliers, acquitsother related entities, and discharges CORNELLheirs, and its subsidiaries and affiliatesexecutors, pastguardians, presentadministrators, future and each of them, as well as its owners, trustees, directors, officers, agents, servants, employees, stockholders, personal representatives, assignscurrent and former employees and/or anyone acting on behalf of OSU, and successorsthe Administrator, and each of them and/or the Settlement Appeal Panel (collectively referred to as collectively, the “CORNELL ReleaseesReleased Parties”) with respect to and from any and all past, present or future claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, suits, obligations, debts, demands, agreements, promises, liabilities, damages (compensatory, punitive or otherwise), losses, controversies, costs, expenses, interests, and attorneys’ feesfees of any nature whatsoever, contributionsboth direct and derivative, damageswhether based on any past, judgments, orders and liabilities of whatever kind present or nature in future federal law, equity state law, common law, territorial law, foreign law, reviver statute or otherwiselaw (including, but not limited to, any statute or law reviving or altering the applicable statute of limitations), contract, rule, regulation, any regulatory promulgation (including, but not limited to, any opinion or declaratory ruling), or equity, whether known or unknown, suspected or unsuspected, and whether asserted or not concealed unasserted, foreseen or hiddenunforeseen, which Employee has at any time heretofore owned actual or held against said CORNELL Releaseescontingent, includingliquidated or unliquidated, without limitationpunitive or compensatory, those arising that arise out of or relate in any way connected with Employee’s employment relationship with CORNELL to (i) the Actions; (ii) the facts or Employee’s termination allegations (express or any other transactionsimplied) that give rise to the Actions; (iii) claims that have been, occurrencescould have been, acts or should have been asserted in the Actions or otherwise; (iv) the conduct, actions or omissions of Dr. Xxxxxxx Xxxxxxx; (v) a sexually hostile or abusive environment at OSU (including but not limited to the OSU Athletic Department, Student Health Services, Xxxxxxx Xxxx or elsewhere), or deliberate indifference thereto; (vi) unlawful retaliation; (vii) actual or heightened risk of sexual harassment, discrimination, misconduct, abuse or assault, or deliberate indifference thereto; (viii) claimed deliberate indifference on the part of OSU; and (ix) claimed acts, failures to act, errors or omissions on the part of OSU, the Administrator, and/or the Settlement Appeal Panel (collectively, the “Released Claims”). For the avoidance of doubt, Released Claims include any lossclaims or complaints Claimant may have against the Released Parties arising from any aspect of the review of claims, damage determination or injury whateverdistribution of a settlement amount in the Program, or conduct of the Administrator or Settlement Appeal Panel, including any claim by the Claimant that he is dissatisfied with his settlement payment, or alleged breaches by the Released Parties of confidentiality related to claimants’ identities, claim information, or settlement amounts. This Release shall be interpreted to the fullest extent of res judicata principles. Claimant further agrees that he will not institute any action or cause of action (in law, in equity or administratively), suits, debts, liens, or claims, known or unknown, suspected fixed or unsuspectedcontingent, resulting which he may have or claim to have, in state or federal court, in arbitration, or with any state, federal or local government agency or with any administrative or advisory body, arising from or related in any way to the Released Claims. Without limiting the foregoing, the Released Claims specifically extend to claims that Claimant does not know or suspect to exist in his favor at the time that the settlement set forth in the Program and this Release become effective. This Release constitutes a waiver, without limitation as to any other applicable law, of Section 1542 of the California Civil Code, 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. Claimant understands and acknowledges the significance of these waivers of California Civil Code Section 1542 and similar federal and state statutes, case law, rules, or regulations relating to limitations on releases. In connection with such waivers and relinquishment, Claimant acknowledges that he is aware that he may hereafter discover facts in addition to, or different from, those facts that he now knows or believes to be true with respect to the subject matter of the settlement set forth in the Program, but that it is his intention to release fully, finally, and forever all Released Claims with respect to the Released Parties, and in furtherance of such intention, the releases of the Released Claims will be and remain in effect notwithstanding the discovery or existence of any such additional or different facts. Claimant agrees and covenants, and will be deemed to have agreed and covenanted, not to xxx any of the Released Parties with respect to any of the Released Claims, or otherwise to assist or encourage others in doing so, and agrees to be forever barred from doing so, in any court of law or equity, or any other forum. Claimant agrees to indemnify and hold harmless the Released Parties against any and all loss, damages, liabilities or expense from any of themand all further claims, committed demands and actions that may hereafter or omitted prior at any time be brought against the Released Parties relating in any way to the date Released Claims of this Agreementthe Claimant, and includingincluding but not limited to, without limitationany claims, claims for breach demands or actions asserted by any other relation or family member of contract, libel, slander, wrongful discharge, intentional infliction of emotional harmthe Claimant, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating anyone subrogated to discrimination in employment, and/or any other claim arising out the rights of any federal, state, or municipal statute or local law to which CORNELL Releasees may have been subject with regard to Employeethe Claimant.

Release and Covenant Not to Xxx. EmployeeAs a material inducement to the Company to enter into this Agreement, on behalf of EmployeeEmployee hereby irrevocably and unconditionally releases, Employee’s descendants, ancestors, dependents, heirs, executors, administrators, assigns, acquits and successors, forever discharges and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future the Company and each of them, as well as its the Company's owners, trusteesstockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, affiliates (and agents, servantsdirectors, officers, employees, stockholdersrepresentatives and attorneys of such divisions, representativessubsidiaries and affiliates) and all persons acting by, assignsthrough, and successors, and each under or in concert with any of them (collectively referred to as “CORNELL Releasees”) with respect to and "Releases"), or any of them, from any and all charges, complaints, claims, wagesliabilities, demandsobligations, assistance, support, rights, lienspromises, agreements, contractscontroversies, covenantsdamages, actions, suits, rights to appeal, entitlements and notices, causes of action, obligationssuits, debtsrights, demands, costs, expenseslosses, interestsdebts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, attorneys’ fees, contributions, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected unknown ("Claim" or unsuspected, and whether or not concealed or hidden"Claims"), which Employee has now has, owns, or holds or which Employee at any time heretofore previously had, owned or held against said CORNELL Releaseeseach of the Releases, including, without limitationbut not limited to, those arising out (a) all Claims of Age Discrimination under the Age Discrimination in Employment Act of 1967 or in any way connected with Employee’s similar state statute; (b) all Claims under the Employee Retirement Income Security Act of 1974; (c) all employment relationship with CORNELL or Employee’s termination discrimination Claims under the statutes of the State of New Jersey or any other transactionsstate; (d) all Claims of unlawful discrimination based on age, occurrencessex, acts or omissions race, religion, national origin, handicap, disability, equal pay or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any other basis; (e) all Claims of them, committed or omitted prior to the date of this Agreement, and including, without limitation, claims for breach of contract, libel, slander, wrongful discharge, retaliation, breach of any implied or express employment contract, negligent or intentional infliction of emotional harmdistress, libel, defamation, breach of privacy, fraud, and breach of any implied covenant of good faith and fair dealing; and (t) all Claims related to Employee's employment with the Company, including but not limited to all Claims related to unpaid wages, salary, overtime compensation, bonuses, commissions, severance pay, supplemental unemployment benefit pay, vacation pay, or other tort, discrimination compensation or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim benefits arising out of Employee's employment with the Company. Employee covenants and agrees not to bring any judicial action or action under the Conduent Dispute Resolution Plan (the "Plan") against any of the Releases with respect to any such Claim or Claims and warrants that no such Claim or Claims have been filed. By signing this Agreement, however, Employee is not waiving any rights or claims arising after the date on which reporting possible violations of a federal or state law or regulation to any governmental agency or entity, or participating in any proceedings or investigations with the federal, state, or municipal statute state or local law government agency or entity responsible for enforcing such laws. Employee is not required to which CORNELL Releasees may have been subject with regard to Employee.notify the Company that he has made such reports or disclosures. Separation Agreement and General Release/Xxxxxxx Xxxxxxx Initials: PAGE2 EXHIBIT 10.6(j)

Release and Covenant Not to Xxx. EmployeeAs a material inducement to the Company to enter into this Agreement, on behalf of EmployeeEmployee hereby irrevocably and unconditionally releases, Employee’s descendants, ancestors, dependents, heirs, executors, administrators, assigns, acquits and successors, forever discharges and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future the Company and each of them, as well as its the Company’s owners, trusteesstockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, affiliates (and agents, servantsdirectors, officers, employees, stockholdersrepresentatives and attorneys of such divisions, representativessubsidiaries and affiliates) and all persons acting by, assignsthrough, and successors, and each under or in concert with any of them (collectively referred to as “CORNELL Releasees”) with respect to and ), or any of them, from any and all charges, complaints, claims, wagesliabilities, demandsobligations, assistance, support, rights, lienspromises, agreements, contractscontroversies, covenantsdamages, actions, suits, rights to appeal, entitlements and notices, causes of action, obligationssuits, debtsrights, demands, costs, expenseslosses, interests, debts and expenses (including attorneys’ feesfees and costs actually incurred) of any nature whatsoever, contributions, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected unknown (“Claim” or unsuspected, and whether or not concealed or hidden“Claims”), which Employee has now has, owns, or holds or which Employee at any time heretofore previously had, owned or held against said CORNELL each of the Releasees, including, without limitationbut not limited to, those arising out (a) all Claims of Age Discrimination under the Age Discrimination in Employment Act of 1967 or in any way connected with Employee’s similar state statute; (b) all Claims under the Employee Retirement Income Security Act of 1974; (c) all employment relationship with CORNELL or Employee’s termination discrimination Claims under the statutes of the State of New Jersey or any other transactionsstate; (d) all Claims of unlawful discrimination based on age, occurrencessex, acts or omissions race, religion, national origin, handicap, disability, equal pay or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any other basis; (e) all Claims of them, committed or omitted prior to the date of this Agreement, and including, without limitation, claims for breach of contract, libel, slander, wrongful discharge, retaliation, breach of any implied or express employment contract, negligent or intentional infliction of emotional harmdistress, libel, defamation, breach of privacy, fraud, and breach of any implied covenant of good faith and fair dealing; and (f) all Claims related to Employee’s employment with the Company, including but not limited to all Claims related to unpaid wages, salary, overtime compensation, bonuses, commissions, severance pay, supplemental unemployment benefit pay, vacation pay, or other tort, discrimination compensation or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim benefits arising out of Employee’s employment with the Company. Employee covenants and agrees not to bring any judicial action or action under the Conduent Dispute Resolution Plan (the “Plan”) against any of the Releasees with respect to any such Claim or Claims and warrants that no such Claim or Claims have been filed; provided, however, that nothing herein shall release the Company from any claims by Employee arising out of (i) any director and officer indemnification or insurance obligations in favor of Employee and any related obligations for advancement and reimbursement of expenses or (ii) any director and officer indemnification obligations under the Company’s by-laws and any related obligations for advancement and reimbursement of expenses. By signing this Agreement, however, Employee is not waiving any rights or claims arising after the date on which this Agreement is executed. Nothing in this Agreement prohibits Employee from reporting possible violations of a federal or state law or regulation to any governmental agency or entity, or participating in any proceedings or investigations with the federal, state, or municipal statute state or local law government agency or entity responsible for enforcing such laws. Employee is not required to which CORNELL Releasees may have been subject with regard to Employeenotify the Company that he has made such reports or disclosures.

Release and Covenant Not to Xxx. EmployeeAs a material inducement to the Company to enter into this Agreement, on behalf of EmployeeEmployee hereby irrevocably and unconditionally releases, Employee’s descendants, ancestors, dependents, heirs, executors, administrators, assigns, acquits and successors, forever discharges and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future the Company and each of them, as well as its the Company's owners, trusteesstockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, affiliates (and agents, servantsdirectors, officers, employees, stockholdersrepresentatives and attorneys of such divisions, representativessubsidiaries and affiliates) and all persons acting by, assignsthrough, and successors, and each under or in concert with any of them (collectively referred to as “CORNELL Releasees”) with respect to and "Releases"), or any of them, from any and all charges, complaints, claims, wagesliabilities, demandsobligations, assistance, support, rights, lienspromises, agreements, contractscontroversies, covenantsdamages, actions, suits, rights to appeal, entitlements and notices, causes of action, obligationssuits, debtsrights, demands, costs, expenseslosses, interestsdebts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, attorneys’ fees, contributions, damages, judgments, orders and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected unknown ("Claim" or unsuspected, and whether or not concealed or hidden"Claims"), which Employee has now has, owns, or holds or which Employee at any time heretofore previously had, owned or held against said CORNELL Releaseeseach of the Releases, including, without limitationbut not limited to, those arising out (a) all Claims of Age Discrimination under the Age Discrimination in Employment Act of 1967 or in any way connected with Employee’s similar state statute; (b) all Claims under the Employee Retirement Income Security Act of 1974; (c) all employment relationship with CORNELL or Employee’s termination discrimination Claims under the statutes of the State of New Jersey or any other transactionsstate; (d) all Claims of unlawful discrimination based on age, occurrencessex, acts or omissions race, religion, national origin, handicap, disability, equal pay or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any other basis; (e) all Claims of them, committed or omitted prior to the date of this Agreement, and including, without limitation, claims for breach of contract, libel, slander, wrongful discharge, retaliation, breach of any implied or express employment contract, negligent or intentional infliction of emotional harmdistress, libel, defamation, breach of privacy, fraud, and breach of any implied covenant of good faith and fair dealing; and (f) all Claims related to Employee's employment with the Company, including but not limited to all Claims related to unpaid Separation Agreement And General Release/J. Xxxxxxx Xxxxxx Initials: PAGE2 EXHIBIT 10.6(f)(i) wages, salary, overtime compensation, bonuses, commissions, severance pay, supplemental unemployment benefit pay, vacation pay, or other tort, discrimination compensation or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim benefits arising out of Employee's employment with the Company. Employee covenants and agrees not to bring any judicial action or action under the Conduent Dispute Resolution Plan (the "Plan") against any of the Releases with respect to any such Claim or Claims and warrants that no such Claim or Claims have been filed. For the avoidance of doubt, the preceding two sentences shall be inapplicable to any claim for indemnification (including advancement of expenses) related to his service as an officer or director of the Company, arising at law or equity or the governing instruments (e.g., Articles of Incorporation or Bylaws) of the Company or arising under any policy of insurance maintained by the Company for the benefit of its directors and officers under which Employee is or may be an insured. By signing this Agreement, however, Employee is not waiving any rights or claims arising after the date on which reporting possible violations of a federal or state law or regulation to any governmental agency or entity, or participating in any proceedings or investigations with the federal, state, or municipal statute state or local law government agency or entity responsible for enforcing such laws. Employee is not required to which CORNELL Releasees may have been subject with regard to Employeenotify the Company that he has made such reports or disclosures.

Release and Covenant Not to Xxx. Employee(a) Effective immediately upon the effectiveness of this Amendment, Purchaser, on behalf of Employeeitself, Employee’s descendantsits direct and indirect affiliates, ancestorsparents, dependentsshareholders, heirsowners and subsidiaries, executorsand all of their respective present, former and future predecessors, successors, officers, directors, partners, principals, employees, attorneys, insurers, administrators, assignsrepresentatives, affiliates, parents, shareholders, owners, subsidiaries, agents and assigns (collectively, the “Purchaser Releasing Parties”), hereby irrevocably and unconditionally, fully, finally and forever waives, releases, acquits and discharges, the Seller Parties, their respective direct and indirect affiliates, parents, shareholders, owners and subsidiaries, and all of their respective present, former and future predecessors, successors, and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trusteesofficers, directors, officerspartners, agents, servantsprincipals, employees, stockholdersattorneys, insurers, administrators, representatives, assignsaffiliates, parents, shareholders, owners, subsidiaries, agents and successorsassigns (collectively, and each of them (collectively referred to as the “CORNELL ReleaseesSeller Released Parties”) with respect to and ), from any and all claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, obligationsdefenses, debtsagreements, costsdemands, expensesrights, interestsliabilities, attorneys’ fees, contributions, damages, judgments, orders and liabilities obligations of whatever any kind or nature whatsoever, whether in lawlaw or in equity, equity whether for damages or otherwiseother type of relief, whether asserted or unasserted, whether known or unknown, suspected whether accrued or unsuspectedunaccrued, and whether realized or not concealed unrealized, whether contingent or hiddenabsolute, whether disclosed or undisclosed, which Employee has at any time heretofore owned the Seller Releasing Parties have or held against said CORNELL Releaseesmay have or claim to have, includingnow or in the future, without limitationfrom the beginning of the world to and including the date of this Amendment, those arising out of any facts, acts, omissions, occurrences, events or in circumstances relating to [***] (the “Purchaser Released Claims”), including but not limited to (and solely to the extent arising from or relating to a Purchaser Released Claim) (i) any way connected with Employee’s employment relationship with CORNELL claim, defense, or Employee’s termination contention that UCB or UMI has breached or will breach any covenant, representation or warranty, or any other transactionsobligation in the Agreement, occurrences(ii) that a Material Adverse Event has occurred or will occur, acts (iii) that Purchaser is or omissions will be entitled to terminate or rescind the Agreement, (iv) that Purchaser is not or will not be, or was not, obligated to close the Agreement, (v) that any Purchaser Indemnitee is entitled to indemnification under Article IX of the Agreement or (vi) any claim, defense, or contention that the Transferred Subsidiary has breached, prematurely terminated or repudiated any Contract with, or otherwise improperly acted or failed to act with respect to, [***] or any lossof their respective affiliates. The parties hereto acknowledge that they may discover facts in addition to or different from those now known or believed to be true with respect to this release, damage or injury whateverbut that it is the intention of the parties hereto to completely, fully, finally and forever extinguish any and all claims, agreements, demands, rights, liabilities and obligations released in this Amendment, known or unknown, suspected or unsuspected, resulting from which now exist, or heretofore existed, or may hereafter exist, and without regard to the subsequent discovery of additional or different facts. Notwithstanding the foregoing, the release contained in this paragraph (a) shall not apply to the extent of (i) any of them, intentional fraud committed or omitted prior to by the Transferred Subsidiary against [***] during the six-month period preceding the date of this AgreementAmendment to the extent such intentional fraud caused the loss of [***] as a customer of the Transferred Subsidiary or (ii) liability of the Transferred Subsidiary to [***] arising prior to the Closing based on any actual breach or repudiation by the Transferred Subsidiary of any Contract between it and [***] including as set forth in the letter dated October 20, 2015 from [***] to the Transferred Subsidiary (it being understood that the exception in this clause (ii) does not pertain to the loss of [***] or any of their respective affiliates as a customer of the Transferred Subsidiary and including, without limitation, claims for breach is not intended to preserve any claim as to any diminution in value of contract, libel, slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim the Transferred Subsidiary arising out of any federal, state, or municipal statute or local law matter). References in this paragraph (a) to which CORNELL Releasees may have been subject with regard affiliates of [***] are deemed not to Employeeinclude [***].

Release and Covenant Not to Xxx. In exchange for the payments and other benefits described in this Agreement, Employee hereby forever RELEASES and COVENANTS NOT TO XXX Identix, its parents, subsidiaries, affiliates, predecessors, successors, assigns, related companies or entities, its or their employee benefit plans, trustees, fiduciaries and administrators, and any and all of its and their respective past or present officers, directors, partners, insurers, agents, representatives, attorneys and employees (each, a "Releasee" and together, the "Releasees") from any and all claims, causes of action, demands, judgments, liabilities and damages which Employee, on behalf of Employee, Employee’s descendants, ancestors, dependents, her heirs, executors, administrators, assigns, and successors, and each of them, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trustees, directors, officers, agents, servantsattorneys, employeesrepresentatives or assigns (all collectively included in the term "Employee" for purposes of this Section 6), stockholdershas, representatives, assigns, and successors, and each of them (collectively referred to as “CORNELL Releasees”) with respect to and from any and all claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, obligations, debts, costs, expenses, interests, attorneys’ fees, contributions, damages, judgments, orders and liabilities of whatever kind had or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden, which Employee has at any time heretofore owned or held may have against said CORNELL the Releasees, including, without limitation, those arising out of or in any way connected with Employee’s employment relationship with CORNELL or Employee’s termination or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatever, known or unknown, suspected or unsuspected, resulting from any of them, committed based on any events or omitted circumstances arising or occurring prior to and including the date of Employee's execution of this Agreement, and including, without limitation, including but not limited to any claims for breach of contract, libel, slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in Employee's employment or termination of employment by Identix or IPS, the 2001 Agreement, any rights of continued employment, and/or reinstatement or reemployment by Identix or IPS, and any other claim arising out of costs or attorneys' fees incurred by Employee, PROVIDED, HOWEVER, Employee is not waiving, releasing or giving up any federal, state, or municipal statute or local law to which CORNELL Releasees rights Employee may have been subject to test the knowing and voluntary nature of the Agreement under The Older Workers Benefit Protection Act or to workers' compensation benefits, to earned, banked or accrued but unused vacation pay, to vested benefits under any pension or savings plan, to continued benefits in accordance with regard the Consolidated Omnibus Budget Reconciliation Act of 1985 or to Employee.unemployment insurance..

Release and Covenant Not to Xxx. Employee(a) In consideration of the agreements of GE Capital contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each of Parent (as successor to Familymeds Group), Familymeds, Arrow and Familymeds Holdings, on behalf of Employee, Employee’s descendants, ancestors, dependents, heirs, executors, administratorsitself and its successors, assigns, and successorsother legal representatives, hereby absolutely, unconditionally and irrevocably releases, remises and forever discharges GE Capital and its successors and assigns, and each of themtheir present and former shareholders, hereby covenants not to xxx and fully releases, acquits, and discharges CORNELL, and its subsidiaries and affiliates, pastsubsidiaries, presentdivisions, future and each of them, as well as its owners, trusteespredecessors, directors, officers, agents, servantsattorneys, employees, stockholders, representatives, assigns, agents and successors, other representatives (GE Capital and each of them (collectively all such other Persons being hereinafter referred to collectively as the “CORNELL Releasees” and individually as a “Releasee”) with respect to ), of and from any and all claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, obligationssuits, debtscovenants, costscontracts, expensescontroversies, interestsagreements, attorneys’ feespromises, contributionssums of money, damagesaccounts, judgmentsbills, orders reckonings, damages and any and all other claims, counterclaims, defenses, rights of set-off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, every name and whether or not concealed or hidden, which Employee has at any time heretofore owned or held against said CORNELL Releasees, including, without limitation, those arising out of or in any way connected with Employee’s employment relationship with CORNELL or Employee’s termination or any other transactions, occurrences, acts or omissions or any loss, damage or injury whatevernature, known or unknown, suspected or unsuspected, resulting from both at law and in equity, which any of themParent (as successor to Familymeds Group), committed Familymeds, Familymeds Holdings or omitted Arrow or any of its successors, assigns, or other legal representatives may now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever which arises at any time on or prior to the date of this Agreement, and including, without limitation, claims for breach of contract, libel, slander, wrongful discharge, intentional infliction of emotional harmor on account of, or other tort, discrimination or harassment based upon any federal, statein relation to, or municipal statute in any way in connection with the First Amended Credit Agreement or local ordinance relating to discrimination in employment, and/or any of the other claim arising out of any federal, state, loan documents or municipal statute transactions thereunder or local law to which CORNELL Releasees may have been subject with regard to Employeerelated thereto.

Release and Covenant Not to Xxx. EmployeeIn consideration of the benefits received by the Company and each of the Guarantors under this Forbearance Agreement, and for other good and valuable consideration (the receipt, adequacy and sufficiency of which are hereby acknowledged), effective on the date of this Forbearance Agreement, the Company and each of the Guarantors, on behalf of Employeeitself and its agents, Employee’s descendantsrepresentatives, ancestorsofficers, dependentsdirectors, advisors, employees, Subsidiaries, Affiliates, successors and assigns (collectively, “Releasors”), hereby forever waives, releases and discharges each Holder, the Trustee, the Holders’ Advisors, and each of their respective officers, directors, partners, general partners, limited partners, managing directors, members, stockholders, trustees, shareholders, representatives, employees, principals, agents, parents, subsidiaries, predecessors, successors, assigns, beneficiaries, heirs, executors, administrators, assigns, personal or legal representatives and successors, and each attorneys of any of them, hereby covenants not to xxx and fully releaseseach in their capacities as such, acquits(collectively, and discharges CORNELL, and its subsidiaries and affiliates, past, present, future and each of them, as well as its owners, trustees, directors, officers, agents, servants, employees, stockholders, representatives, assigns, and successors, and each of them (collectively referred to as the “CORNELL Releasees”) with respect to ), of and from any and all claims, wages, demands, assistance, support, rights, liens, agreements, contracts, covenants, actions, suits, rights to appeal, entitlements and notices, causes of action, suits, obligations, demands, debts, agreements, promises, liabilities, controversies, costs, expenses, interests, attorneys’ fees, contributions, damages, judgmentsexpenses and fees whatsoever, orders whether arising from any act, failure to act, omission, misrepresentation, fact, event, transaction or other cause, and liabilities whether based on any federal, state, local or foreign law or right of whatever kind action, at law or nature in law, equity or otherwise, whether known foreseen or unknownunforeseen, suspected matured or unsuspected, and whether or not concealed or hidden, which Employee has at any time heretofore owned or held against said CORNELL Releasees, including, without limitation, those arising out of or in any way connected with Employee’s employment relationship with CORNELL or Employee’s termination or any other transactions, occurrences, acts or omissions or any loss, damage or injury whateverunmatured, known or unknown, suspected accrued or unsuspectednot accrued, resulting from which any of themReleasor now has, committed has ever had or omitted may hereafter have against any Releasee arising contemporaneously with or prior to the date of this Agreement, and including, without limitation, claims for breach Forbearance Agreement or on account of contract, libel, slander, wrongful discharge, intentional infliction of emotional harm, or other tort, discrimination or harassment based upon any federal, state, or municipal statute or local ordinance relating to discrimination in employment, and/or any other claim arising out of any federalmatter, statecause, circumstance or event occurring contemporaneously with or prior to the date of this Forbearance Agreement that relate to, arise out of, or municipal statute otherwise are in connection with any or local law all of the Indenture or transactions contemplated thereby; provided, that neither the Company nor any Guarantor shall have any obligation to which CORNELL Releasees may have been subject indemnify or hold harmless any Releasee hereunder with regard respect to Employeeliabilities to the extent they result from the gross negligence or willful misconduct of the Releasee as finally determined by a court of competent jurisdiction (collectively, the “Released Claims”). The Company and each of the Guarantors, on behalf of itself and its agents, representatives, officers, directors, advisors, employees, Subsidiaries, Affiliates, successors and assigns, hereby unconditionally and irrevocably agrees that it will not xxx any Releasee on the basis of any Released Claim.