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

Release and Covenant Not to Xxx. The Employee hereby fully and forever releases and discharges the Company and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “Released Person”), from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of Employee’s employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. The Employee expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against a Released Person, and that he has not assigned any claim against a Released Person. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person arising out of or in any way related to Employee’s employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 2 of the Change of Control Agreement, (c) claims for indemnification under the Company’s By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred.

Release and Covenant Not to Xxx. The Employee hereby fully and forever releases and discharges the Company and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “Released Person”)present, from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of Employee’s his or her employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § ss. 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. The Employee expressly represents that he or she has not filed a lawsuit or initiated any other administrative proceeding against a Released Personthe Company or any Affiliate, and that he or she has not assigned any claim against a Released Personthe Company or any Affiliate to any other person or entity. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person the Company or any Affiliate arising out of or in any way related to Employee’s his or her employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section Sections 2 [and 3] of the Change of Control Retention Agreement, or (c) claims for indemnification under the Company’s 's By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barredagreement.

Release and Covenant Not to Xxx. The In exchange for the Severance Pay described in paragraph 2 above, to the fullest extent permitted by applicable law, Employee hereby fully and forever unconditionally releases and discharges the Company Employer, all of its past, present and its parentsfuture parent, affiliates subsidiary, affiliated and subsidiariesrelated corporations, including all predecessors their predecessors, successors and successors, assigns, together with their divisions and departments, and all past or present officers, directors, trustees, employees, insurers, attorneys and agents and attorneys, past and present of any of them (the Company and each such person or entity is hereinafter referred to collectively as a “Released Person”"Releasees"), from and Employee covenants not to xxx or assert against Releasees in any and forum, for any purpose, any or all claims, administrative complaints, demands, liens, agreements, contracts, covenants, actions, suits, actions and causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders of every kind and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwisenature whatsoever, whether known at law or unknownin equity, and both negligent and intentional, arising through from or in any way related to Employee's employment or separation from Employer, based in whole or in part upon any act or omission, occurring on or before the date of this Releasegeneral release, out without regard to Employee's present actual knowledge of the act or omission, which Employee may now have, or which he, or any person acting on Employee’s employment by the Company 's behalf may at any future time have or the termination thereofclaim to have, includingincluding specifically, but not by way of limitation, matters which may arise at common law or under federal, state or local laws, including but not limited toto the Fair Labor Standards Act, any claims for relief or causes the Employee Retirement Income Security Act, the National Labor Relations Act, Title VII of action under the Civil Rights Act of 1964, the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.the Americans with Disabilities Act, or the Equal Pay Act, the Family and Medical Leave Act, the Utah Labor Code and any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal lawlaws, excepting only any claim for worker's compensation, unemployment compensation, COBRA rights, and any vested rights under any ERISA benefit plan. The Employee expressly represents does not waive or release any rights arising after the date of execution of this Agreement. Employee further agrees that he has will not filed a lawsuit in any manner encourage, counsel, participate in or initiated otherwise assist any other administrative proceeding party in the presentation or prosecution of any disputes, differences, grievances, claims, charges or complaints by any third party against a Released Personany of the Releasees, unless Employee is legally required to participate in any such matter pursuant to an enforceable subpoena or other court order to do so. Employee also agrees both to immediately notify the Employer’s Board of Directors upon receipt of any such subpoena or court order, and that he has not assigned to furnish, within three (3) business days of its receipt, a copy of such subpoena or other court order to the Employer’s Board of Directors. If approached by anyone for counsel or assistance in the presentation or prosecution of any claim disputes, differences, grievances, claims, charges, or complaints against a Released Person. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person arising out of or in any way related to Employee’s employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 2 of the Change of Control AgreementReleasees, (c) claims for indemnification under the Company’s By-Laws, under Employee shall state no more than that Employee cannot provide any indemnification agreement between the Company and the Employee counsel or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barredassistance.

Release and Covenant Not to Xxx. The In exchange for the Severance Pay described above, to the fullest extent permitted by applicable law, Employee hereby fully and forever unconditionally releases and discharges the Company Employer, all of its past, present and its parentsfuture parent, affiliates subsidiary, affiliated and subsidiariesrelated corporations, including all predecessors their predecessors, successors and successors, assigns, together with their divisions and departments, and all past or present officers, directors, trustees, employees, insurers, attorneys and agents and attorneys, past and present of any of them (the Company and each such person or entity is hereinafter referred to collectively as a “Released Person”"Releasees"), from and Employee covenants not to xxx or assert against Releasees in any and forum, for any purpose, any or all claims, administrative complaints, demands, liens, agreements, contracts, covenants, actions, suits, actions and causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders of every kind and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwisenature whatsoever, whether known at law or unknownin equity, and both negligent and intentional, arising through from or in any way related to Employee's employment or separation from Employer, based in whole or in part upon any act or omission, occurring on or before the date of this Releasegeneral release, out without regard to Employee's present actual knowledge of the act or omission, which Employee may now have, or which Employee’s employment by the Company , or the termination thereofany person acting on Employee's behalf may at any future time have or claim to have, includingincluding specifically, but not by way of limitation, matters which may arise at common law or under federal, state or local laws, including but not limited toto the Fair Labor Standards Act, any claims for relief or causes the Employee Retirement Income Security Act, the National Labor Relations Act, Title VII of action under the Civil Rights Act of 1964, the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq.the Americans with Disabilities Act, or the Equal Pay Act, the Family and Medical Leave Act, the Utah Labor Code and any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. The Employee expressly represents that he has not filed a lawsuit or initiated laws, excepting only any other administrative proceeding against a Released Personclaim for worker's compensation, unemployment compensation, COBRA rights, and that he has any vested rights under any ERISA benefit plan. Employee does not assigned waive or release any claim against a Released Personrights arising after the date of execution of this Agreement. The Employee further promises agrees that Employee will not to initiate a lawsuit or to bring any other claim against a Release Person arising out of or in any way related manner encourage, counsel, participate in or otherwise assist any non-governmental third-party in the presentation or prosecution of any disputes, differences, grievances, claims, charges or complaints by any non-governmental third party against any of the Releasees unless Employee is legally required to Employee’s employment by participate in any such matter pursuant to an enforceable subpoena or other court order to do so. Employee also agrees to immediately notify in writing the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 2 of the Change of Control Agreement, (c/o Vice President of Legal Affairs) claims for indemnification under and the Company’s By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms Board of Directors upon receipt of any equity incentive award agreement between the Employee non-governmental subpoena or court order, and the Company. This Release will not prevent the Employee from filing to furnish, within three (3) business days of its receipt, a charge with the Equal Employment Opportunity Commission (copy of such subpoena or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barredother court order.

Release and Covenant Not to Xxx. The Employee hereby fully and forever releases and discharges the Company and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “Released Person”)present, from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of Employee’s his or her employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. The Employee expressly represents that he or she has not filed a lawsuit or initiated any other administrative proceeding against a Released Personthe Company (including for purposes of this Section 2, its parents, affiliates and subsidiaries), and that he or she has not assigned any claim against a Released Personthe Company (or its parents, affiliates and subsidiaries) to any other person or entity. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person the Company (or its parents, affiliates and subsidiaries) arising out of or in any way related to Employee’s his or her employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 2 Section[s] [2] [3] [and 4] of the Change of Control Agreement, (c) claims for indemnification under the Company’s By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred.

Release and Covenant Not to Xxx. The Employee hereby fully and forever releases and discharges the Company and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “Released Person”)present, from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of Employee’s his or her employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § ss. 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law, except for any claims arising out of the Tuition Reimbursement Agreement dated May 24, 2001 between Employee and the Company. The Employee expressly represents that he or she has not filed a lawsuit or initiated any other administrative proceeding against a Released Personthe Company or any Affiliate, and that he or she has not assigned any claim against a Released Personthe Company or any Affiliate to any other person or entity. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person the Company or any Affiliate arising out of or in any way related to Employee’s his or her employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section Sections 2 [and 3] of the Change of Control Retention Agreement, or (c) claims for indemnification under the Company’s 's By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barredagreement.

Release and Covenant Not to Xxx. The Employee hereby fully and forever releases and discharges the Company and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “Released Person”)present, from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of Employee’s her employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § Section 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. The Employee expressly represents that he he/she has not filed a lawsuit or initiated any other administrative proceeding against a Released Personthe Company (including for purposes of this Section 2, its parents, affiliates and subsidiaries), and that he he/she has not assigned any claim against a Released Personthe Company (or its parents, affiliates and subsidiaries) to any other person or entity. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person the Company (or its parents, affiliates and subsidiaries) arising out of or in any way related to Employee’s her employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 2 3 of the Change of Control Agreement, (c) claims for indemnification under the Company’s 's By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred.FORM

Release and Covenant Not to Xxx. The Employee hereby fully and forever releases and discharges the Company and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “Released Person”)present, from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of Employee’s his or her employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law, [except for any claims arising out of the Tuition Reimbursement Agreement dated May 24, 2001 between Employee and the Company]. The Employee expressly represents that he or she has not filed a lawsuit or initiated any other administrative proceeding against a Released Personthe Company (including for purposes of this Section 2, its parents, affiliates and subsidiaries), and that he or she has not assigned any claim against a Released Personthe Company (or its parents, affiliates and subsidiaries) to any other person or entity. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person the Company (or its parents, affiliates and subsidiaries) arising out of or in any way related to Employee’s his or her employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 2 Section[s] [2] [3] [and 4] of the Change of Control Agreement, (c) claims for indemnification under the Company’s By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred.

Release and Covenant Not to Xxx. The Employee Xx. Xxxxxxx hereby fully and forever releases and discharges the Company and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “Released Person”)present, from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of Employee’s his employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. The Employee Xx. Xxxxxxx expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against a Released Personthe Company (including for purposes of this Section 2, its parents, affiliates and subsidiaries), and that he has not assigned any claim against a Released Personthe Company (or its parents, affiliates and subsidiaries) to any other person or entity. The Employee Xx. Xxxxxxx further promises not to initiate a lawsuit or to bring any other claim against a Release Person the Company (or its parents, affiliates and subsidiaries) arising out of or in any way related to Employee’s his employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 2 of the Change of Control Separation Agreement, (c) claims for indemnification under the Company’s By-Laws, under any indemnification agreement between the Company and the Employee Xx. Xxxxxxx or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee Xx. Xxxxxxx and the Company. This Release will not prevent the Employee Xx. Xxxxxxx from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee Xx. Xxxxxxx for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred.

Release and Covenant Not to Xxx. The Employee 3.1. In exchange for the good and valuable consideration contained in this Release, the Executive hereby fully and forever releases and discharges the Company Company, the Parent and its parentstheir Affiliates, affiliates and subsidiaries, including all each of their predecessors and successors, assigns, stockholders, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “Released Person”), ) from any and all claims, demands, liens, agreements, contracts, covenants, suits, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, or whether asserted or unasserted, which Executive now has, or hereafter can, shall or may have, upon or by reason of any act, transaction, practice, conduct, matter, cause or thing of any kind or nature whatsoever arising or occurring through the date of this ReleaseRelease (each, a “Claim”, and collectively, “Claims”), including, but not limited to, any Claim arising out of Employeethe Executive’s employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action Claim under the Age Discrimination in Employment Act, 29 U.S.C. § 621 621, et seq. (the “ADEA”), the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions Claim based upon alleged wrongful or retaliatory discharge or breach of contract contract, any Claim for attorneys’ fees, and any other Claim under any state other federal, state, local or federal lawforeign statute, ordinance, regulation, or under any contract, tort or common law theory. The Employee expressly represents that he has not filed a lawsuit or initiated any other administrative proceeding against a Released Person, and that he has not assigned any claim against a Released Person. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person arising out of or in any way related to Employee’s employment by the Company or the termination of that employment. The forgoing foregoing will not be deemed to release the Company from (a) claims Claims solely to enforce this Release. Notwithstanding the foregoing, Executive is not releasing any Claims hereunder with respect to (a) Executive’s right to be indemnified pursuant to the Company’s applicable governing documents, or Executive’s right to coverage under any applicable directors’ and officers’ liability insurance policies, (b) claims solely to enforce Section 2 of the Change of Control AgreementAccrued Benefits, (c) claims for indemnification under the Company’s By-Lawsany rights that Executive has to vested equity awards as of his Termination Date, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely his rights as a stockholder of the Parent, or (e) any rights which arise after the date on which Executive countersigns this Release with respect to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will matters that occurred after such date or which cannot prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted be released by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barredprivate agreement.

Release and Covenant Not to Xxx. The Employee hereby fully and forever releases and discharges the Company and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “Released Person”)present, from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of Employee’s her employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. The Employee expressly represents that he she has not filed a lawsuit or initiated any other administrative proceeding against a Released Personthe Company (including for purposes of this Section 2, its parents, affiliates and subsidiaries), and that he she has not assigned any claim against a Released Personthe Company (or its parents, affiliates and subsidiaries) to any other person or entity. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person the Company (or its parents, affiliates and subsidiaries) arising out of or in any way related to Employee’s her employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 2 Section[s] [2] [3] [and 4] of the Change of Control Agreement, (c) claims for indemnification under the Company’s By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred.

Release and Covenant Not to Xxx. The Employee hereby fully and forever releases and discharges the Company and its parents, affiliates and subsidiaries, including all predecessors and successors, assigns, officers, directors, trustees, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as a “Released Person”)present, from any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, obligations, controversies, debts, costs, expenses, damages, judgments, orders and liabilities, of whatever kind or nature, direct or indirect, in law, equity or otherwise, whether known or unknown, arising through the date of this Release, out of Employee’s his/her employment by the Company or the termination thereof, including, but not limited to, any claims for relief or causes of action under the Age Discrimination in Employment Act, 29 U.S.C. § Section 621 et seq., or any other federal, state or local statute, ordinance or regulation regarding discrimination in employment and any claims, demands or actions based upon alleged wrongful or retaliatory discharge or breach of contract under any state or federal law. The Employee expressly represents that he he/she has not filed a lawsuit or initiated any other administrative proceeding against a Released Personthe Company (including for purposes of this Section 2, its parents, affiliates and subsidiaries), and that he he/she has not assigned any claim against a Released Personthe Company (or its parents, affiliates and subsidiaries) to any other person or entity. The Employee further promises not to initiate a lawsuit or to bring any other claim against a Release Person the Company (or its parents, affiliates and subsidiaries) arising out of or in any way related to Employee’s his/her employment by the Company or the termination of that employment. The forgoing will not be deemed to release the Company from (a) claims solely to enforce this Release, (b) claims solely to enforce Section 2 3 of the Change of in Control Agreement, (c) claims for indemnification under the Company’s 's By-Laws, under any indemnification agreement between the Company and the Employee or under any similar agreement or (d) claims solely to enforce the terms of any equity incentive award agreement between the Employee and the Company. This Release will not prevent the Employee from filing a charge with the Equal Employment Opportunity Commission (or similar state agency) or participating in any investigation conducted by the Equal Employment Opportunity Commission (or similar state agency); provided, however, that any claims by the Employee for personal relief in connection with such a charge or investigation (such as reinstatement or monetary damages) would be barred.