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

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns, agents, and attorneys), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs. 8.2 As of the Settlement Effective Date, the Class Representative, the Class Members, Defendant, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the Settlement Agreement in accordance with the procedures set forth in the Settlement Agreement. 8.3 Class Counsel, the Class Representative, Class Members, or the Plan, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the Plan, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class Representative, Class Members, and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 8.4 Class Representative, Class Members, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, each of them shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United

Release and Covenant Not to Xxx. 8.1 8.1. As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) ), the Class Representative Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors, and attorneys), assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2 8.2. As of the Settlement Effective Date, the Class RepresentativeRepresentatives, the Class Members, Defendant, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with the procedures set forth in the this Settlement Agreement. 8.3 8.3. Class Counsel, the Class Representative, Class Members, or the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class RepresentativePlan, Class MembersRepresentatives, and the Plan Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the this Settlement Agreement of which this release is a part. 8.4 8.4. Each Class Representative, Representative and Class Members, Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, each of them the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 8.5 : A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Also, the Class Representative Representatives and Class MembersMembers shall, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the UnitedUnited States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative Representatives, Individual Plaintiffs, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns, agents, and attorneys), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs., 8.2 As of the Settlement Effective Date, the Class RepresentativeRepresentatives, Individual Plaintiffs, the Class Members, Defendant, Members and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class RepresentativeRepresentatives, Individual Plaintiffs, Class Members, or the Plan, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the Plan, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the each Class Representative, Individual Plaintiff, Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class RepresentativeRepresentatives, Individual Plaintiffs, Class Members, Members and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the this Settlement Agreement of which this release is a part. 8.4 Each Class Representative, Individual Plaintiff, Class Members, Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, each of them shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to Section 1542 of the California Civil Code, which provides:by 8.5 Also, the Class Representative Representatives, Individual Plaintiffs, and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the UnitedUnited States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code. Class Representatives, Individual Plaintiffs, Class Members, and the Plan shall hold the Released Parties, Defense Counsel, Class Counsel, and the Settlement Administrator harmless from the costs (including, for example, attorneys’ fees and disbursements) of any proceedings (including, for example, investigation and suit), related to any tax liability.

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative Plans and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns, agents, past and attorneys), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs.present 8.2 As of the Settlement Effective Date, the Class Representative, the Class Members, Defendant, Members on behalf of themselves and the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with pursuant to the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class RepresentativeRepresentatives, Class Members, or the Plan, Plans may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, each Class Member and the Plan Plans shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class RepresentativeRepresentatives, Class Members, Members and the Plan Plans acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a partSettlement. 8.4 Each Class Representative, Class Members, Member and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon the entry of the Final Order, each of them shall be the Class Members are conclusively deemed to, and by operation of the Final Order shall, shall settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to without limitation, Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative Plans and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns, agents, past and attorneys), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs.present 8.2 As of the Settlement Effective Date, the Class Representative, the Class Members, Defendant, Members on behalf of themselves and the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with pursuant to the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class RepresentativeRepresentatives, Class Members, or the Plan, Plans may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, each Class Member and the Plan Plans shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class RepresentativeRepresentatives, Class Members, Members and the Plan Plans acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a partSettlement. 8.4 Each Class Representative, Class Members, Member and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon the entry of the Final Order, each of them shall be the Class Members are conclusively deemed to, and by operation of the Final Order shall, shall settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to without limitation, Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors, and attorneysassigns), on their own behalves behalf and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims Claims, whether or not such Class Members have received a monetary benefit from the Settlement, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed. 8.2 As of the Settlement Effective Date, the Class RepresentativeRepresentatives, the Class Members, Defendant, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class RepresentativeRepresentatives, Class Members, or the Plan, Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class RepresentativeRepresentatives, Class Members, Members and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the this Settlement Agreement Agreement, of which this release is a part. 8.4 Each Class Representative, each Class MembersMember, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, each of them the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to Section 1542 of the California Civil Code, which provides: 8.5 : A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Also, the Class Representative Representatives and Class MembersMembers shall, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights rights, and benefits conferred by any law or of any State or territory within the UnitedUnited States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors, and attorneys), on their own behalves and on behalf of the Plan, assigns) shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Defendants, the Plans and all Released Settling Parties from the Released Claims Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed. 8.2 As of the Settlement Effective Date, the Class Representative, the Class Members, Defendant, Members and the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with pursuant to the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class Representative, Class Members, or the PlanPlans, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plans, and the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the each Class Representative, Member and 8.4 Each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class Representative, Class Members, and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 8.4 Class Representative, Class Members, and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final OrderApproval order, each of them the Class Members shall be conclusively deemed to, and by operation of the Final Order Approval order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United

Release and Covenant Not to Xxx. 8.1 9.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) ), the Class Representative Representative, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successors, assigns, agents, and attorneys), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and CostsCosts and expenses. 8.2 9.2 As of the Settlement Effective Date, the Class Representative, the Class Members, DefendantDefendants, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration arbitration, or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the Settlement Agreement in accordance with the procedures set forth in the Settlement Agreement. 8.3 9.3 Class Counsel, the Class Representative, Class Members, or the Plan, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, Class Member Members, and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class Representative, Class Members, and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 8.4 9.4 The Class Representative, Class Members, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, each of them shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to Section 1542 of the California Civil Code, which provides: 8.5 9.5 Also, the Class Representative and Class Members, shall shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the UnitedUnited States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code. 9.6 The Class Representative, Class Members, Defendants, and the Plan shall hold the Released Settling Parties, Defense Counsel, Class Counsel, and the Settlement Administrator harmless from the costs (including, for example, attorneys’ fees and disbursements) of any proceedings (including, for example, investigation and suit), related to any tax liability.

Release and Covenant Not to Xxx. 8.1 9.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative and the all Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors, and attorneys), on their own behalves and on behalf of the Plan, assigns) shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Defendants, the Plan, and all Released Settling Parties from the Released Claims Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed. 8.2 9.2 As of the Settlement Effective Date, the Class Representative, the Class Members, Defendant, Members and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, proceeding or an arbitration or a proceeding before any state insurance or other department or commissionproceeding), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with pursuant to the procedures set forth in the this Settlement Agreement. 8.3 9.3 The Class Representatives, Class Counsel, the Class Representative, Class MembersPlan, or the Plan, Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with respect to Defendants, the Plan, and the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, each Class Member and the Plan shall expressly, upon shall 9.4 Upon the entry Effective Date of the Final Approval Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class RepresentativeRepresentatives, Class Members, and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 8.4 Class Representative, Class Members, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, each of them shall be conclusively deemed to, and by operation of the Final Effective Approval Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (Plan, subject to Independent Fiduciary approval as required by Paragraph in §§ 3.1) the Class Representative , 10.1, and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors and attorneys), on their own behalves and on behalf of the Planassigns, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs.have 8.2 As of the Settlement Effective Date, the Settlement Class Representative, the Class Members, Defendant, Members and the Plan (Plan, subject to Independent Fiduciary approval as required by Paragraph in §§ 3.1), 10.1, expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim based on the basis of, connected with, or arising out of any of the Released Claims). Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with pursuant to the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class Representative, Settlement Class Members, or the Plan, may hereafter discover facts in addition to or different from those that which they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plan and the Released Settling Parties and the Plan, or the decision to release, relinquish, waive, and discharge the Released Claims, or might have affected the decision of a Settlement Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, each Settlement Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, and by operation of the Final Order, shall have have, fully, finally, finally and forever settled, released, relinquished, waived, waived and discharged any and all Released Claims. The Settlement Class Representative, Class Members, Members and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was separately bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a partSettlement. 8.4 Each Settlement Class Representative, Class Members, Member and the Plan Plan, hereby stipulate stipulates and agree agrees with respect to any and all Released Claims that, upon the entry of the Final Order, each of them the Settlement Class Members shall be conclusively deemed to, and by operation of the Final Order shall, shall settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to without limitation, Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors, and attorneysassigns), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims Claims, whether or not such Class Members have filed an objection to received a monetary benefit from the Settlement or to any application by Settlement, whether of not such Class Counsel for an award of Attorneys’ Fees Members have executed and Costs.delivered a Former Participant 8.2 As of the Settlement Effective Date, the Class Representative, the Class Members, Defendant, Members and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), by Class Counsel, expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class Representative, Class MembersRepresentatives, or the Plan, by Class Counsel, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class RepresentativeRepresentatives, Class Members, Members and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the this Settlement Agreement of which this release is a part. 8.4 Each Class Representative, each Class MembersMember, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, each of them the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (Plans, subject to Independent Fiduciary approval as required by Paragraph in §§ 3.1) the Class Representative , 10.1, and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors and attorneys), on their own behalves and on behalf of the Planassigns, shall be deemed to have fully, finally, finally and forever settled, released, relinquished, waived, waived and discharged Defendants, the Plan and all Released Settling Parties from the Released Claims Claims, whether or not such Settlement Class Members have executed and delivered a Former Participant Claim Form, whether or not such Settlement Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Settlement Class Members have been approved or allowed. 8.2 As of the Settlement Effective Date, the Settlement Class Representative, the Class Members, Defendant, Members and the Plan (Plans, subject to Independent Fiduciary approval as required by Paragraph in §§ 3.1), 10.1, expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim based on the basis of, connected with, or arising out of any of the Released Claims). Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with pursuant to the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class Representative, Settlement Class Members, or the PlanPlans, may hereafter discover facts in addition to or different from those that which they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plans and the Released Settling Parties and the Plan, or the decision to release, relinquish, waive, and discharge the Released Claims, or might have affected the decision of a Settlement Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, each Settlement Class Member and the Plan Plans shall expressly, upon the entry of the Final Order, be deemed to have, and, and by operation of the Final Order, shall have have, fully, finally, finally and forever settled, released, relinquished, waived, waived and discharged any and all Released Claims. The Settlement Class Representative, Class Members, Members and the Plan Plans acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was separately bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a partSettlement. 8.4 Each Settlement Class Representative, Class Members, Member and the Plan Plans, hereby stipulate stipulates and agree agrees with respect to any and all Released Claims that, upon the entry of the Final Order, each of them the Settlement Class Members shall be conclusively deemed to, and by operation of the Final Order shall, shall settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to without limitation, Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors, and attorneys), on their own behalves and on behalf of the Plan, assigns) shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Defendants, the Plans, and all Released Settling Parties from the Released Claims Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed. 8.2 As of the Settlement Effective Date, the Class Representative, the Class Members, Defendant, Members and the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with pursuant to the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class Representative, Class Members, or the PlanPlans, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plans, and the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, the 8.4 Each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class Representative, Class Members, and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 8.4 Class Representative, Class Members, and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, each of them the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) Plaintiffs, the Class Representative Plans and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors, and attorneysassigns), on their own behalves and on behalf of the PlanPlans, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims Claims, whether or not such Settlement Class Members have received a monetary benefit from the Settlement, whether or not such Settlement Class Members have executed and delivered a Former Participant Claim Form, whether or not such Settlement Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Settlement Class Members have been approved or allowed. 8.2 As of the Settlement Effective Date, the Class RepresentativePlaintiffs, the Class Members, DefendantPlans, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), Settlement Class Members expressly agree that they, acting individually or together, or in combination with others, shall not xxx sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class RepresentativePlaintiffs, Settlement Class Members, or the Plan, Plans may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Settlement Class Member not to object to the Settlement. Notwithstanding the foregoing, the each Plaintiff, Settlement Class RepresentativeMember, Class Member and the Plan Plans shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class RepresentativePlaintiffs, Settlement Class Members, and the Plan Plans acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the this Settlement Agreement of which this release is a part. 8.4 Without admitting that California law applies to this Settlement Agreement, each Plaintiff, each Settlement Class Representative, Class MembersMember, and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, each of them the Settlement Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to Section 1542 of the California Civil Code, which provides: 8.5 : A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. Also, the Class Representative and Plaintiffs, Settlement Class Members, shall and the Plans shall, upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights rights, and benefits conferred by any law or of any State or territory within the UnitedUnited States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to Xxx. 8.1 8.1. As of the Settlement Effective Date, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) ), the Class Representative Representatives, and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors, and attorneys), assigns) on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, whether or not the objections or claims for distribution of such Class Members have been approved or allowed, and whether or not they received any monetary benefit from the settlement. 8.2 8.2. As of the Settlement Effective Date, the Class RepresentativeRepresentatives, the Class Members, Defendant, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with the procedures set forth in the this Settlement Agreement. 8.3 8.3. Class Counsel, the Class Representative, Class Members, or the Plan, the Class Representatives or Class Members may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class RepresentativePlan, Class MembersRepresentatives, and the Plan Class Members acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the this Settlement Agreement of which this release is a part. 8.4 8.4. Each Class Representative, Representative and Class Members, Member and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Order, each of them the Class Members shall be conclusively deemed to, and by operation of the Final Order shall, settle, release, relinquish, waive and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited claims pertaining specifically to Section 1542 of the California Civil Code, which provides: 8.5 : A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor. Also, the Class Representative Representatives and Class MembersMembers shall, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the UnitedUnited States or any foreign country, or any principle of common law, which is similar, comparable or equivalent in substance to Section 1542 of the California Civil Code.

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative and the Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors, and attorneys), on their own behalves and on behalf of the Plan, assigns) shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged Defendants, the Plans and all Released Settling Parties from the Released Claims Claims, whether or not such Class Members have executed and delivered a Former Participant Claim Form, whether or not such Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and Costs, and whether or not the objections or claims for distribution of such Class Members have been approved or allowed. 8.2 As of the Settlement Effective Date, the Class Representative, the Class Members, Defendant, Members and the Plan Plans (subject to Independent Fiduciary approval as required by Paragraph 3.1), expressly agree that they, acting individually or together, or in combination with others, shall not xxx or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with pursuant to the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class Representative, Class Members, or the PlanPlans, may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with Defendants, the Plans, and the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, the 8.4 Each Class Member and the Plan shall expressly, upon the entry of the Final Order, be deemed to have, and, by operation of the Final Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class Representative, Class Members, and the Plan acknowledge and shall be deemed by operation of the Final Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the Settlement Agreement of which this release is a part. 8.4 Class Representative, Class Members, and the Plan Plans hereby stipulate and agree with respect to any and all Released Claims that, upon the entry of the Final Order, each of them shall be the Class Members are conclusively deemed to, and by operation of the Final Order shall, shall settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to without limitation, Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United

Release and Covenant Not to Xxx. 8.1 As of the Settlement Effective Date, the Plaintiffs, the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1) the Class Representative in Article 3), and the Settlement Class Members (and their respective heirs, beneficiaries, executors, administrators, estates, successorspast and present partners, assignsofficers, directors, agents, attorneys, predecessors, successors, and attorneysassigns), on their own behalves and on behalf of the Plan, shall be deemed to have fully, finally, and forever settled, released, relinquished, waived, and discharged all Released Settling Parties from the Released Claims Claims, whether or not such Settlement Class Members have received a monetary benefit from the Settlement, whether or not such Settlement Class Members have filed an objection to the Settlement or to any application by Class Counsel for an award of Attorneys’ Fees and CostsExpenses, and whether or not the objections or claims for distribution of such Settlement Class Members have been approved or allowed. 8.2 As of the Settlement Effective Date, the Class RepresentativePlaintiffs, the Settlement Class Members, Defendant, and the Plan (subject to Independent Fiduciary approval as required by Paragraph 3.1Article 3), expressly agree that they, acting individually or together, or in combination with others, shall not xxx sue or seek to institute, maintain, prosecute, argue, or assert in any action or proceeding (including but not limited to an IRS determination letter proceeding, a Department of Labor proceeding, an arbitration or a proceeding before any state insurance or other department or commission), any cause of action, demand, or claim on the basis of, connected with, or arising out of any of the Released Claims. Nothing herein shall preclude any action to enforce the terms of the this Settlement Agreement in accordance with the procedures set forth in the this Settlement Agreement. 8.3 Class Counsel, the Class RepresentativePlaintiffs, Settlement Class Members, or the Plan, Plan may hereafter discover facts in addition to or different from those that they know or believe to be true with respect to the Released Claims. Such facts, if known by them, might have affected the decision to settle with the Released Settling Parties and the PlanParties, or the decision to release, relinquish, waive, and discharge the Released Claims, or the decision of a Settlement Class Member not to object to the Settlement. Notwithstanding the foregoing, the Class Representative, each Settlement Class Member and the Plan shall expressly, upon the entry of the Final Approval Order, be deemed to have, and, by operation of the Final Approval Order, shall have fully, finally, and forever settled, released, relinquished, waived, and discharged any and all Released Claims. The Class RepresentativePlaintiffs, Settlement Class Members, and the Plan acknowledge and shall be deemed by operation of the Final Approval Order to have acknowledged that the foregoing waiver was bargained for separately and is a key element of the Settlement embodied in the this Settlement Agreement of which this release is a part. 8.4 Without admitting that California law applies to this Settlement Agreement, each Plaintiff, each Settlement Class Representative, Class MembersMember, and the Plan hereby stipulate and agree with respect to any and all Released Claims that, upon entry of the Final Approval Order, each of them the Settlement Class Members shall be conclusively deemed to, and by operation of the Final Approval Order shall, settle, release, relinquish, waive waive, and discharge any and all rights or benefits they may now have, or in the future may have, under any law relating to the releases of unknown claims, including but not limited to Section 1542 of the California Civil Code, which provides: 8.5 Also, the Class Representative and Class Members, shall upon entry of the Final Order with respect to the Released Claims, waive any and all provisions, rights and benefits conferred by any law or of any State or territory within the United