Common use of Release and Waiver of Claims by Executive Clause in Contracts

Release and Waiver of Claims by Executive. (a) THIS BRING DOWN AGREEMENT PROVIDES A COMPLETE RELEASE AND WAIVER OF ALL EXISTING AND POTENTIAL CLAIMS EXECUTIVE MAY HAVE AGAINST EVERY PERSON AND ENTITY INCLUDED WITHIN THE DESCRIPTION BELOW OF “RELEASEE.” BEFORE EXECUTIVE SIGNS THIS RELEASE, EXECUTIVE MUST READ THIS SECTION 1 CAREFULLY, AND MAKE SURE THAT EXECUTIVE UNDERSTANDS IT FULLY. (b) I understand and agree that my acceptance of this Bring Down Agreement means that, except as stated in Section 1(c), I am knowingly, voluntarily, fully, finally, and completely forever waiving and giving up each and every claim, grievance, administrative claim or proceeding, dispute, claim, demand, arbitration, controversy, action, or cause of action, of whatever kind, character, or nature against the Company, its incorporated and unincorporated subsidiaries and affiliates and any successors or assigns of the foregoing, as well as each of their current or former Executives, attorneys, partners, members, agents, assigns, representatives, designees, insurers, and other related persons or entities, including their predecessors, successors, and equity and asset purchasers, together with their respective current or former officers, directors, members, managers, shareholders, partners (general and limited), agents, owners, legal representatives, servants, and Executives, and the assigns, heirs, privies, predecessors, successors, and insurers of each such person or entity in their individual, corporate, or official capacities (collectively, the “Releasees”), including, without limitation, all claims that in any way relate to, arise from, or are in any way connected with my employment with and/or separation from the Company and its affiliates, regardless of whether or not same (i) is presently known or unknown, (ii) has been specifically referenced, claimed, or asserted by me, or (iii) is statutory, contractual, or at common law in nature or basis. I acknowledge and agree that I am not aware of any unlawful activity or accounting or other disputes with the Company and the separation of employment is not as a result of any accounting dispute. Without limiting the generality or comprehensiveness of the above Section, I knowingly, voluntarily, fully, finally, and completely waive, release, and forever discharge the Releasees from all known and unknown claims, actions, causes of action, or demands existing as of the date of this Bring Down Agreement, including without limitation any and all claims for injunctive relief; attorneys’ fees; expenses; costs; actual, compensatory, exemplary, or punitive damages; physical injuries; personal injuries; emotional injuries; mental anguish; physical pain and suffering; wrongful discharge; any claims I may have under, without limitation, Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967 (the “ADEA”), the Older Worker Benefits Protection Act, the Family and Medical Leave Act of 1993, the statutory and regulatory laws and common law of Wisconsin, Missouri, and any other state, municipality, or locality, the Fair Labor Standards Act, Executive Retirement Income Security Act of 1974, the Worker Adjustment and Retraining Notification Act, the Uniformed Services Employment and Reemployment Rights Act, or any other civil rights statutes; harassment and/or discrimination because of protected characteristics (including, sex, race, color, national origin, religion, age, disability, veteran’s status), the filing of a workers’ compensation claim, or other protected classification; failure to accommodate; retaliation; incapacity; failure to pay proper wage, minimum wage, and/or overtime wages; unpaid wages; loss of wages; loss of earning capacity; loss of job security; humiliation; physical impairment and/or disfigurement; loss of consortium; harm to reputation; libel, slander, or defamation; medical expenses; personal property damage, loss or diminution in value; negligence; gross negligence; assault or battery; strict liability; malice; invasion of privacy; intentional infliction of emotional distress; negligent infliction of emotional distress; loss or diminution of career advancement; loss of dignity; any and all claims arising under any other federal, state, or local statute, law, ordinance, rule, regulation, or order prohibiting employment discrimination or retaliation; any claim under tort, wrongful discharge, breach of contract, or breach of agreement; and any other theory, claim, or cause of action whatsoever, whether known or unknown.

Release and Waiver of Claims by Executive. (a) THIS BRING DOWN AGREEMENT PROVIDES SECTION PROVIDES, TO THE EXTENT SET FORTH BELOW, A COMPLETE RELEASE AND WAIVER OF ALL EXISTING AND POTENTIAL CLAIMS EXECUTIVE MAY HAVE AGAINST EVERY PERSON AND ENTITY INCLUDED WITHIN THE DESCRIPTION BELOW OF “COMPANY RELEASEE.” BEFORE EXECUTIVE SIGNS THIS RELEASE, EXECUTIVE MUST READ THIS SECTION 1 4 CAREFULLY, AND MAKE SURE THAT EXECUTIVE UNDERSTANDS IT FULLY. (ba) I understand In consideration of Executive’s receipt and agree that my acceptance of the consideration contained in this Bring Down Agreement means thatfrom and/or on behalf of Company Releasees, except as stated in Section 1(cExecutive, on Executive’s own behalf and on behalf of each of Executive’s heirs, executors, administrators, successors and assigns, (collectively, “Executive Releasors”), I am knowinglyhereby irrevocably, voluntarilyunconditionally and generally releases: (i) HRG; (ii) any entity managed by HRG (collectively, fully“Designated Entities” and, finallytogether with HRG, and completely forever waiving and giving up each and every claim, grievance, administrative claim or proceeding, dispute, claim, demand, arbitration, controversy, action, or cause of action, of whatever kind, character, or nature against the Company, its incorporated and unincorporated subsidiaries and affiliates and “HRG Entities”); and (iii) any successors or assigns of the foregoing, as well as each of their current or former Executivesshareholder, attorneysdirector, partnersofficer, memberspartner, agentsmember, assignsagent, representativesattorney or employee, designees, insurers, and other related persons or entities, including their predecessors, successors, and equity and asset purchasers, together with their respective current or former officers, directors, members, managers, shareholders, partners of any of the HRG Entities (general and limited), agents, owners, legal representatives, servants, and Executives, and the assigns, heirs, privies, predecessors, successors, and insurers of each such person or entity Persons described in their individual, corporate, or official capacities Sections 4(a)(i) - (collectively, the iii) being collectively “Company Releasees”), including, without limitation, ; from any and all claims that in any way relate to, arise from, or are in any way connected with my employment with and/or separation from the Company and its affiliates, regardless of whether or not same (i) is presently known or unknown, (ii) has been specifically referenced, claimed, or asserted by me, or (iii) is statutory, contractual, or at common law in nature or basis. I acknowledge and agree that I am not aware of any unlawful activity or accounting or other disputes with the Company and the separation of employment is not as a result of any accounting dispute. Without limiting the generality or comprehensiveness of the above Section, I knowingly, voluntarily, fully, finally, and completely waive, release, and forever discharge the Releasees from all known and unknown claims, actions, causes of action, suits, debts, dues, sums of money, accounts, controversies, agreements, promises, damages, judgments, executions, liabilities, claims or demands existing demands, known or unknown and of any nature whatsoever (collectively, “Claims”) that any Executive Releasor ever had, now has or may have as of the date Release Effective Date of this Bring Down Agreement, including without limitation any and all claims for injunctive relief; attorneys’ fees; expenses; costs; actual, compensatory, exemplaryClaim arising directly or indirectly out of, or punitive damages; physical injuries; personal injuries; emotional injuries; mental anguish; physical pain and suffering; wrongful discharge; relating to, Executive’s employment with the Company or any claims I may have underrelationship with any Company Releasee, the payment or nonpayment of any compensation by any of the HRG Entities, the performance of services for the Company or any Company Releasee or the termination of such employment or services. (b) Specifically, without limitation, Title VII the release in Section 4(a) shall include and apply to any Claim: (i) arising under any contract or employment arrangement between the Parties, express or implied, written or oral, including the Employment Agreement and any bonus agreement; (ii) for payment of any bonuses and other payments, except as otherwise provided in Section 3(a) and Section 3(c) above; (iii) for constructive termination, unfair dismissal and/or wrongful dismissal or termination of employment; (iv) arising under any applicable federal, state, local or other statutes, orders, laws, ordinances, regulations or the like, or case law, that relate to employment or employment practices and/or, specifically, that prohibit discrimination based upon age, race, religion, sex, national origin, pregnancy, disability or any other unlawful bases, including the United States Constitution, the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Acts of 1866 and 1871, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967 (the “ADEA”), the Older Worker Benefits Protection Act, the Family and Medical Leave Act of 1993, the statutory and regulatory laws and common law Pregnancy Discrimination Act of Wisconsin, Missouri, and any other state, municipality, or locality1978, the Fair Labor Standards Act, Executive Employee Retirement Income Security Act of 1974, the Worker Workers Adjustment and Retraining Notification Relocation Notice Act, the Uniformed Services Employment and Reemployment Rights Equal Pay Act, the Sarbanes Oxley Act, and the Xxxx Xxxxx Act, and any similar applicable statutes, orders, laws, ordinances, regulations or the like, or case law, of the State of New York or any other civil rights statutes; harassment state in which any Company Releasee is subject to jurisdiction, and/or discrimination because any political subdivision thereof, including the New York State Human Rights Law (including its prohibitions of protected characteristics (including, sex, race, color, national origin, religion, age, disability, veteran’s statusage discrimination), the filing New York City Human Rights Law (including its prohibitions of a workers’ compensation claimage discrimination), the New York Labor Law, and the New York Civil Rights Law; or other protected classification; failure to accommodate; retaliation; incapacity; failure to pay proper wage, minimum wage, and/or overtime wages; unpaid wages; loss of wages; loss of earning capacity; loss of job security; humiliation; physical impairment and/or disfigurement; loss of consortium; harm to reputation; libel, slander, or defamation; medical expenses; personal property damage, loss or diminution in value; negligence; gross negligence; assault or battery; strict liability; malice; invasion of privacy; intentional infliction of emotional distress; negligent infliction of emotional distress; loss or diminution of career advancement; loss of dignity; any and all claims arising under based upon any other federal, statestate or local statutes, orders, laws, ordinances, regulations or the like, to the fullest extent permitted by such law; (v) for tortious or harassing conduct, infliction of mental distress, interference with contract, fraud, libel or slander, or local statuteon any other common law basis; and/or (vi) for damages, law, ordinance, rule, regulationincluding punitive or compensatory damages, or order prohibiting employment discrimination for attorneys’ fees, expenses, costs, wages, injunctive or retaliation; equitable relief. (c) Notwithstanding any claim provision in this Agreement or elsewhere to the contrary, neither Executive nor any other Executive Releasor is waiving or releasing: (i) any Claim for indemnification or advancement that Executive has under tortHRG corporate governance documents, wrongful discharge, breach of contractunder any indemnification agreement between Executive and HRG, or breach under applicable law ; (ii) any Claim for vested benefits pursuant to the terms of agreement; and the employee benefit plans in which Executive was a participant before the Separation Date; (iii) any other theoryClaim with respect to deferred cash awards, claimstock options, restricted stock awards, or cause of action whatsoevercomparable awards that were granted to Executive and that vested on or before the Release Effective Date; (iv) any Claim that arises after the Release Effective Date; (v) any right to enforce Claims arising under, whether known or unknownpreserved by, this Agreement; or (vi) any Claim that cannot legally be waived or that is based on willful fraud or criminal misconduct.

Release and Waiver of Claims by Executive. (a) THIS BRING DOWN AGREEMENT SECTION PROVIDES A COMPLETE RELEASE AND WAIVER OF ALL EXISTING AND POTENTIAL CLAIMS EXECUTIVE MAY HAVE AGAINST EVERY PERSON AND ENTITY INCLUDED WITHIN THE DESCRIPTION BELOW OF “RELEASEE.” BEFORE EXECUTIVE SIGNS THIS RELEASE, EXECUTIVE MUST READ THIS SECTION 1 4 CAREFULLY, AND MAKE SURE THAT EXECUTIVE UNDERSTANDS IT FULLY. (ba) I understand In consideration of Executive’s receipt and agree that my acceptance of the consideration contained in this Bring Down Agreement means thatfrom and/or on behalf of Releasees, except as stated in Section 1(c)Executive, I am knowinglyon Executive’s own behalf and on behalf of Executive’s heirs, voluntarilyexecutors, fullyadministrators, finallysuccessors and assigns, (collectively, “Releasor”) hereby irrevocably, unconditionally and generally releases: (i) the Company; (ii) the Company’s parents, and completely forever waiving direct and giving up each indirect affiliates, subsidiaries, divisions, and every claimother related entities (“Affiliates”); (iii) all entities managed by the Company and its Affiliates (“Designated Entities”) (collectively, grievance, administrative claim or proceeding, dispute, claim, demand, arbitration, controversy, action, or cause of action, of whatever kind, character, or nature against the Company, its incorporated Affiliates and unincorporated subsidiaries Designated Entities are referred to as the “HRG Entities”); and (iv) the current and affiliates and any successors or assigns of the foregoingformer shareholders, as well as each of their current or former Executivesdirectors, attorneysofficers, partners, members, agents, assignsattorneys and employees, representatives, designees, insurers, and other related of the HRG Entities (“Affiliated Persons”) (the persons or entities, including their predecessors, successors, and equity and asset purchasers, together with their respective current or former officers, directors, members, managers, shareholders, partners described in Sections 4(a)(i) - (general and limited), agents, owners, legal representatives, servants, and Executives, and the assigns, heirs, privies, predecessors, successors, and insurers of each such person or entity in their individual, corporate, or official capacities (collectively, the iv) are collectively referred to as “Releasees”), including, without limitation, all claims that in any way relate to, arise from, or are in any way connected with my employment with and/or separation from the Company and its affiliates, regardless of whether or not same (i) is presently known or unknown, (ii) has been specifically referenced, claimed, or asserted by me, or (iii) is statutory, contractual, or at common law in nature or basis. I acknowledge and agree that I am not aware of any unlawful activity or accounting or other disputes with the Company and the separation of employment is not as a result of any accounting dispute. Without limiting the generality or comprehensiveness of the above Section, I knowingly, voluntarily, fully, finally, and completely waiveeach, releaseas “Releasee”); from or in connection with, and forever discharge the Releasees from Releasor hereby waives and/or settles, with prejudice, any and all known and unknown claims, actions, causes of action, suits, debts, dues, sums of money, accounts, controversies, agreements, promises, damages, judgments, executions, or demands existing any liability, claims or demands, known or unknown and of any nature whatsoever and which Releasor ever had, now has or hereafter can, shall or may have as of the date Effective Date of this Bring Down Agreement, including without limitation arising directly or indirectly pursuant to or out of any and all claims aspect of Executive’s employment with the Company or any relationship with any other Releasee, the payment or nonpayment of any compensation by any of the HRG Entities, the performance of services for injunctive relief; attorneys’ fees; expenses; costs; actual, compensatory, exemplary, the Company or punitive damages; physical injuries; personal injuries; emotional injuries; mental anguish; physical pain and suffering; wrongful discharge; any claims I may have underReleasee or the termination of such employment or services. (b) Specifically, without limitation, Title VII this release shall include and apply to any rights and/or claims: (i) arising under any contract or employment arrangement between Executive and the Company, express or implied, written or oral, including the Employment Agreement and any bonus agreement; (ii) for payment of any bonuses and other payments, except as expressly set forth in Section 3(a) and Section 3(c) of this Agreement; (iii) for constructive termination, unfair dismissal and/or wrongful dismissal or termination of employment; (iv) arising under any applicable federal, state, local or other statutes, orders, laws, ordinances, regulations or the like, or case law, that relate to employment or employment practices and/or, specifically, that prohibit discrimination based upon age, race, religion, sex, national origin, pregnancy, disability or any other unlawful bases, including the United States Constitution, the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Acts of 1866 and 1871, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967 (the “ADEA”), the Older Worker Benefits Protection Act, the Family and Medical Leave Act of 1993, the statutory and regulatory laws and common law Pregnancy Discrimination Act of Wisconsin, Missouri, and any other state, municipality, or locality, the Fair Labor Standards Act1978, Executive Retirement Income Security Act of 19741990, the Worker Workers Adjustment and Retraining Notification Relocation Notice Act, the Uniformed Services Employment and Reemployment Rights Equal Pay Act, the Sarbanes Oxley Act, and the Xxxx Xxxxx Act, and any similar applicable statutes, orders, laws, ordinances, regulations or the like, or case law, of the State of New York or any other civil rights statutes; harassment state in which any Releasee is subject to jurisdiction, and/or discrimination because any political subdivision thereof, including the New York State Human Rights Law (including its prohibitions of protected characteristics (including, sex, race, color, national origin, religion, age, disability, veteran’s statusage discrimination), the filing New York City Human Rights Law (including its prohibitions of a workers’ compensation claimage discrimination), the New York Labor Law, and the New York Civil Rights Law; or other protected classification; failure to accommodate; retaliation; incapacity; failure to pay proper wage, minimum wage, and/or overtime wages; unpaid wages; loss of wages; loss of earning capacity; loss of job security; humiliation; physical impairment and/or disfigurement; loss of consortium; harm to reputation; libel, slander, or defamation; medical expenses; personal property damage, loss or diminution in value; negligence; gross negligence; assault or battery; strict liability; malice; invasion of privacy; intentional infliction of emotional distress; negligent infliction of emotional distress; loss or diminution of career advancement; loss of dignity; any and all claims arising under based upon any other federal, statestate or local statutes, orders, laws, ordinances, regulations or the like, to the fullest extent permitted by such law; (v) for tortious or harassing conduct, infliction of mental distress, interference with contract, fraud, libel or slander, or local statuteon any other common law basis; and (vi) for damages, law, ordinance, rule, regulationincluding punitive or compensatory damages, or order prohibiting employment discrimination for attorneys’ fees, expenses, costs, wages, injunctive or retaliationequitable relief. (c) Notwithstanding any provision of the foregoing to the contrary, Executive is not waiving or releasing: (i) any claims for indemnification pursuant to the Employment Agreement, any indemnification agreement or any applicable law; (ii) any claims for vested benefits pursuant to the terms of the employee benefit plans in which Executive was a participant before the Designated Date; (iii) any claims with respect to stock options or restricted stock that were awarded to Executive, and vested, on or before the Designated Date; (iv) any claims which arise after the Effective Date; and (v) any claim right under tort, wrongful discharge, breach or claims to enforce any provision of contract, this Agreement or breach the Employment Agreement to the extent applicable as described in Section 7 of agreement; and any other theory, claim, or cause of action whatsoever, whether known or unknownthis Agreement.

Release and Waiver of Claims by Executive. (a) THIS BRING DOWN AGREEMENT SECTION, TO THE EXTENT SET FORTH BELOW, PROVIDES A COMPLETE RELEASE AND WAIVER OF ALL EXISTING AND POTENTIAL CLAIMS EXECUTIVE MAY HAVE AGAINST EVERY PERSON AND ENTITY INCLUDED WITHIN THE DESCRIPTION BELOW OF “COMPANY RELEASEE.” BEFORE EXECUTIVE SIGNS THIS RELEASE, EXECUTIVE MUST READ THIS SECTION 1 4 CAREFULLY, AND MAKE SURE THAT EXECUTIVE UNDERSTANDS IT FULLY. (ba) I understand In consideration of Executive’s receipt and agree that my acceptance of the consideration contained in this Bring Down Agreement means thatfrom and/or on behalf of Company Releasees, except as stated in Section 1(c)Executive, I am knowinglyon Executive’s own behalf and on behalf of Executive’s heirs, voluntarilyexecutors, fullyadministrators, finallysuccessors and assigns, (collectively, “Executive Releasor”) hereby irrevocably, unconditionally and completely forever waiving generally releases: (i) the Company; (ii) the Company’s Affiliates; (iii) all entities managed by the Company and giving up each and every claimits Affiliates (“Designated Entities”) (collectively, grievance, administrative claim or proceeding, dispute, claim, demand, arbitration, controversy, action, or cause of action, of whatever kind, character, or nature against the Company, its incorporated Affiliates and unincorporated subsidiaries Designated Entities are referred to as the “HRG Entities”); and (iv) the current and affiliates and any successors or assigns of the foregoingformer shareholders, as well as each of their current or former Executivesdirectors, attorneysofficers, partners, members, agents, assignsattorneys and employees, representatives, designees, insurersof the HRG Entities (the persons described in Sections 4(a)(i) - (iv) are collectively referred to as “Company Releasees”, and other related persons or entitieseach, including their predecessors, successors, and equity and asset purchasers, together with their respective current or former officers, directors, members, managers, shareholders, partners (general and limited), agents, owners, legal representatives, servants, and Executives, and the assigns, heirs, privies, predecessors, successors, and insurers of each such person or entity in their individual, corporate, or official capacities (collectively, the as “ReleaseesCompany Releasee”), including, without limitation, ; from any and all claims that in any way relate to, arise from, or are in any way connected with my employment with and/or separation from the Company and its affiliates, regardless of whether or not same (i) is presently known or unknown, (ii) has been specifically referenced, claimed, or asserted by me, or (iii) is statutory, contractual, or at common law in nature or basis. I acknowledge and agree that I am not aware of any unlawful activity or accounting or other disputes with the Company and the separation of employment is not as a result of any accounting dispute. Without limiting the generality or comprehensiveness of the above Section, I knowingly, voluntarily, fully, finally, and completely waive, release, and forever discharge the Releasees from all known and unknown claims, actions, causes of action, suits, debts, dues, sums of money, accounts, controversies, agreements, promises, damages, judgments, executions, or demands existing any liability, claims or demands, known or unknown and of any nature whatsoever and which Executive Releasor ever had, now has or hereafter can, shall or may have as of the date of this Bring Down AgreementInitial Release Date and the Final Release (as applicable), including without limitation arising directly or indirectly pursuant to or out of any and all claims aspect of Executive’s employment with the Company or any relationship with any other Company Releasee, the payment or nonpayment of any compensation by any of the HRG Entities, the performance of services for injunctive relief; attorneys’ fees; expenses; costs; actual, compensatory, exemplary, the Company or punitive damages; physical injuries; personal injuries; emotional injuries; mental anguish; physical pain and suffering; wrongful discharge; any claims I may have underCompany Releasee or the termination of such employment or services. (b) Specifically, without limitation, Title VII this release shall include and apply to any rights and/or claims: (i) arising under any contract or employment arrangement between Executive and the Company, express or implied, written or oral, including the Employment Agreement and any bonus agreement; (ii) for payment of any bonuses and other payments, except as expressly set forth in Section 3(a)(i)-(v) and Section 3(c) of this Agreement; (iii) for constructive termination, unfair dismissal and/or wrongful dismissal or termination of employment; (iv) arising under any applicable federal, state, local or other statutes, orders, laws, ordinances, regulations or the like, or case law, that relate to employment or employment practices and/or, specifically, that prohibit discrimination based upon age, race, religion, sex, national origin, pregnancy, disability or any other unlawful bases, including the United States Constitution, the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Civil Rights Acts of 1866 and 1871, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967 (the “ADEA”), the Older Worker Benefits Protection Act, the Family and Medical Leave Act of 1993, the statutory and regulatory laws and common law Pregnancy Discrimination Act of Wisconsin, Missouri, and any other state, municipality, or locality1978, the Fair Labor Standards Act, Executive Employee Retirement Income Security Act of 1974, the Worker Workers Adjustment and Retraining Notification Relocation Notice Act, the Uniformed Services Employment and Reemployment Rights Equal Pay Act, the Sarbanes Oxley Act, and the Xxxx Xxxxx Act, and any similar applicable statutes, orders, laws, ordinances, regulations or the like, or case law, of the State of New York or any other civil rights statutes; harassment state in which any Company Releasee is subject to jurisdiction, and/or discrimination because any political subdivision thereof, including the New York State Human Rights Law (including its prohibitions of protected characteristics (including, sex, race, color, national origin, religion, age, disability, veteran’s statusage discrimination), the filing New York City Human Rights Law (including its prohibitions of a workers’ compensation claimage discrimination), the New York Labor Law, and the New York Civil Rights Law; or other protected classification; failure to accommodate; retaliation; incapacity; failure to pay proper wage, minimum wage, and/or overtime wages; unpaid wages; loss of wages; loss of earning capacity; loss of job security; humiliation; physical impairment and/or disfigurement; loss of consortium; harm to reputation; libel, slander, or defamation; medical expenses; personal property damage, loss or diminution in value; negligence; gross negligence; assault or battery; strict liability; malice; invasion of privacy; intentional infliction of emotional distress; negligent infliction of emotional distress; loss or diminution of career advancement; loss of dignity; any and all claims arising under based upon any other federal, statestate or local statutes, orders, laws, ordinances, regulations or the like, to the fullest extent permitted by such law; (v) for tortious or harassing conduct, infliction of mental distress, interference with contract, fraud, libel or slander, or local statuteon any other common law basis; and (vi) for damages, law, ordinance, rule, regulationincluding punitive or compensatory damages, or order prohibiting employment discrimination for attorneys’ fees, expenses, costs, wages, injunctive or retaliationequitable relief. (c) Notwithstanding any provision of the foregoing to the contrary, Executive is not waiving or releasing: (i) any claims for indemnification pursuant to the Employment Agreement, any indemnification agreement or any applicable law; (ii) any claims for vested benefits pursuant to the terms of the employee benefit plans in which Executive was a participant before the Designated Date; (iii) any claims with respect to stock options or restricted stock that were awarded to Executive on or before the Designated Date; (iv) any claims for payment of any bonuses and other payments, set forth in Section 3(a)(i)-(v) and Section 3(c) of this Agreement; (vi) any claims which arise after the Initial Release Date and the Final Release (as applicable); and (vii) any claim right under tort, wrongful discharge, breach or claims to enforce any provision of contract, this Agreement or breach the Employment Agreement to the extent applicable as described in Section 8 of agreement; and any other theory, claim, or cause of action whatsoever, whether known or unknownthis Agreement.