Common use of Release and Waiver of Claims Clause in Contracts

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. (a) As used in this ReleaseA. In exchange for the consideration referenced above, the term “claims” will include all claimsyou hereby completely, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)irrevocably, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully unconditionally releases and forever release, remise, and discharge discharges the Company, and any of its direct predecessor or affiliated companies, and indirect parentseach and all of their officers, subsidiaries and affiliatesagents, directors, supervisors, employees, representatives, and their respective successors and assigns, together and all persons acting by, through, under, for, or in concert with them, or any of them, in any and all of their respective officers, directors, partners, stockholders, employees, and agents capacities (hereinafter individually or collectively, the “GroupReleased Parties”), from any and all claims whatsoever up to the date hereof which you hadcharges, may have hadcomplaints, claims, and liabilities of any kind or now have against the Groupnature whatsoever, whether known or unknown, for suspected or unsuspected (hereinafter referred to as “claim” or “claims”) which you at any time heretofore had or claimed to have or which you may have or claim to have regarding events that have occurred as of the Effective Date (as defined below) of this Agreement, including, without limitation, those based on: any employee welfare benefit or pension plan governed by reason the Employee Retirement Income Security Act of 1974, as amended (provided that this release does not extend to any matter, cause or thing whatsoever, including any claim arising out vested benefits to which you are entitled under Company’s pension and welfare benefit plans as of or attributable to the date of your employment or the termination of your employment with services); the CompanyCivil Rights Act of 1964, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, as amended (race, sex, national origin, handicapcolor, religion, disability or sexual orientation. This release sex and national origin discrimination and harassment); the Civil Rights Act of claims includes, but is not limited to, all claims arising under 1966 (42 U.S.C. § 1981) (discrimination); the Age Discrimination in Employment Act of 1967, as amended (hereinafter “ADEA”), Title VII of ; the Civil Rights Older Workers Benefit Protection Act, as amended; the Americans with With Disabilities Act, as amended; § 503 of the Civil Rights Rehabilitation Act of 19911973; the Fair Labor Standards Act, as amended (wage and hour matters); the Family and Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all (family leave matters); any other federal, state and state, or local lawslaws or regulations regarding employment discrimination or harassment, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Releasewages, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEAinsurance, a United States federal statute thatleave, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement privacy or any other written agreement by matter; any negligent or intentional tort; any contract, policy or practice (implied, oral, or written); or any other theory of recovery under federal, state, or local law, and between whether for compensatory or punitive damages, or other equitable relief, including, but not limited to, any and all claims which you and may now have or may have had, arising from or in any way whatsoever connected with your employment, service, or contacts, with the Company that survive or any other of the termination of your employment; Released Parties. B. Notwithstanding the foregoing, the released claims do not include, and this Agreement does not release: (iia) any rights to accruedcompensation and benefits provided under Section 4 of the Retention Agreement; (b) any benefit to which you are entitled under any tax qualified pension plan of the Company, COBRA continuation coverage benefits, vested benefits that you have under the employee any other benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder plans of the Company or an equity holder of its affiliates or any member other welfare benefits required to be provided pursuant to the terms of the Groupapplicable plan; or (vc) any rights to indemnification rights (including advancement and reimbursement of legal fees and expenses) that you may have under applicable law, the bylaws or certificate of incorporation of the Company, any applicable director and officer liability policy or under the Retention Agreement, as a former result of having served as an officer or director of the Company or any of its subsidiaries affiliates; (d) any claim that you may have as the holder or affiliates beneficial owner of securities of the Company or coverage other rights relating to securities or equity awards in respect of the common stock of the Company; and (e) any claims that you may not by law release through a settlement agreement such as this. C. To the extent permitted by law, you agree that you will not cause or encourage any future legal proceedings to be maintained or instituted against any of the Released Parties. This Agreement is not intended to prevent you from filing a charge with, or participating in an investigation conducted by, the Equal Employment Opportunity Commission or any comparable state human rights agency, or the United States Securities and Exchange Commission; provided, however, you expressly waive and relinquish any right you may have to recover damages or other relief, whether equitable or legal, in any such proceeding concerning events or actions that arose on or before the Effective Date other than as prohibited by law, including an award under directors and officers liability insurancesection 21F of the Securities Exchange Act of 1934 (the “Exchange Act”). No provision of this Agreement shall prohibit you from exercising any legally protected whistleblower rights, including pursuant to Rule 21F under the Exchange Act.

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in In consideration of the Severance Benefits (commitments of the Company as defined set forth in Paragraph 2 of the Change in Control Severance Agreement), I intend to be legally bound, and other good hereby REMISE, RELEASE AND FOREVER DISCHARGE the Company Group and valuable considerationtheir present and former officers, youdirectors, for employees, and on behalf of yourself agents, and your their respective successors, predecessors, affiliates, assigns, heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents administrators (collectively, the “GroupReleasees”)) from all causes of action, from any suits, debts, claims and all claims demands whatsoever up to the date hereof in law or in equity, which you I ever had, may have hadnow have, or now have against the Grouphereafter may have, whether known or unknown, for or which my heirs, executors, or administrators may have, by reason of any matter, cause or thing whatsoever, including up to the date of my execution of this Release, and particularly, but without limitation of the foregoing general terms, any claim claims arising out from or relating in any way to my employment relationship, transition services relationship, or consulting relationship with the Company and Releasees, the terms and conditions of or attributable to your that employment or relationship, transitions services relationship, and consulting relationship, and the termination of your that employment with the Companyrelationship, whether for torttransition services relationship, breach of express or implied employment contractand consulting relationship, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includesincluding, but is not limited to, all any claims arising under any applicable Company severance plan(s), the Age Discrimination in Employment Act (“ADEA”)Act, the Older Workers’ Benefit Protection Act, Title VII of The Civil Rights Act of 1964, the Civil Rights ActAct of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, the Americans with Disabilities Act, the Civil Rights Executive Retirement Income Security Act of 19911974, the Family and Medical Leave Act, the Worker Adjustment and the Equal Pay Retraining Notification Act, each as may be amended from time the Fair Labor Standards Act of 1938, the National Labor Relations Act of 1935, the Consolidated Omnibus Budget Reconciliation Act of 1985, the Immigration Reform and Control Act of 1986, the Occupational Safety and Health Act of 1970, the Xxxx–Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, the Health Insurance Portability and Accountability Act of 1996, the Vocational Rehabilitation Act of 1973, California employment laws, the California Fair Employment and Housing Act, the California Family Rights Act (Cal. Gov. Code § 12940 et seq.), the California Labor Code (including but not limited to timeLabor Code §§ 98.6, 203, 232, 221, 1102.5, 2698 et seq., 6303, and all 6400 et seq.), claims for retaliation under the Health and Safety Code section 1278.5; and any other federal, state and local employment laws, the common law as amended, and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEAfederal, a United States federal statute thatstate or local common law, among other thingsstatutory, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contraryor regulatory provision, by executing this Releasenow or hereafter recognized, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after for attorneys’ fees and costs. This Release is effective without regard to the date on which you sign this Release; (iv) any rights that you have as a stockholder legal nature of the Company claims raised and without regard to whether any such claims are based upon tort, equity, implied or an equity holder express contract or discrimination of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurancesort.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)paragraph 2 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge each member of the Company, its direct and indirect parents, subsidiaries and affiliates, Company Group and their respective successors and assigns, together with their respective officers, directors, partners, stockholdersmembers, employeesstockholders (including any management company of a stockholder), employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the GroupCompany Parties, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the CompanyCompany or any member of the Company Group, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (the “ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, and the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, and the Employee Retirement Income Security Act (excluding claims for accrued, vested benefits under an employee pension benefit plan of the Company Parties), each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. You intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law and for the provisions regarding the release of claims against the Company Parties to be construed as broadly as possible, and hereby incorporate in this release similar federal, state or other laws, all of which you also hereby expressly waive. (c) You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered, but it is your intention to fully and forever release, remise and discharge all claims which you had, may have had, or now have against the Company Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or noncontingent, without regard to the subsequent discovery or existence of such additional or different facts. Without limiting the foregoing, by signing this Agreement, you expressly waive and release any provision of law that purports to limit the scope of a general release, including any and all rights and benefits under Section 1542 of the Civil Code of the State of California (or any analogous law of any other state, to the extent applicable), which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (d) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plansparagraphs. (e) Notwithstanding any provision of this Release Agreement to the contrary, by executing this ReleaseAgreement, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights payment of amounts under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; this Agreement, (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; law, (iviii) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including your right to indemnification, advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under , and directors and officers liability insurance, as provided by, and in accordance with the terms of, applicable law, the Company’s by-laws, the Indemnification Agreement between you and the Company, or otherwise, (iv) any rights or claims under the ADEA that may arise after the date that you execute this Agreement, (v) your rights as a stockholder of the Company in respect of vested capital stock held by you as of immediately prior to the Separation Date or (vi) your right to unemployment insurance benefits (application for which shall not be contested by the Company). (f) You acknowledge and agree that, by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this paragraph 3. Therefore you agree that you will not accept any award or settlement from any source or proceeding (including but not limited to any proceeding brought by any other person or by any government agency) with respect to any claim or right waived in this Agreement. (g) You acknowledge and agree that as of the date of this Agreement, you have reported all accidents, injuries or illnesses relating to or arising from your employment with the Company or the Company Group and that you have not suffered any on-the-job injury or illness for which you have not yet filed a claim.

Release and Waiver of Claims. In consideration of the payments and other benefits described in the Letter Agreement dated November 13, 2012 (athe “Agreement”), between XXXXXXXX X. XXXXXX (“EMPLOYEE” or “you”) As used and PETSMART, INC. (the “Company”) and other good and valuable consideration received from the COMPANY, receipt of which is hereby acknowledged, EMPLOYEE, in this Releasefull satisfaction, hereby agrees to, and does, release, acquit and forever discharge the COMPANY, and its parent entities and subsidiaries, and their officers, directors, agents, insurers, employees, attorneys, shareholders, successors, assigns and affiliates (collectively, the term “claims” will include Released Parties”), of and from any and all matters, claims, covenantsdemands, warranties, promises, undertakings, actions, suitsdamages, causes of action, obligationsactions, debts, accountsliabilities, costs, expenses, attorneys’ fees, damages, indemnities, controversies, judgments, losses suits and liabilities, obligations of whatsoever every kind or and nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable considerationforeseen or unforeseen, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected and unsuspected, disclosed and undisclosed, arising or by reason in any way related to agreements, events, acts or conduct between EMPLOYEE and Company at any time prior to and/or including the date of any matteryour execution of this Agreement (collectively, cause or thing whatsoever“Claims and Demands”), including any claim but not limited to: all Claims and Demands directly or indirectly arising out of or attributable to your in any way connected with (i) EMPLOYEE’S employment with any of the Released Parties or the termination of your employment with that employment; (ii) Claims and Demands related to salary, bonuses, commissions, stock, stock options, restricted stock or any other ownership interests in the Company, whether for tortvacation pay, breach fringe benefits, expenses reimbursements, severance pay, or any other form of express compensation; (iii) Claims and Demands related to unjust, wrongful, retaliatory, or implied employment contracttortious discharge (including any claim of fraud, negligence, whistleblowing, tortious interference with contracts or prospective economic advantage, negligent intentional infliction of emotional distress, wrongful terminationor intentional infliction of emotional distress); (iv) Claims and Demands related to defamation, unjust dismissal, defamationslander, libel or slander, other common law action; (v) Claims and Demands involving or arising under any type of federal, state state, local or local law dealing with discrimination based on ageother laws, racestatutes, sexregulations, national originordinances or any other source of legal obligations, handicap, religion, disability or sexual orientation. This release of claims includes, including but is not limited to, all claims arising under : the Age Discrimination in Employment Act (“ADEA”), Title VII of the federal Civil Rights Act, Act of 1964; the Americans with Disabilities Act, the federal Civil Rights Act of 1991, the Family Medical Leave Actfederal Americans with Disabilities Act of 1990 (ADA); the Rehabilitation Act of 1973, and the federal Age Discrimination in Employment Act of 1967 (ADEA); the Older Workers Benefit Protection Act (OWBPA), the Equal Pay Act, the Fair Labor Standards Act of 1938 (FLSA), the Family and Medical Leave Act (FMLA); the Employee Retirement Income Security Act of 1974 (ERISA); the Arizona Civil Rights Act; as each as may be amended from time to timeis amended, tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; human rights, civil rights and all employment laws of the State of AZ and any other relevant federal, state or local statutes or ordinances; (vi) Claims and local lawsDemands for pay, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Releaseinsurance, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement welfare benefits or any other written agreement by and between you and benefits of employment with the Company that survive arising from the termination events occurring prior to the date of your employmentthis General Release and Wavier (“Release”) other than claims for benefits to which EMPLOYEE is entitled under the Agreement and any applicable worker’s compensation or unemployment compensation; and (iivii) any rights Claims and Demands relation to accrueda breach of the implied covenant of good faith and fair dealing; provided, however, that nothing herein shall prevent EMPLOYEE from enforcing the terms of the Agreement or obtaining his vested benefits that you have right to a benefit under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iiiSaveSmart 401(k) any Plan. This release does not waive rights or claims that by law cannot be waived released by law and private agreement, such as involvement in agency proceedings, but it does waive EMPLOYEE’S individual right to compensation or monetary relief of any kind from the Released Parties that might arise from any such proceedings. This Release applies only to claims that arise on or before the date EMPLOYEE signs this Release and does not include claims that EMPLOYEE may have that arise after the date on which you sign he signs this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. In consideration for the payments provided for under the Employment Agreement between me, Xxxxxx Xxxx, and XXX Acquisition Corp. dated March [ ], 2007 (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Employment Agreement”), and for other good and valuable consideration, youthe receipt and sufficiency of which is hereby acknowledged, for and I hereby agree on behalf of yourself myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do to fully and forever release, remise, completely release XXX Acquisition Corp (which term shall be deemed to include XXX Acquisition Corp and discharge the Companyall subsidiary and affiliated and successor companies of XXX Acquisition Corp or other entity in which XXX Acquisition Corp or its subsidiaries or affiliates has an equity interest in excess of ten percent (10%)), its direct predecessors and indirect parents, subsidiaries successors and affiliates, and all of their respective successors and assigns, together with their respective past and/or present officers, directors, partners, stockholdersmembers, managing members, managers, employees, agents, representatives, administrators, attorneys, insurers and agents fiduciaries in their individual and/or representative capacities (collectively, hereinafter collectively referred to as the “GroupCompany Releasees”), from any and all causes of action and claims whatsoever whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, omission, course or thing in connection with or in relationship to: (a) my employment or other service relationship with XXX Acquisition Corp; (b) the termination of any such employment or service relationship; (c) any applicable employment, benefit, compensatory or equity arrangement with XXX Acquisition Corp occurring or existing up to the date hereof which you hadthis Release is signed; and (d) any equity or stock plans of XXX Acquisition Corp, may have had, or now have against subject to the Group, whether known or unknown, for or by reason provisions of any matter, cause or thing whatsoever, including any claim arising out paragraph 3 of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise below (such released claims are collectively referred to any claims under any of herein as the laws listed in the preceding paragraph“Released Claims”). (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, dated as of [date], to which you, NCI Building Systems, Inc., and NCI Group, Inc. (athe “Companies”) As used are parties (the “Agreement”), you hereby waive and release and forever discharge each of the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason of unsuspected, whether or not mature or ripe, that you ever had and now have against any matter, cause or thing whatsoever, including any claim Releasee arising out of or attributable in any way related to your employment with or separation from the termination of your employment with Companies, to any services performed for the CompanyCompanies, whether for tortto any status, breach of express term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Companies, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which you sign this Release; (iv) any rights that you have as a stockholder release of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceclaims becomes irrevocable.

Release and Waiver of Claims. a. Executive, on behalf of himself, and his or her family, heirs, executors, administrators, legal representatives and assigns (a) As used collectively referred to in this ReleaseRelease as the “Executive”), hereby unconditionally and forever releases, discharges and waives any and all claims of any nature whatsoever, whether legal, equitable or otherwise which Executive may have against the Company, its employees, officers, directors, predecessors, subsidiaries, shareholders (including all direct and indirect equity holders thereof), representatives and agents, and any person or entity which may succeed to the rights and liabilities of any such entities or persons by assignment or otherwise (collectively referred to in this Release as the “Company”), arising at any time on or before the Effective Date, in each case relating to or in connection with Executive’s employment by, or termination of employment with, the term “claims” will include Company, other than with respect to the obligations of the Company to Executive under this Release (including the Excluded Obligations). This Release is a release of all claims of any nature whatsoever by Executive against the Company, other than with respect to the obligations of the Company to Executive under this Release (including the Excluded Obligations), and includes, other than as herein provided, any and all claims, covenants, warranties, promises, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind liabilities whether known or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents unknown (collectively, “Claims”) including those caused by, arising from or related to Executive’s employment relationship with the “Group”)Company including, from but without limitation, any and all claims whatsoever up to the date hereof alleged discrimination or acts of discrimination which you had, occurred or may have had, occurred on or now have against before the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination Effective Date based on age, upon race, color, sex, creed, national origin, handicap, religionage, disability or sexual orientation. This release any other violation of claims includesany Equal Employment Opportunity Law, ordinance, rule, regulation or order, including, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, as amended; the Civil Rights Act of 1991, ; the Family Medical Leave Age Discrimination in Employment Act, and as amended (as further described below); the Equal Pay Americans with Disabilities Act; Claims under Executive Retirement Income Security Act of 1974, each as may be amended from time to time, and all amended; or any other federal, state and or local lawslaws or regulations regarding employment discrimination or termination of employment. This Release also includes Claims for wrongful discharge, fraud, or misrepresentation under any statute, rule, regulation or under the common law and any and all Claims under any management incentive plan or other purported restriction on an employer’s right to terminate the employment of employeesequity arrangement. (c) You acknowledge b. The Executive understands and agree that as of the date you execute knowingly agrees to this Release, you have no knowledge of any facts Release because it is his or circumstances that give rise or could give rise to any claims under any of the laws listed her intent in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of executing this Release to forever discharge the contraryCompany from any and all causes of action and other Claims, by executing foreseen or unforeseen, that may have existed on or prior to the Effective Date, except for the obligations of the Company set forth in this ReleaseRelease and Section 4 of the Change of Control Agreement. c. Notwithstanding the foregoing, you are Executive does not releasing any claims relating torelease, discharge or waive, in each case, following the Effective Date: (i) your any rights with respect to receive any benefits provided under the Severance Benefits and provisions of any other rights under your Change Company-maintained qualified retirement plan in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; which Executive participates, (ii) any rights to accruedreimbursement for Company-related business expenses incurred by Executive on or prior to the Effective Date, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on conversion rights under a Company-sponsored group term life insurance plan in which you sign this Release; Executive participates, (iv) any rights that you have as a stockholder to indemnification, advancement of expenses or directors and officers liability insurance pursuant to the Company or an equity holder Change of any member of the Group; or Control Agreement, (v) any indemnification rights (including advancement and reimbursement right to enforce the terms of legal fees and expenses) you may have as a former officer this Release or director the terms of the Company Change of Control Agreement, including any provisions thereof which specifically survive termination of employment or (vi) any rights which cannot in any manner be waived by an employee under applicable law (collectively, the “Excluded Obligations”). d. Executive recognizes and acknowledges that he or she may discover facts other than, different from or in addition to the facts now known or believed by him or her to be true, and on the basis of which he or she has executed and delivered this Release and given and granted the waivers and releases provided for herein, but, nevertheless, intends in executing this Release that this Release and the waivers and releases provided for herein shall constitute an absolute bar to each and every obligation, liability, claim, demand or cause of action with respect to which the waivers and releases provided for herein are given, and without limiting the generality of the foregoing, and in furtherance of the intention of the parties, as set forth above, Executive hereby irrevocably and forever relinquishes all rights and benefits under Section 1542 of the California Civil Code, which Executive has read and understands and provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." Thus, notwithstanding the provisions of Section 1542, or any other provision substantially similar under the laws of another state, Executive expressly acknowledges that this release is intended to include in its subsidiaries effect, without limitation, claims within the scope of the releases given in this release that Executive does not know or affiliates suspect to exist in his or coverage under directors her favor at the time of execution hereof. Executive acknowledges that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was separately bargained for. Executive represents and officers liability insurancewarrants that he or she has been advised by his or her attorney of the effect and import of the provisions of Section 1542, or has had the opportunity to consult an attorney and has freely chosen not to do so. e. Executive expressly consents that this Release shall be given full force and effect in accordance with each and all of its express terms and provisions to the same effect as those terms and provisions relating to any other claims, demands and causes of action hereinabove specified. Executive is aware that he or she or his or her attorney may hereafter discover facts different from or in addition to the facts which he or she or his or her attorney now believes to be true with respect to the subject matter of this Release, but that it is its intention hereby to settle fully, finally, absolutely and forever any and all obligations, liabilities, claims, demands or causes of action with respect to which the waivers and releases provided for herein are given which now exist or heretofore have existed.

Release and Waiver of Claims. In consideration for the payments provided for under the Amended and Restated Employment Agreement between me, Xxxx Xxxxx, and Xxxx Holdings LLC dated [ ], 2014 (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance A&R Employment Agreement”), and for other good and valuable consideration, youthe receipt and sufficiency of which are hereby acknowledged, for and I hereby agree on behalf of yourself myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do to fully and forever releasecompletely release Xxxx Holdings LLC, remiseXxxx Corporation (which terms shall be deemed to include such entities and all subsidiary, parent and discharge the Companyaffiliated and successor companies of either such entity and any other entity in which Xxxx Corporation, its direct and indirect parents, subsidiaries and affiliates, and Xxxx Holdings LLC or any of their respective subsidiaries, parents or affiliates has an equity interest in excess of ten percent (10%)), their respective predecessors and successors and assigns, together with all of their respective past and/or present officers, directors, partners, stockholdersshareholders, members, managing members, managers, employees, agents, representatives, administrators, attorneys, insurers and agents fiduciaries in their individual and/or representative capacities (collectively, hereinafter collectively referred to as the “GroupCompany Releasees”), from any and all causes of action and claims whatsoever whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, omission, course or thing in connection with or in relationship to: (a) my employment or other service relationship with any Company Releasee; (b) the termination of any such employment or service relationship; (c) any applicable employment, benefit, compensatory or equity arrangement with any Company Releasee occurring or existing up to the date hereof which you had, may have had, this Release is signed; and (d) any equity or now have against the Group, whether known or unknown, for or by reason stock plans of any matterCompany Releasee, cause or thing whatsoeverin each case, including any claim arising out subject to the provisions of or attributable to your employment or the termination paragraph 3 of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise below (such released claims are collectively referred to any claims under any of herein as the laws listed in the preceding paragraph“Released Claims”). (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. a. Executive, on behalf of himself, and his family, heirs, executors, administrators, legal representatives and assigns (a) As used collectively referred to in this ReleaseRelease as “Executive”), hereby unconditionally and forever releases, discharges and waives any and all claims of any nature whatsoever, whether legal, equitable or otherwise which Executive may have against the term Company, its employees, officers, directors, subsidiaries, shareholders (including all direct and indirect equity holders thereof), representatives and agents, and any person or entity which is a predecessor of or may succeed to the rights and liabilities of any such entities or persons by assignment or otherwise (collectively referred to in this Release as the “claims” will include Company”), arising at any time on or before the Effective Date, in each case relating to or in connection with Executive’s employment by, termination of employment with or otherwise relating to the Company, other than with respect to the obligations of the Company to Executive under this Release (including the Excluded Obligations). This Release is a release of all claims of any nature whatsoever by Executive against the Company, other than with respect to the obligations of the Company to Executive under this Release (including the Excluded Obligations), and includes, other than as herein provided, any and all claims, covenants, warranties, promises, undertakings, actions, suitsdemands, causes of action, obligations, debtsdamages, accounts, liabilities (including attorneys’ fees, judgments, losses and liabilities, of whatsoever kind ) whether known or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents unknown (collectively, “Claims”) including those caused by, arising from or related to Executive’s employment relationship with the “Group”)Company including, from but without limitation, any and all claims whatsoever up to the date hereof alleged discrimination or acts of discrimination which you had, occurred or may have had, occurred on or now have against before the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination Effective Date based on age, upon race, color, sex, creed, national origin, handicap, religionage, disability or sexual orientation. This release any other violation of claims includesany Equal Employment Opportunity Law, ordinance, rule, regulation or order, including, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, as amended; the Civil Rights Act of 1991, ; the Family Medical Leave Age Discrimination in Employment Act, and as amended (as further described below); the Equal Pay Americans with Disabilities Act; Claims under Executive Retirement Income Security Act of 1974, each as may be amended from time to time, and all amended; or any other federal, state and or local lawslaws or regulations regarding employment discrimination or termination of employment. This Release also includes Claims for wrongful discharge, fraud, or misrepresentation under any statute, rule, regulation or under the common law and any and all Claims under any management incentive plan or other purported restriction on an employer’s right to terminate the employment of employeesequity arrangement. (c) You acknowledge b. Executive understands and agree that as of the date you execute knowingly agrees to this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed Release because it is his intent in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of executing this Release to forever discharge the contraryCompany from any and all causes of action and other Claims, by executing foreseen or unforeseen, that may have existed on or prior to the Effective Date, except for the obligations of the Company set forth in this ReleaseRelease and Section 9 of the Employment Agreement. c. Notwithstanding the foregoing, you are Executive does not releasing any claims relating torelease, discharge or waive, in each case, following the Effective Date: (i) your any rights with respect to receive any benefits provided under the Severance Benefits and provisions of any other rights under your Change Company-maintained qualified retirement plan in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; which Executive participates, (ii) any rights to accruedreimbursement for Company-related business expenses incurred by Executive on or prior to the Effective Date in accordance with the applicable Company policy, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after conversion rights under a Company-sponsored group term life insurance plan in which Executive participates, in accordance with the date on which you sign this Release; terms of such plan, (iv) any rights that you have as a stockholder to indemnification, advancement of expenses or directors and officers liability insurance pursuant to the Company or an equity holder of any member of the Group; or Employment Agreement, (v) any indemnification rights (including advancement and reimbursement right to enforce the terms of legal fees and expenses) you may have as a former officer this Release or director the terms of Section 9 of the Company Employment Agreement, or (vi) any rights which cannot in any manner be waived by an employee under applicable law (collectively, the “Excluded Obligations”). d. Executive recognizes and acknowledges that he may discover facts other than, different from or in addition to the facts now known or believed by him to be true, and on the basis of which he has executed and delivered this Release and given and granted the waivers and releases provided for herein, but, nevertheless, intends in executing this Release that this Release and the waivers and releases provided for herein shall constitute an absolute bar to each and every obligation, liability, claim, demand or cause of action with respect to which the waivers and releases provided for herein are given, and without limiting the generality of the foregoing, and in furtherance of the intention of the parties, as set forth above, Executive hereby irrevocably and forever relinquishes all rights and benefits under Section 1542 of the California Civil Code, which Executive has read and understands and provides as follows: “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.” Thus, notwithstanding the provisions of Section 1542, or any other provision substantially similar under the laws of another state, Executive expressly acknowledges that this Release is intended to include in its subsidiaries effect, without limitation, claims within the scope of the releases given in this Release that Executive does not know or affiliates suspect to exist in his favor at the time of execution hereof. Executive acknowledges that the foregoing waiver of the provisions of Section 1542 of the California Civil Code was separately bargained for. Executive represents and warrants that he has been advised by his attorney of the effect and import of the provisions of Section 1542, or coverage under directors has had the opportunity to consult an attorney and officers liability insurancehas freely chosen not to do so. e. Executive expressly consents that this Release shall be given full force and effect in accordance with each and all of its express terms and provisions to the same effect as those terms and provisions relating to any other claims, demands and causes of action hereinabove specified. Executive is aware that he or his attorney may hereafter discover facts different from or in addition to the facts which he or his attorney now believes to be true with respect to the subject matter of this Release, but that it is its intention hereby to settle fully, finally, absolutely and forever any and all obligations, liabilities, claims, demands or causes of action with respect to which the waivers and releases provided for herein are given which now exist or heretofore have existed.

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under the Employment Agreement, dated as of May 15, 2018, to which you and American Home Shield (athe “Company”) As used are parties (the “Employment Agreement”), you hereby waive and release and forever discharge the Company and its parent and former parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee including, but not limited to, claims and causes of any matter, cause or thing whatsoever, including any claim action arising out of or attributable in any way related to your employment with or the termination of your employment with separation from the Company, whether to any services performed for tortthe Company, breach of express to any status, term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Company, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which this release of claims becomes irrevocable (the “Effective Date”). However, nothing in this Agreement prevents you sign this Release; (iv) from making any rights that you have as a stockholder reports to or receiving any awards from the SEC or OSHA based upon the your reporting of the Company violations of laws or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceregulations containing whistleblower provisions.

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, dated as of August 25, 2020, to which you, Cornerstone Building Brands, Inc., and Ply Gem Industries, Inc. (athe “Companies”) As used are parties (the “Agreement”), you hereby waive and release and forever discharge each of the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason of unsuspected, whether or not mature or ripe, that you ever had and now have against any matter, cause or thing whatsoever, including any claim Releasee arising out of or attributable in any way related to your employment with or separation from the termination of your employment with Companies, to any services performed for the CompanyCompanies, whether for tortto any status, breach of express term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Companies, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which you sign this Release; (iv) any rights that you have as a stockholder release of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceclaims becomes irrevocable.

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, effective as of July 1, 2017 to which you, NCI Building Systems, Inc., and NCI Group, Inc. (athe “Companies”) As used are parties (the “Agreement”), you hereby waive and release and forever discharge each of the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason of unsuspected, whether or not mature or ripe, that you ever had and now have against any matter, cause or thing whatsoever, including any claim Releasee arising out of or attributable in any way related to your employment with or separation from the termination of your employment with Companies, to any services performed for the CompanyCompanies, whether for tortto any status, breach of express term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Companies, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which you sign this Release; (iv) any rights that you have as a stockholder release of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceclaims becomes irrevocable.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)paragraph ‎2 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge each member of the Company, its direct and indirect parents, subsidiaries and affiliates, Company Group and their respective successors and assigns, together with their respective officers, directors, partners, stockholdersmembers, employeesstockholders (including any management company of a stockholder), employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the GroupCompany Parties, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the CompanyCompany or any member of the Company Group, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (the “ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, and the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act (excluding claims for accrued, vested benefits under an employee pension benefit plan of the Company Parties), the California Fair Employment and Housing Act, and the California Family Rights Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. You intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law and for the provisions regarding the release of claims against the Company Parties to be construed as broadly as possible, and hereby incorporate in this release similar federal, state or other laws, all of which you also hereby expressly waive. (c) You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered, but it is your intention to fully and forever release, remise and discharge all claims which you had, may have had, or now have against the Company Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or noncontingent, without regard to the subsequent discovery or existence of such additional or different facts. Without limiting the foregoing, by signing this Agreement, you expressly waive and release any provision of law that purports to limit the scope of a general release, including any and all rights and benefits under Section 1542 of the Civil Code of the State of California (or any analogous law of any other state, to the extent applicable), which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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.” (d) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plansparagraphs. (e) Notwithstanding any provision of this Release Agreement to the contrary, by executing this ReleaseAgreement, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights payment of amounts under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; this Agreement, (ii) any rights your right to accrued, vested benefits that you have due to terminated employees under the any employee benefit and fringe benefit plans, programs and arrangements plan of the Group; Company or any other member of the Company Group in which you participated (excluding any severance or similar plan or policy), in accordance with the terms thereof (including your right to elect COBRA continuation coverage), (iii) any claims that cannot be waived by law and any claims or that may arise after the date on which you sign execute this ReleaseAgreement; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including your right to indemnification, advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under , and directors and officers liability insurance, as provided by, and in accordance with the terms of, applicable law, the Company’s by-laws or otherwise; or (v) any rights or claims under the ADEA that may arise after the date that you execute this Agreement. (f) You acknowledge and agree that, by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this paragraph ‎3. Therefore you agree that you will not accept any award or settlement from any source or proceeding (including but not limited to any proceeding brought by any other person or by any government agency) with respect to any claim or right waived in this Agreement. (g) You acknowledge and agree that as of the date of this Agreement, you have reported all accidents, injuries or illnesses relating to or arising from your employment with the Company or the Company Group and that you have not suffered any on-the-job injury or illness for which you have not yet filed a claim.

Release and Waiver of Claims. Executive understands that this Agreement is a full, final and complete waiver, settlement and release of all of Executive’s claims. In consideration for the payments and performance described herein, which Executive acknowledges are above and beyond any compensation to which Executive otherwise would be entitled in the absence of this Agreement, Executive agrees for Executive and Executive’s heirs, executors, representatives, agents, insurers, administrators, successors and assigns (acollectively the “Releasors”) As used in this Releaseto waive, release, discharge and hold harmless, irrevocably and unconditionally, fully and forever, the term Company and all of its affiliates, predecessors, successors, employees, officers, agents, directors, attorneys, insurers and assigns (collectively the “claims” will include Releasees”) from any and all claims, covenantslitigation, warrantiesobligations, promisesjudgments, undertakingsrights fees, actionsdamages, suitsdebts, liabilities and expenses (inclusive of attorneys’ fees), demands or causes of action, obligationsof any kind whatsoever, debtswhether known or unknown (collectively, accounts“Claims”), which Executive may have, including but not limited to any actions brought in tort or for breach of contract, or under any federal or state statute, law or regulation relating to employment, discrimination, retaliation or whistleblowing activity, and including all claims for costs, expenses and attorneys’ fees, judgmentswhich Executive may have or claim to have against Releasees arising from or connected with Executive’s hire, losses and liabilitiesbenefits, of whatsoever kind or nature, in law, in equityemployment by, or otherwise. termination or separation from, employment with the Company and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, including, but not limited to (bi) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights ActAct of 1964, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, the Equal Pay Act, as amended, the Executive Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, as amended, the Family Medical Worker Adjustment and Retraining Notification Act, as amended, the National Labor Relations Act, as amended, the Age Discrimination in Employment Act, as amended (“ADEA”), the Genetic Information Nondiscrimination Act of 2008, the Minnesota Human Rights Act (“MHRA”), the Minnesota Equal Pay for Equal Work Law, the Minnesota Whistleblower Protection Laws, the Minnesota Parental Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all of their respective implementing regulations and/or any other federal, state state, local or foreign law (statutory, regulatory or otherwise) that may be legally waived and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employmentreleased; (ii) any rights and all claims for compensation of any type whatsoever, including but not limited to accruedclaims for salary, vested benefits that you have under the employee benefit wages, bonuses, commissions, incentive compensation, paid time off and/or severance and fringe benefit plans, programs and arrangements of the Groupas otherwise provided in this Agreement; (iii) any and all claims arising under tort, contract and/or quasi-contract law, including but not limited to claims of breach of an expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, negligent or intentional infliction of emotional distress; and (iv) any and all claims for monetary or equitable relief, including but not limited to attorneys’ fees, back pay, front pay, reinstatement, experts’ fees, medical fees or expenses, costs and disbursements. Notwithstanding any language in this Agreement to the contrary, Executive does not waive any claims that cannot be waived by law and law, including, without limitation, the right to file a charge with or participate in any investigation conducted by the Equal Employment Opportunity Commission (“EEOC”) or any state or local agency. Executive agrees to waive, however, Executive’s right to any monetary recovery should the EEOC or any state or local agency pursue any claims on Executive’s behalf. In exchange for the mutual promises and undertakings set forth herein and upon expiration of all applicable revocation or rescission periods without Executive having exercised or attempted to exercise those revocation or rescission rights, the Company will release and discharge Executive from any and all claims it may have against Executive, known or unknown, by reason of any act or omission occurring through the date the Company executes that release, except for the following: (a) any claim relating to the enforcement of this Agreement; (b) the violation of any federal, state, or local statutory or public policy right or entitlement that may arise not be waived by law; (c) intentional or knowing fraud or wrongdoing, including without limitation intentional torts, misrepresentation, usurpation of corporate opportunity, breach of fiduciary duty, (d) the Company’s right to recoup payments from the Executive, to the extent required by the Xxxxxxxx-Xxxxx Act of 2002, the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, or any other federal or state securities statute or rule adopted pursuant to statute; or (e) any wrongful act or omission that occurs after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceexecutes this Agreement.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)paragraph 1 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assignsany other member of the Company Group, together with their respective current and former officers, directors, partners, stockholdersmembers, employeesshareholders, fiduciaries, counsel, employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknownCompany Parties, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, Act and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law. (c) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You By executing this Agreement, you specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of the foregoing, nothing in this Release to the contrary, by executing this Release, you are not releasing any claims relating toAgreement shall be a waiver of: (i) your rights with respect to payment of amounts under this Agreement, (ii) your right to benefits due to terminated employees under any employee benefit plan of the Severance Benefits and any other rights under your Change in Control Severance Agreement Company or any other written agreement by and between you and member of the Company that survive Group in which you participated (excluding any severance or similar plan or policy), in accordance with the termination of your employment; terms thereof (ii) any including you rights to accruedelect COBRA coverage), vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and including, without limitation any claims filed with the Equal Employment Opportunity Commission, the U.S. Department of Labor, or claims under the ADEA that may arise after the date on which you sign of this Release; Agreement or (iv) your right of indemnification as provided by, and in accordance with the terms of, the Company’s by-laws or a Company insurance policy providing such coverage, as any rights of such may be amended from time to time. (f) You acknowledge and agree that by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this paragraph 2. Therefore you agree that you have as a stockholder of the Company will not accept any award or an equity holder of settlement from any member of the Group; source or (v) any indemnification rights proceeding (including advancement and reimbursement of legal fees and expensesbut not limited to any proceeding brought by any other person or by any government agency) you may have as a former officer with respect to any claim or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceright waived in this Agreement.

Release and Waiver of Claims. (a) As used in this ReleaseEffective as set forth below, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)payments, benefits, and other good and valuable considerationconsiderations provided to the Employee under the Employment Agreement, youthe Employee, for the Employee and on behalf of yourself and your the Employee’s family, heirs, executors, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliateslegal representatives, and their respective successors and assignsassigns (the “Related Parties”), together with hereby releases and forever discharges the Company, and all of its parents, affiliates, subsidiaries, divisions and joint ventures, and their respective officers, directors, partnersemployees, agents, parents, stockholders, employeesrepresentatives, and agents their successors and assigns (collectively, the “GroupCompany Entities”), from all rights, claims, demands, suits, causes of action of any kind or nature whatsoever, known or unknown, in law or in equity the Employee ever had, has or may have or which the Related Parties may have, arising at any time on or before the date hereof, based on or arising out of the Employee’s dealings with any Company Entity, including but not limited to any claims arising out of the Employee’s employment with any Company Entity or the termination of that employment, including without limitation any claims under the Employment Agreement, or based on any services provided to any Company Entity by the Employee other than pursuant to an employment relationship with any Company Entity. This includes a release of any and all rights, claims whatsoever up to or demands the date hereof which you had, Employee may have had, or now have against the Grouphave, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), which prohibits age discrimination in employment; Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 19911964, the Family Medical Leave Actwhich prohibits discrimination in employment based on race, and color, national origin, religion or sex; the Equal Pay Act, each as may be amended from time to time, which prohibits paying men and all women unequal pay for equal work; or under any other federal, state and or local lawslaws or regulations regarding employment discrimination or termination of employment. This also includes a release by the Employee of any claims for wrongful discharge or discrimination under any statute, rule, regulation or under the common law, including, without limitation, the common law and Xxxxxxxx-Xxxxx Act. The Employee hereby agrees never individually or with any other purported restriction on an employer’s right person to terminate file, or commence the employment of employees. (c) You acknowledge and agree that as of the date you execute this Releasefiling of, you have no knowledge of any facts charges, lawsuits, complaints or circumstances that give rise proceedings with any governmental agency, or could give rise against any Company Entity, with respect to any claims under any of the laws listed in matters released by the preceding paragraphEmployee pursuant to this Section 1. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. (a) a. As used in a material inducement to the Company to enter into this ReleaseAgreement, Xxxxxx, for himself and his heirs, successors, and assigns, hereby forever releases and discharges, to the fullest extent permitted by law, the term “claims” will include all claimsCompany, covenantsits owners, warrantiesinvestors, promisesparents, undertakingssubsidiaries, actionsaffiliated corporations, suitsrelated entities, causes of actiondivisions, obligationspredecessors, debtssuccessors and assigns, accountsand its and their respective directors, officers, partners, principals, shareholders, attorneys’ fees, judgmentsagents, losses and liabilitiesrepresentatives, of whatsoever kind or natureemployees, in lawinsurers, in equitytrustees, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assignsadministrators, effective as of the Effective Date, do fully past and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents present (collectively, the “GroupReleased Parties”), ) from any and all claims whatsoever up to the date hereof claims, demands, actions, and causes of action of any kind whatsoever, past or present, known and unknown, whether in law or in equity, which you Xxxxxx ever had, may have hadnow has, or now may have against the Group, whether known or unknown, for or by reason Released Parties arising at any time up to and including the date of any matter, cause or thing whatsoeverhis execution of this Agreement, including any claim but not limited to: (i) all claims directly or indirectly relating to or arising out of or attributable to your Dickey’s employment or with the Company and the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or same; (ii) all claims under any federal, state or local law dealing with discrimination based on agestatute or ordinance, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, including without limitation all claims arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, Section 1981 of Title 42 of the United States Code, the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights ActOlder Workers Benefit Protection Act (“OWBPA”), the Americans with Disabilities Act, the Civil Rights Employee Retirement Income Security Act of 19911974, the Family and Medical Leave Act of 1993, the Fair Labor Standards Act, and the Equal Pay Act, the Genetic Information Nondiscrimination Act, the Xxxxxxxx-Xxxxx Act of 2002, the New York State Human Rights Law, the New York City Human Rights Law, the New York Labor Code, each as may be amended from time to timeamended, and all any other federal, state and state, or local lawslaw, the common law and any other purported restriction on an employer’s right rule, or regulation pertaining to terminate the employment of employees.employment; (ciii) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any all claims under any express or implied contract or claims under any common law theory, including claims for unjust enrichment, negligence, defamation, failure to hire, wrongful discharge, intentional and unintentional torts, breach of the laws listed in the preceding paragraphcovenant of good faith and fair dealing, fraud, retaliation, harassment or discrimination; and (iv) all claims for compensation or damages of any type whatsoever, including but not limited to, back pay, front pay, wages, economic loss, compensatory damages, emotional distress, pain and suffering, liquidated and punitive damages, attorneys’ fees, expenses and costs. (d) You specifically b. Notwithstanding the generality of the foregoing, nothing herein constitutes a release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, or waiver by executing this Release, you are not releasing any claims relating toXxxxxx of: (i) your rights with respect to any claim or right based on any facts or set of facts that may arise after the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination execution of your employmentthis Agreement; (ii) any rights to accruedclaim that may not be waived under law, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Groupincluding claims for unemployment or workers compensation benefits; (iii) any claims that cannot be waived the right to provide information to, file a charge with, or participate in an investigation by law a governmental agency; and any claims that may arise after the date on which you sign this Release; (iv) any rights claim or right Xxxxxx may have under this Agreement. Provided, however, that you have Xxxxxx acknowledges and agrees that, if he pursues, or someone pursues on his behalf, a claim that is not waived as set forth in this Section 4(b), Xxxxxx hereby waives and disclaims any right to individual recovery for such claim, including money damages or other relief, except that this limitation on monetary recovery will not apply to claims for unemployment or workers compensation benefits or to administrative proceedings before the U.S. Securities and Exchange Commission. Moreover, nothing in this Agreement limits or waives Dickey’s right, pursuant to the OWBPA, to seek a stockholder judicial determination of the Company or an equity holder validity of any member this Agreement’s waiver of claims under the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceADEA.

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, dated as of February 25, 2021to which you, Cornerstone Building Brands, Inc., and Ply Gem Industries, Inc. (athe “Companies”) As used are parties (the “Agreement”), you hereby waive and release and forever discharge each of the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason of unsuspected, whether or not mature or ripe, that you ever had and now have against any matter, cause or thing whatsoever, including any claim Releasee arising out of or attributable in any way related to your employment with or separation from the termination of your employment with Companies, to any services performed for the CompanyCompanies, whether for tortto any status, breach of express term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Companies, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which you sign this Release; (iv) any rights that you have as a stockholder release of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceclaims becomes irrevocable.

Release and Waiver of Claims. In consideration for the end of employment / termination benefits set forth in the Executive Employment Agreement, to which this form is attached (athe “Employment Agreement”), including without limitation the end of employment / termination benefits set forth in Section 6 thereof, among other things, Xxxx Xxxxxxxx (the “Executive” or “I”) As used and DraftKings, Inc. (the “Company”) hereby enter into the following release and waiver of claims (the “Release”). For the avoidance of doubt, nothing in this ReleaseRelease is intended or shall be construed to waive, release or limit in any manner the end of employment / termination benefits described in the Employment Agreement. The Executive hereby generally and completely release the Company, its affiliates, and its and their current and former directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, family and assigns (collectively, the term “claims” will include Released Parties”) of and from any and all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, liabilities and obligations, debtsboth known and unknown, accountsthat arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to or on the date that Executive signs this Release (collectively, the “Released Claims”). The Released Claims include, but are not limited to: (i) all claims arising out of or in any way related to the Executive’s employment with the Company, or the termination of that employment; (ii) all claims related to the Executive’s compensation or benefits from the Company, including salary, bonuses, retention bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests or equity-based awards in the Company; (iii) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (iv) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, judgments, losses and liabilities, or other claims arising under the federal Civil Rights Act of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits 1964 (as defined in the Change in Control Severance Agreementamended), and other good and valuable consideration, you, for and on behalf the federal Americans with Disabilities Act of yourself and your heirs, administrators, executors, and assigns, effective 1990 (as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectivelyamended), the federal Family and Medical Leave Act (as amended) (the “GroupFMLA”), from the federal Age Discrimination in Employment Act of 1967 (as amended) (the “ADEA”), the Employee Retirement Income Security Act of 1974 (as amended), the National Labor Relations Act of 1935 (as amended), Chapter 151B of the Massachusetts General Laws, and any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoeversimilar applicable state laws, including those of the Commonwealth of Massachusetts and any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any other federal, state or local civil or human rights law dealing with discrimination based on ageor any other local, racestate or federal law, sexregulation or ordinance, national originand any public policy, handicapcontract, religiontort, disability or sexual orientationcommon law. This release of claims Released Claims specifically includes, but is not limited towithout limitation, all claims arising under pursuant to the Age Discrimination in Employment Massachusetts Wage Act (“ADEA”)and State Overtime Law, Title VII of M.G.L. c. 149 §§ 148, 150 et seq. and M.G.L. c 151, §1A et seq, as amended. Notwithstanding the Civil Rights Actforegoing, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed following are not included in the preceding paragraph. Released Claims (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: “Excluded Claims”): (i) your any rights or claims for indemnification that Executive may have pursuant to any written indemnification agreement with respect to the Severance Benefits and any other rights Company, the charter, bylaws, or operating agreements of the Company, or under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employmentapplicable law; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements which are not waivable as a matter of the Grouplaw; (iii) any claims arising from the breach of this Release; or (iv) any claims related to any Accrued Benefits or other vested benefits or any severance benefits payable or due to the Executive on account of the end of the Executive’s employment or the Executive’s termination under the terms of the Executive Employment Agreement. For the avoidance of doubt, nothing in this Release shall prevent Executive from challenging the validity of the Release in a legal or administrative proceeding. Nothing in this Release shall prevent the Executive from filing, cooperating with, or participating in any proceeding or investigation before the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal government agency, or similar state or local agency (“Government Agencies”), or exercising any rights pursuant to Section 7 of the National Labor Relations Act. The Executive further understands that canthis Release does not limit the Executive’s ability to voluntarily communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be waived conducted by law any Government Agency, including providing documents or other information, without notice to the Company. While this Release does not limit the Executive’s right to receive an award for information provided to the Securities and Exchange Commission, the Executive understands and agrees that the Executive is otherwise waiving, to the fullest extent permitted by law, any and all rights the Executive may have to individual relief based upon any claims arising out of any proceeding or investigation before one or more of the Government Agencies. If any such claim is not subject to release, to the extent permitted by law, the Executive waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which any of the Released Parties is a party. Notwithstanding anything to the contrary set forth herein, this Release does not abrogate the Executive’s existing rights under any Company benefit plan, the Executive Employment Agreement or any plan or agreement related to equity ownership in the Company. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA (“ADEA Waiver”). I also acknowledge that (i) the consideration given for the ADEA Waiver is in addition to anything of value to which I was already entitled; and (ii) that, subject only to Company providing the end of employment / termination benefits described in the first paragraph of this Release, I have been paid for all time worked, has received all the leave, leaves of absence and leave benefits and protections for which I am eligible, and have not suffered any on-the-job injury for which I have not already filed a claim. I affirm that all of the decisions of the Released Parties regarding my pay and benefits through the date of my execution of this Release were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. I affirm that I have not filed or caused to be filed, and am not presently a party to, a claim against any of the Released Parties. I further affirm that I have no known workplace injuries or occupational diseases. I acknowledge and affirm that I have not been retaliated against for reporting any allegation of corporate fraud or other wrongdoing by any of the Released Parties, or for exercising any rights protected by law, including any rights protected by the Fair Labor Standards Act, the Family Medical Leave Act or any related statute or local leave or disability accommodation laws, or any applicable state workers’ compensation law. I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any claims that may arise after the date on which you I sign this Release; (ivb) I should consult with an attorney prior to executing this release; (c) I have twenty-one (21) days within which to consider this release (although I may choose to voluntarily execute this release earlier); (d) I have seven (7) days following the execution of this release to revoke this Release (in a written revocation sent to the Chief Executive Officer of the Company); and (e) this Release will not be effective until the eighth day after I sign this Release, provided that I have not earlier revoked this Release (the “Effective Date”). I will not be entitled to receive any of the benefits specified by this Release unless and until it becomes effective. In granting the release herein, which includes claims that may be unknown to me at present, I acknowledge that I expressly waive and relinquish any and all rights and benefits under any applicable law or statute providing, in substance, that you a general release does not extend to claims which a party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected the terms of such release. The Executive agrees that the Executive will not make any negative or disparaging statements or comments, either as a stockholder fact or as opinion, about the Released Parties or their vendors, products or services, business, technologies, market position or performance. The Company (including its subsidiaries and affiliates) will not make, and agrees to use commercially reasonable efforts to cause the executive officers and board of directors of the Company to refrain from making, any negative or an equity holder of disparaging statements or comments, either as fact or as opinion, about the Executive (or authorizing any member of statements or comments to be reported as being attributed to the Group; Company). Nothing in this paragraph shall prohibit the Executive or (v) the Company from providing truthful information in response to a subpoena or other legal process. In addition, nothing in the Release shall apply to any indemnification legally protected whistleblower rights (including advancement and reimbursement under Rule 21F under the Securities Exchange Act of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance1934).

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in In consideration of the Severance Benefits payments and other benefits set forth in Section 4.2 of the Amended and Restated Employment Agreement dated October 12, 2009, (as defined in the Change in Control Severance “Employment Agreement”), to which this form is attached, I, Xxxxxxx X. Xxxxx, hereby furnish Pure Bioscience (the “Company”), with the following release and other good waiver (“Release and valuable considerationWaiver”). In exchange for the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, youI hereby generally and completely release the Company and its directors, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directorsemployees, shareholders, partners, stockholdersagents, employeesattorneys, predecessors, successors, parent and subsidiary entities, insurers, Affiliates, and agents (collectively, the “Group”), assigns from any and all claims whatsoever up to the date hereof which you hadclaims, may have hadliabilities and obligations, or now have against the Group, whether both known or and unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising that arise out of or attributable are in any way related to your events, acts, conduct, or omissions occurring relating to my employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientationthereof prior to my signing this Release and Waiver. This general release of claims includes, but is not limited to: (1) all claims arising out of or in any way related to my employment with the Company or the termination of that employment; (2) all claims related to my compensation or benefits from the Company, including, but not limited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including, but not limited to, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) all federal, state, and local statutory claims, including, but not limited to, claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), Title VII and the California Fair Employment and Housing Act (as amended). Notwithstanding the foregoing, this Release and Waiver, shall not release or waive my rights: to indemnification under the articles and bylaws of the Company or applicable law, including without limitations, California Labor Code Sections 2800 and 2802; to payments under Section 4.2 of the Employment Agreement; under any provision of the Employment Agreement that survives the termination of that agreement; under the California Workers’ Compensation Act; under any option, restricted share or other agreement concerning any equity interest in the Company; as a shareholder of the Company or any other right that is not waivable under applicable law. I also acknowledge that I have read and understand Section 1542 of the California Civil Rights ActCode which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, debtor.” I hereby expressly waive and the Equal Pay Act, each as may be amended from time to time, relinquish all rights and all other federal, state and local laws, the common law benefits under that section and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge law of any facts or circumstances that give rise or could give rise jurisdiction of similar effect with respect to any claims under any of I may have against the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute Company. I acknowledge that, among other thingsrights, prohibits discrimination on I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the basis consideration given for this Release and Waiver is in addition to anything of value to which I was already entitled as an executive of the Company. If I am 40 years of age or older upon execution of this Release and Waiver, I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims under the ADEA which may arise after this Release and Waiver is executed; (b) I should consult with an attorney prior to executing this Release and Waiver; and (c) I have twenty-one (21) days from the date of termination of my employment with the Company in employment which to consider this Release and employee benefit plans. Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); (d) I have seven (7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and (e) Notwithstanding any provision of this Release and Waiver shall not be effective until the seven (7) day revocation period has expired unexercised. This Release and Waiver constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the contrary, subject matter hereof. I am not relying on any promise or representation by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit is not expressly stated herein. This Release and fringe benefit plans, programs Waiver may only be modified by a writing signed by both me and arrangements a duly authorized officer of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.Company. Date: By: XXXXXXX X. XXXXX

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement), paragraph 2 above and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge each member of the Company, its direct and indirect parents, subsidiaries and affiliates, Company Group and their respective successors and assigns, together with their respective current and former officers, directors, partners, members, stockholders, employees, employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which that you had, may have had, or now have against the GroupCompany Parties, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the CompanyCompany or any member of the Company Group, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, retaliation, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or disability, sexual orientation, or any other class protected under applicable law. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (the “ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, and the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, and the Employee Retirement Income Security Act (excluding claims for accrued, vested benefits under an employee pension benefit plan of the Company Parties), each as may be amended from time to time, and all other federal, state and local laws, the common law law, and any other purported restriction on an employer’s right to terminate the employment of employees. You intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law and for the provisions regarding the release of claims against the Company Parties to be construed as broadly as possible, and hereby incorporate in this release similar federal, state or other laws, all of which you also hereby expressly waive. (c) You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered, but it is your intention to fully and forever release, remise and discharge all claims which you had, may have had, or now have against the Company Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or noncontingent, without regard to the subsequent discovery or existence of such additional or different facts. Without limiting the foregoing, by signing this Agreement, you expressly waive and release any provision of law that purports to limit the scope of a general release. (d) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plansparagraphs. (e) Notwithstanding any provision of this Release Agreement to the contrary, by executing this ReleaseAgreement, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination arising out of your employmentbreach of this Agreement; (ii) any your rights with respect to payment of amounts under this Agreement; (iii) your right to accrued, vested benefits that you have due to terminated employees under the any employee benefit and fringe benefit plans, programs and arrangements plan of the GroupCompany or any other member of the Company Group in which you participated (excluding any severance or similar plan or policy), in accordance with the terms thereof (including your right to elect COBRA continuation coverage); (iiiiv) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Releaselaw; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including your right to indemnification, advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under , and directors and officers liability insurance, as provided by, and in accordance with the terms of, applicable law, the Company’s governing documents or that certain Indemnification Agreement, dated June 27, 2017, by and between you and the Company (the “Indemnification Agreement”); (vi) any rights or claims under the ADEA challenging the knowing and voluntary nature of the Agreement or that may arise after the date that you execute this Agreement; or (vii) your rights as a stockholder of the Company. (f) Notwithstanding the foregoing or anything else in this Agreement, this Agreement will not prevent you from (i) filing a charge or complaint with, participating in an investigation or proceeding conducted by, or reporting possible violations of law or regulation to any federal, state or local government agency, (ii) truthfully responding to or complying with a subpoena, court order, or other legal process, or (iii) exercising any rights you may have under applicable labor laws to engage in protected concerted activity with other employees; provided, however, that you agree to forgo any monetary benefit from the filing of a charge or complaint with a government agency except pursuant to a whistleblower program or where your right to receive such a monetary benefit is otherwise not waivable by law. (g) You acknowledge and agree that as of the date of this Agreement, you have reported all accidents, injuries or illnesses relating to or arising from your employment with the Company or the Company Group and that you have not suffered any on-the-job injury or illness for which you have not yet filed a claim.

Release and Waiver of Claims. (a) As used Lipocine will pay you, as a severance payment, a total sum of One Hundred Forty Two Thousand Five Hundred Twenty Six Dollars and 40/100 ($142,526.40), which amount is computed as provided in your Employment Agreement (the “Consideration”). In addition, Lipocine is paying you, as earned paid time off, a total sum of Twenty Eight Thousand Three Hundred and Eighty Four Dollars and 41/100 ($28,384.41). The Consideration will be paid to you in one lump sum, less applicable deductions and withholdings for state and federal taxes, within two (2) business days after the expiration of the Revocation Period, provided that you do not revoke this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or natureAgreement. However, in lawaccordance with your Employment Agreement, in equity, or otherwiseyou may elect to defer your Consideration for up to 60 days. You acknowledge that the Consideration represents monies to which you would not be entitled but for this Agreement. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)Consideration, and for other good and valuable considerationconsideration set forth herein, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remiseremise and discharge Lipocine and each member of the Company Group, and discharge the Company, its each of their direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholdersshareholders, employees, attorneys and agents (collectively, the “GroupCompany Parties”), from any and all claims whatsoever up to the date hereof Effective Date which you had, may have had, or now have against the Group, whether known or unknownCompany Parties, for or by reason of any matter, cause or thing whatsoever, including without limitation any claim arising out of or attributable to your employment Employment or the termination of your employment Employment with Lipocine or any member of the Company, Company Group whether for contract, tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, failure to hire, re-hire, or contract with as an independent contractor, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Civil Rights Act (“ADEA”)of 1866, Title VII of 42 U.S.C. §1981 et seq.; the Civil Rights ActAct of 1964, the Americans with Disabilities Act, 42 U.S.C. §2000 et seq.; the Civil Rights Act of 1991; the Rehabilitation Act of 1973, 29 U.S.C. §701 et seq.; the Americans with Dxxxxxxxxxxx Xxx, 00 X.X.X. §0000 et seq.; the Family and Medical Leave Act, 29 U.S.C. §2601 et seq.; the National Labor Relations Act, 29 U.S.C. §151 et seq.; the Fair Labor Standards Act, 29 U.S.C. §201 et seq.; the Vietnam Era Veterans’ Readjustment Assistance Act of 1974; the Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001 et seq., the Occupational Safety and Health Act, 29 U.S.C. §651 et seq.; the Worker Adjustment and Retraining Nxxxxxxxxxxx Xxx, 00 X.X.X. §0000, et seq.; the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq.; the Age Discrimination in Employment Act of 1967, 29 U.S.C. §621 et seq.; the Equal Pay Act; the Utah Fair Employment and Housing Act; the Utah Family Rights Act; and any other federal, state, or local human or civil rights, wage-hour, pension or labor law, rule and/or regulation, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. As used in this Agreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, equity or otherwise. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permitted by applicable law. (c) You acknowledge and agree that as of the date you execute this Release, Effective Date you have no knowledge of any facts or circumstances that give rise to or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, Nothing contained in this Section 2 shall be a United States federal statute that, among other things, prohibits discrimination on the basis waiver of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and law. (e) Without limiting the scope of the release herein, the release also includes, without limitation, any claims that may arise after the date on which you sign this Release; (iv) or potential claims against any rights that you have as a stockholder of the Company or an equity holder of any member Group for wages, earned vacation, paid time off, bonuses, expenses, and benefits earned through the date of the Group; or (v) any indemnification rights (including advancement and reimbursement execution of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurancethis Agreement. Such amounts are not consideration for this Agreement.

Release and Waiver of Claims. (a) As used in this ReleaseIn consideration of the consent to and amendment of certain provisions of the Credit Agreement as provided herein and the other benefits received by each of the Borrower and the Guarantors hereunder, each of the term “claims” will include Borrower and the Guarantors hereby RELEASES, WAIVES, RELINQUISHES and forever DISCHARGES each of the Lenders and the Agent, as well as their predecessors, successors, assigns, agents, officers, directors, employees, attorneys, representatives, affiliates and subsidiaries of and from any and all claims, covenantsoffsets, warrantiesdefenses, promisescounterclaims, undertakingsdemands, actions, suits, actions and causes of actionaction of any and every kind or character, obligationspast or present, debtswhich any Credit Party may have against any of the Lenders, accountsthe Agent or any of their predecessors, successors, assigns, agents, officers, directors, employees, attorneys’ fees, judgmentsrepresentatives, losses affiliates and liabilitiessubsidiaries arising out of or with respect to any and all transactions relating to the Credit Documents occurring prior to the date hereof, including any loss, cost or damage, of whatsoever any kind or naturecharacter, arising out of or in any way connected with or in any way resulting from the acts, actions or omissions of any of the Lenders, the Agent or any of their predecessors, successors, assigns, agents, officers, directors, employees, attorneys, representatives, affiliates and subsidiaries, including any breach of fiduciary duty, breach of any duty of fair dealing, breach of confidence, breach of funding commitment, undue influence, duress, economic coercion, conflict of interest, negligence, bad faith, malpractice, intentional or negligent infliction of mental distress, tortious interference with contractual relations, tortious interference with corporate governance or prospective business advantage, breach of contract, deceptive trade practices, libel, slander or conspiracy, but in each case only to the extent permitted by applicable law, in equity, or otherwisesuch waiver and release being with full knowledge and understanding of the circumstances and effect thereof and after having consulted legal counsel with respect thereto. (b) For and in consideration The agreements of each of the Severance Benefits (as defined Borrower and the Guarantors set forth in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the this Section 3 shall survive termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, this First Amendment and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employeesCredit Documents. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, effective as of May __, 2019 to which you, Cornerstone Building Brands, Inc., and Ply Gem Industries, Inc. (athe “Companies”) As used are parties (the “Agreement”), you hereby waive and release and forever discharge each of the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason of unsuspected, whether or not mature or ripe, that you ever had and now have against any matter, cause or thing whatsoever, including any claim Releasee arising out of or attributable in any way related to your employment with or separation from the termination of your employment with Companies, to any services performed for the CompanyCompanies, whether for tortto any status, breach of express term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Companies, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which you sign this Release; (iv) any rights that you have as a stockholder release of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceclaims becomes irrevocable.

Release and Waiver of Claims. In consideration for the payments provided for under the letter agreement between me, Xxxxxxx Xxxxxx, and Visant Corporation dated December 28, 2007 (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Letter Agreement”), and for other good and valuable consideration, youthe receipt and sufficiency of which is hereby acknowledged, for I hereby enter into this Release and Waiver of Claims (the “Release”) and agree on behalf of yourself myself, my spouse, agents, assignees, attorneys, successors, assigns, heirs and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do to fully and forever release, remise, completely release Visant (which term shall be deemed to include Visant Holding Corp. and discharge the Companyall subsidiary and affiliated and successor companies and persons of Visant Holding Corp. or other entity in which Visant Holding Corp. or its subsidiaries or affiliates has an equity interest in excess of ten percent (10%)), its direct predecessors and indirect parents, subsidiaries successors and affiliates, and all of their respective successors and assigns, together with their respective past and/or present officers, directors, partners, stockholdersmembers, managing members, managers, employees, agents, representatives, administrators, attorneys, insurers and agents fiduciaries in their individual and/or representative capacities (collectively, hereinafter collectively referred to as the “GroupCompany Releasees”), from any and all causes of action and claims whatsoever whatsoever, which I or my heirs, executors, administrators, successors and assigns ever had, now have or may have against the Company Releasees or any of them, in law, admiralty or equity, whether known or unknown to me, for, upon, or by reason of, any matter, action, omission, course or thing in connection with or in relationship to: (a) my employment or other service relationship with Visant; (b) the termination of any such employment or service relationship; (c) any applicable employment, benefit, compensatory or equity arrangement with Visant occurring or existing up to the date hereof which you hadthis Release is signed; and (d) any equity or stock plans of Visant, may have had, or now have against subject to the Group, whether known or unknown, for or by reason provisions of any matter, cause or thing whatsoever, including any claim arising out paragraph 3 of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise below (such released claims are collectively referred to any claims under any of herein as the laws listed in the preceding paragraph“Released Claims”). (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Section 3.4(b) or Section 9.1 of the Employment Agreement), and other good and valuable considerationconsideration (the “Consideration”), you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholdersshareholders, employees, employees and agents (collectively, and with the Company, the “Group”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this ReleaseEffective Date, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits Consideration, and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries in accordance with the Company’s or affiliates or coverage under directors and officers liability insurancesuch subsidiary’s bylaws, as the case may be.

Release and Waiver of Claims. In exchange for the foregoing benefits, subject to Section 10 of this Agreement (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance AgreementProtected Activity), and other good and valuable considerationEmployee, you, for and on behalf of yourself Employee and your her heirs, executors, administrators, executorssuccessors, assigns and assignspersonal representatives, effective as of the Effective Date, do fully hereby releases and forever release, remise, discharges the Company and discharge the Company’s long-term disability plans (including any trustees, its direct custodians and indirect parents, subsidiaries administrators engaged in connection with the administration of claims or assets maintained in connection with any such plans) of and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all legal, equitable, and administrative claims whatsoever up to the date hereof which you hadand demands of every name, may have hadtype, act and nature, arising out of or now have against the Group, whether known or unknown, for or existing by reason of any matter, cause known or thing whatsoever, including any claim arising out unknown act or inaction whatsoever and occurring directly or indirectly as a result of or attributable prior to your employment or the termination execution of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientationthis Agreement. This release of claims includes, but is not limited to, all claims any claims, charges, complaints, grievances, causes of action (known or unknown), demands, injuries (whether personal, emotional or other), unfair labor practices, or suits arising, directly or indirectly, out of Employee's employment with and/or separation of employment from the Company, and includes, but is not limited to claims, charges, complaints, actions, grievances, demands or suits which may be, have, or might have been asserted, whether in contract or in tort, and whether under common law or under federal, state or local statute, regulation or ordinance. Claims, actions and demands released herein include but are not limited to those based on allegations of wrongful discharge, retaliation, personal injury and/or breach of contract; those arising under federal, state or local employment discrimination, fair employment practices, and/or wage and hour laws; and for West Virginia employees, those arising under the West Virginia Human Rights Act; those arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, as amended, the Fair Labor Standards Act, the Age Discrimination in Employment Act of 1967 (“ADEA”), Title VII the Rehabilitation Act of the Civil Rights Act1973, the Americans with With Disabilities ActAct (“ADA”) and Executive Order 11246, (all as amended); those arising under the Civil Uniformed Services Employment and Re-employment Rights Act of 19911994 (“USERRA”), the Family Medical Leave ActWorker Adjustment and Retraining Notification Act (“WARN”), the Labor Management Relations Act (“LMRA”), the National Labor Relations Act (“NLRA”), and the Equal Pay ActFamily and Medical Leave Act (“FMLA”); and those arising under applicable securities laws. Also released are any claims and demands related to entitlement to long-term disability benefits under any Company long-term disability plan. Excluded from this Agreement are any pending or as yet unaccrued worker’s compensation/occupational disease claims, each as may be amended from time to timevested pension and savings plan (401k) benefits, participation in health and welfare benefits (medical, dental and vision) under the terms of such plans, vested balances and payments under non-qualified deferred compensation plans, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that which cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurancelaw.

Release and Waiver of Claims. (a) As used in this ReleaseFor valuable consideration, the term “claims” will include receipt and sufficiency of which are hereby acknowledged, Borrower does hereby remise, release, and forever discharge of and from all, and all claims, covenants, warranties, promises, undertakingsmanner of, actions, suits, causes of action, obligationssuits, proceedings, debts, accountsdues, attorneys’ feescontracts, judgments, losses damages, claims, and liabilities, of demands whatsoever kind in law or nature, in law, in equity, which Borrower ever had, now has, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your which Xxxxxxxx’s heirs, administrators, executors, and assignsadministrators or personal representatives hereafter can, effective as of the Effective Dateshall, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, or may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause cause, or thing whatsoeverwhatsoever arising out of this agreement; out of the use (misuse, including or abuse) of the Bicycle and Equipment; or in any claim way arising out of the relationship between Borrow and the MLD. This release of liability, covenant not to sue, and hold harmless agreement shall be binding upon the Borrower, the Borrower heirs, executors, administrators, personal representatives, and assigns, and shall inure to the benefit of the Releases and their successors and assigns. INITIAL _______ In consideration of my child’s borrowing of a bicycle from the Meridian Library District, (hereafter, the “Activity”), the undersigned agrees as follows: Child 1 DOB / / Child 3 DOB / / Child 2 Child 4 DOB / / DOB / / Child 5 DOB / / Child 6 DOB / / 1. I am the parent or legal guardian of the above listed children, who is (are) under the age of eighteen (18) years. I understand that my child’s participation in the Activity may include risks and hazards. I am aware of the risks and hazards inherent in my child’s participation in the Activity, and recognizing those risks and hazards, I hereby give my consent and approval to my child’s participation in the Activity. INITIAL _______ 2. On behalf of my child and myself, I hereby release the MLD, and their officers, employees, volunteers, and agents (collectively, “Releasees”) from any and all liability for any and all claims and causes of action which I or my child may hereafter have on account of any and all injuries and/or damage that I or my child may sustain, or any loss of any other sort, arising out of or attributable relating to your employment my child’s or my participation in the termination of your employment with the CompanyActivity, or incidental thereto, whether for tortcaused by the negligence of the Releasees or any other person. In addition, breach on behalf of express or implied employment contractmy child and myself, intentional infliction I covenant and agree not to sue any of emotional distressthe Releasees, wrongful terminationand agree to forever hold them and each of them harmless, unjust dismissalfrom any liability, defamationclaims, libel or slanderdemands, actions, or under causes of action whatsoever arising from my child’s or my participation in the Activity, whether such liability, claims, demands, or actions are the result of the negligence of the Releasees or any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientationother person. This release of claims includesliability, but is covenant not limited toto sue, all claims arising under and hold harmless agreement shall be binding upon me, my child, my heirs, and/or my child’s heirs, executors, administrators, personal representatives, and assigns, and shall inure to the Age Discrimination in Employment Act (“ADEA”), Title VII benefit of the Civil Rights ActReleasees and their successors and assigns. INITIAL _______ 3. I hereby agree to indemnify the Releasees and to assume and be responsible for all harm, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time injury or damage caused by me or my child to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed Releasees, the Releasees’ property or equipment, other persons or other personal property used in conjunction with the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.Activity. INITIAL _______

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national 1 To be selected based on whether the applicable termination was “in connection with an exit incentive or other employment termination program” (as such phrase is defined in the Age Discrimination in Employment Act of 1967). origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. (a) As used In exchange for the Severance Compensation and Severance Benefits provided you under this Agreement, to which you would not otherwise be entitled, you agree that this Agreement shall be in this Release, the term “claims” will include complete and final settlement of any and all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligationsrights or claims that you have had in the past, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equitynow have, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or might now have against the Grouphave, whether known or unknown, for including without limitation any and all causes of actions, rights or by reason of claims that are in any matterway related to, cause connected with or thing whatsoever, including any claim arising arise out of or attributable to your employment or the its termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under pursuant to any federal, state or local law dealing with discrimination based on agelaw, raceregulation or other requirement, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), including without limitation Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991Age Discrimination in Employment Act, the Family Medical Leave Employee Retirement Income Security Act, the fair employment practices statutes of the Commonwealth of Massachusetts and any other states in which you have provided services to the Equal Pay Act, each as may be amended from time to timeCompany, and all any other federal, state or local law, regulation or other requirement, all as amended, and local lawsyou hereby release, waive, and forever discharge the common law Company and its Affiliates (as defined above) and all of its and their respective past, present, and future directors, shareholders, officers, employees, agents and representatives, their respective successors and assigns, and all others connected with it and them, both individually and in their official capacities, from any other purported restriction on an employer’s right to terminate the employment and all such causes of employeesaction, rights and claims. (cb) You acknowledge This Agreement, including the release and agree waiver of claims set forth in this Paragraph 11, creates legally binding obligations, and the Company advises you to consider its terms carefully and to consult with an attorney of your choosing before signing this Agreement. In signing this Agreement, you give the Company assurance that as you have signed it voluntarily and with a full understanding of the date its terms; that you execute have had sufficient opportunity to consider this ReleaseAgreement and to consult with any of those persons listed in Paragraph 8 above before signing it; and that, in signing this Agreement, you have no knowledge of not relied on any facts promises or circumstances representations, whether express or implied, that give rise or could give rise to any claims under any of the laws listed are not set forth expressly in the preceding paragraph. (d) this Agreement. You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute acknowledge that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of by entering into this Release to the contrary, by executing this ReleaseAgreement, you are not releasing waiving any and all rights or claims relating to: (i) your rights with respect to you might have under the Severance Benefits Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act, and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims received consideration beyond that cannot be waived by law and any claims that may arise after the date on to which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurancewere previously entitled.

Release and Waiver of Claims. (a) As used in this ReleaseEffective as of the Termination Date, the term “claims” will include all claimssubject to Section 10 hereof, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)payments, benefits, and other good and valuable considerationconsideration provided to Executive under this Agreement, youExecutive, for himself and on behalf of yourself and your his family, heirs, executors, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliateslegal representatives, and their respective successors and assigns, together with their respective hereby releases and forever discharges the Company, and all of its subsidiaries, officers, directors, partnersemployees, agents, stockholders, employeesrepresentatives, and agents their successors and assigns (collectively, the “GroupCompany Entities”), from all rights, claims or demands Executive may have, including claims for attorneys’ fees and costs, arising at any time on or before the date hereof, based on his employment with any Company Entity or the termination of that employment, including without limitation any claims under the Employment Agreement, or based on any services provided to any Company Entity by Executive other than pursuant to an employment relationship with any Company Entity. This includes a release of any and all rights, claims whatsoever up to the date hereof which you had, or demands Executive may have had, or now have against the Grouphave, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”)Act, which prohibits age discrimination in employment; Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 19911964, the Family Medical Leave Actwhich prohibits discrimination in employment based on race, and color, national origin, religion or sex; the Equal Pay Act, each as may be amended from time to time, which prohibits paying men and all women unequal pay for equal work; the New Jersey Law Against Discrimination; or under any other federal, state and or local lawslaws or regulations regarding employment discrimination or termination of employment. This also includes a release by Executive of any claims for wrongful discharge or whistleblowing under the Sxxxxxxx-Xxxxx Act, the common law and New Jersey Conscientious Employee Protection Act, or any other purported restriction on an employer’s right statute, rule, regulation or under the common law. Executive hereby agrees never individually or with any person to terminate file, or commence the employment of employees. (c) You acknowledge and agree that as of the date you execute this Releasefiling of, you have no knowledge of any facts charges, lawsuits, complaints or circumstances that give rise proceedings with any governmental agency, or could give rise against any Company Entity, with respect to any claims under any of the laws listed matters released by Executive pursuant to this Section 9. Executive agrees that if the release and waiver of claims contained in the preceding paragraph. (d) You specifically release all claims relating this Section 9 is held to your employment be invalid or unenforceable for any reason, this entire Agreement shall be considered null and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you void and the Company that survive shall have no further obligation to the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceExecutive.

Release and Waiver of Claims. (a) As used in a. In exchange for the benefits provided to you under this ReleaseAgreement, including the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)Separation Benefits, and for other good and valuable consideration, which you hereby acknowledge to be sufficient consideration for your obligations hereunder, you, for and you on behalf of yourself and your spouse, heirs, executors, representatives, trustees, agents, insurers, administrators, executorslegal representatives, successors and assignsassigns (collectively, effective as of the Effective Date“Releasors”), do irrevocably and unconditionally fully and forever releasewaive, remise, release and discharge the Company, its direct and indirect the Company’s parents, subsidiaries and subsidiaries, affiliates, and their respective predecessors, successors and assigns, together with and each of their respective officers, directors, partnersmanagers, stockholdersBoard Members, members, employees, shareholders, trustees, agents, attorneys, partners and agents affiliates, in their corporate and individual capacities (collectively, the “GroupReleasees”), from any and all claims whatsoever up to the date hereof which you hadclaims, may have haddemands, or now have against the Groupactions, causes of actions, obligations, judgments, rights, fees, damages, debts, obligations, liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever, whether known or unknown, for or by reason from the beginning of any matter, cause or thing whatsoever, including any claim arising out of or attributable time to your employment or the termination date of your employment with the Companyexecution of this Agreement, whether for tortincluding, breach of express or implied employment contractwithout limitation, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or any claims under any federal, state state, local or local law dealing with discrimination based on ageforeign law, racethat Releasors may have, sexhave ever had or may have in the future, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, including but is not limited to, those arising out of, or in any way related to your hire, benefits, employment, termination or separation from employment with the Company and any actual or alleged act, omission, transaction, practice, conduct, occurrence or other matter, whether or not you have previously filed such a claim. b. You further agree and acknowledge that Releasors are giving up any rights or claims against Releasees which Releasors may have under numerous laws and regulations, including but not limited to, those regulating employment, whether on the federal, state, or local level, including, but not limited to: (i) any and all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Families First Coronavirus Response Act, the Fair Labor Standards Act (to the extent permitted by law), the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Sections 1981 and 1983 of U.S.C. Title 42, the Family Medical Leave Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, and as amended, the Equal Pay National Labor Relations Act, each as may be amended from time amended, the Age Discrimination in Employment Act, as amended, the Older Workers’ Benefit Protection Act, the Uniform Services Employment and Reemployment Rights Act, as amended, the Genetic Information Nondiscrimination Act of 2008, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, the Occupational Safety and Health Act, the Immigration Reform and Control Act of 1986, the New York State Human Rights Law, the New York Labor Law (including but not limited to timethe Retaliatory Action by Employers Law, all provisions prohibiting discrimination and retaliation, and all provisions regulating wage and hour law), New York Paid Family Leave Law, the New York State Worker Adjustment and Retraining Notification Act, New York State Paid Sick Leave Law, the New York Civil Rights Law, Section 125 of the New York Workers’ Compensation Law, and any and all claims pursuant to any other state law and all of their respective implementing regulations and/or any other federal, state state, local or foreign law (statutory, regulatory or otherwise) that may be legally waived and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees.released; (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights and all claims for compensation or payments of any type whatsoever, including but not limited to accruedclaims for including wages, vested benefits that you have under the employee benefit and fringe benefit planscommissions, programs and arrangements bonus payments of the Group; any type, vacation pay, stock options, restricted stock, wage supplements, commissions, incentive compensation, and/or severance; (iii) any and all claims that canarising under tort, contract and/or quasi-contract law, including but not be waived by law limited to claims of breach of an expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, concealment, negligence, negligent misrepresentation, quantum meruit, violation of public policy nonphysical injury, personal injury or sickness or any claims that may arise after the date on which you sign this Releaseother harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, negligent or intentional infliction of emotional distress; and, (iv) any rights that you have as a stockholder and all claims for monetary or equitable relief, including but not limited to punitive, compensatory, or other damages or monies, attorneys’ fees, back pay, front pay, reinstatement, experts’ fees, medical fees or expenses, costs and disbursements from the beginning of time through and including the Company or an equity holder date of any member your execution of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurancethis Agreement.

Release and Waiver of Claims. (a) As used in a. In exchange for the benefits provided to you under this ReleaseAgreement, including the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)Separation Benefits, and for other good and valuable consideration, which you hereby acknowledge to be sufficient consideration for your obligations hereunder, you, for and you on behalf of yourself and your spouse, heirs, executors, representatives, trustees, agents, insurers, administrators, executorslegal representatives, successors and assignsassigns (collectively, effective as of the Effective Date“Releasors”), do irrevocably and unconditionally fully and forever releasewaive, remise, release and discharge the Company, its direct and indirect the Company’s parents, subsidiaries and subsidiaries, affiliates, and their respective predecessors, successors and assigns, together with and each of their respective officers, directors, partnersmanagers, stockholdersmembers, investors, employees, shareholders, trustees, agents, partners and agents affiliates, in their corporate and individual capacities (collectively, the “GroupReleasees”), from any and all claims whatsoever up to the date hereof which you hadclaims, may have haddemands, or now have against the Groupactions, causes of actions, obligations, judgments, rights, fees, damages, debts, obligations, liabilities and expenses (inclusive of attorneys’ fees) of any kind whatsoever, whether known or unknown, for or by reason from the beginning of any matter, cause or thing whatsoever, including any claim arising out of or attributable time to your employment or the termination date of your employment with the Companyexecution of this Agreement, whether for tortincluding, breach of express or implied employment contractwithout limitation, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or any claims under any federal, state state, local or local law dealing foreign law, that Releasors may have, have ever had or may have in the future, including but not limited to those arising out of, or in any way related to your hire, benefits, employment, termination or separation from employment with discrimination based on agethe Company and any actual or alleged act, raceomission, sextransaction, national originpractice, handicapconduct, religionoccurrence or other matter, disability whether or sexual orientation. This release of not you have previously filed such a claim. b. You further agree and acknowledge that Releasors are giving up any rights or claims includesagainst Releasees which Releasors may have under numerous laws and regulations, including but is not limited to, those regulating employment, whether on the federal, state, or local level, including, but not limited to: (i) any and all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Families First Coronavirus Response Act, the Fair Labor Standards Act (to the extent permitted by law), the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Sections 1981 and 1983 of U.S.C. Title 42, the Family Medical Leave Xxxxxxxx-Xxxxx Act of 2002, as amended, The American Rescue Plan Act of 2021, the Worker Adjustment and Retraining Notification Act, and as amended, the Equal Pay National Labor Relations Act, each as may be amended from time amended, the Age Discrimination in Employment Act, as amended, the Older Workers’ Benefit Protection Act, the Uniform Services Employment and Reemployment Rights Act, as amended, the Genetic Information Nondiscrimination Act of 2008, the Vietnam Era Veterans' Readjustment Assistance Act of 1974, the Occupational Safety and Health Act, the Immigration Reform and Control Act of 1986, the New York State Human Rights Law, the New York Labor Law (including but not limited to timethe Retaliatory Action by Employers Law, all provisions prohibiting discrimination and retaliation, and all provisions regulating wage and hour law), New York Paid Family Leave Law, the New York State Worker Adjustment and Retraining Notification Act, New York State Paid Sick Leave Law, the New York Civil Rights Law, Section 125 of the New York Workers’ Compensation Law, the New York City Human Rights Law, the New York City Paid Safe and Sick Leave Law, and any and all claims pursuant to any other law and all of their respective implementing regulations and/or any other federal, state state, local or foreign law (statutory, regulatory or otherwise) that may be legally waived and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees.released; (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights and all claims for compensation of any type whatsoever, including but not limited to accruedclaims for salary, vested benefits that you have under the employee benefit and fringe benefit planswages, programs and arrangements of the Group; bonuses, commissions, incentive compensation, paid time off and/or severance; (iii) any and all claims that canarising under tort, contract and/or quasi-contract law, including but not be waived by law limited to claims of breach of an expressed or implied contract, tortious interference with contract or prospective business advantage, breach of the covenant of good faith and fair dealing, promissory estoppel, detrimental reliance, invasion of privacy, nonphysical injury, personal injury or sickness or any claims that may arise after the date on which you sign this Releaseother harm, wrongful or retaliatory discharge, fraud, defamation, slander, libel, false imprisonment, negligent or intentional infliction of emotional distress; and (iv) any rights that you have as a stockholder and all claims for monetary or equitable relief, including but not limited to attorneys’ fees, back pay, front pay, reinstatement, experts’ fees, medical fees or expenses, costs and disbursements from the beginning of time through and including the Company or an equity holder date of any member your execution of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurancethis Agreement.

Release and Waiver of Claims. In consideration for the end of employment / termination benefits set forth in the Executive Employment Agreement, to which this form is attached (athe “Employment Agreement”), including without limitation the end of employment / termination benefits set forth in Section 6 thereof, among other things, Xxxxx Xxxxxx (the “Executive” or “I”) As used and DraftKings, Inc. (the “Company”) hereby enter into the following release and waiver of claims (the “Release”). For the avoidance of doubt, nothing in this ReleaseRelease is intended or shall be construed to waive, release or limit in any manner the end of employment / termination benefits described in the Employment Agreement. The Executive hereby generally and completely release the Company, its affiliates, and its and their current and former directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, family and assigns (collectively, the term “claims” will include Released Parties”) of and from any and all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, liabilities and obligations, debtsboth known and unknown, accountsthat arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to or on the date that Executive signs this Release (collectively, the “Released Claims”). The Released Claims include, but are not limited to: (i) all claims arising out of or in any way related to the Executive’s employment with the Company, or the termination of that employment; (ii) all claims related to the Executive’s compensation or benefits from the Company, including salary, bonuses, retention bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests or equity-based awards in the Company; (iii) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (iv) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, judgments, losses and liabilities, or other claims arising under the federal Civil Rights Act of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits 1964 (as defined in the Change in Control Severance Agreementamended), and other good and valuable consideration, you, for and on behalf the federal Americans with Disabilities Act of yourself and your heirs, administrators, executors, and assigns, effective 1990 (as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectivelyamended), the federal Family and Medical Leave Act (as amended) (the “GroupFMLA”), from the federal Age Discrimination in Employment Act of 1967 (as amended) (the “ADEA”), the Employee Retirement Income Security Act of 1974 (as amended), the National Labor Relations Act of 1935 (as amended), Chapter 151B of the Massachusetts General Laws, and any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoeversimilar applicable state laws, including those of the Commonwealth of Massachusetts and any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any other federal, state or local civil or human rights law dealing with discrimination based on ageor any other local, racestate or federal law, sexregulation or ordinance, national originand any public policy, handicapcontract, religiontort, disability or sexual orientationcommon law. This release of claims Released Claims specifically includes, but is not limited towithout limitation, all claims arising under pursuant to the Age Discrimination in Employment Massachusetts Wage Act (“ADEA”)and State Overtime Law, Title VII of M.G.L. c. 149 §§ 148, 150 et seq. and M.G.L. c 151, §1A et seq, as amended. Notwithstanding the Civil Rights Actforegoing, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed following are not included in the preceding paragraph. Released Claims (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: “Excluded Claims”): (i) your any rights or claims for indemnification that Executive may have pursuant to any written indemnification agreement with respect to the Severance Benefits and any other rights Company, the charter, bylaws, or operating agreements of the Company, or under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employmentapplicable law; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements which are not waivable as a matter of the Grouplaw; (iii) any claims arising from the breach of this Release; or (iv) any claims related to any Accrued Benefits or other vested benefits or any severance benefits payable or due to the Executive on account of the end of the Executive’s employment or the Executive’s termination under the terms of the Executive Employment Agreement. For the avoidance of doubt, nothing in this Release shall prevent Executive from challenging the validity of the Release in a legal or administrative proceeding. Nothing in this Release shall prevent the Executive from filing, cooperating with, or participating in any proceeding or investigation before the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal government agency, or similar state or local agency (“Government Agencies”), or exercising any rights pursuant to Section 7 of the National Labor Relations Act. The Executive further understands that canthis Release does not limit the Executive’s ability to voluntarily communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be waived conducted by law any Government Agency, including providing documents or other information, without notice to the Company. While this Release does not limit the Executive’s right to receive an award for information provided to the Securities and Exchange Commission, the Executive understands and agrees that the Executive is otherwise waiving, to the fullest extent permitted by law, any and all rights the Executive may have to individual relief based upon any claims arising out of any proceeding or investigation before one or more of the Government Agencies. If any such claim is not subject to release, to the extent permitted by law, the Executive waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which any of the Released Parties is a party. Notwithstanding anything to the contrary set forth herein, this Release does not abrogate the Executive’s existing rights under any Company benefit plan, the Executive Employment Agreement or any plan or agreement related to equity ownership in the Company. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA (“ADEA Waiver”). I also acknowledge that (i) the consideration given for the ADEA Waiver is in addition to anything of value to which I was already entitled; and (ii) that, subject only to Company providing the end of employment / termination benefits described in the first paragraph of this Release, I have been paid for all time worked, has received all the leave, leaves of absence and leave benefits and protections for which I am eligible, and have not suffered any on-the-job injury for which I have not already filed a claim. I affirm that all of the decisions of the Released Parties regarding my pay and benefits through the date of my execution of this Release were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. I affirm that I have not filed or caused to be filed, and am not presently a party to, a claim against any of the Released Parties. I further affirm that I have no known workplace injuries or occupational diseases. I acknowledge and affirm that I have not been retaliated against for reporting any allegation of corporate fraud or other wrongdoing by any of the Released Parties, or for exercising any rights protected by law, including any rights protected by the Fair Labor Standards Act, the Family Medical Leave Act or any related statute or local leave or disability accommodation laws, or any applicable state workers’ compensation law. I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any claims that may arise after the date on which you I sign this Release; (ivb) I should consult with an attorney prior to executing this release; (c) I have twenty-one (21) days within which to consider this release (although I may choose to voluntarily execute this release earlier); (d) I have seven (7) days following the execution of this release to revoke this Release (in a written revocation sent to the Board of Directors of the Company); and (e) this Release will not be effective until the eighth day after I sign this Release, provided that I have not earlier revoked this Release (the “Effective Date”). I will not be entitled to receive any of the benefits specified by this Release unless and until it becomes effective. In granting the release herein, which includes claims that may be unknown to me at present, I acknowledge that I expressly waive and relinquish any and all rights and benefits under any applicable law or statute providing, in substance, that you a general release does not extend to claims which a party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected the terms of such release. The Executive agrees that the Executive will not make any negative or disparaging statements or comments, either as a stockholder fact or as opinion, about the Released Parties or their vendors, products or services, business, technologies, market position or performance. The Company (including its subsidiaries and affiliates) will not make, and agrees to use commercially reasonable efforts to cause the executive officers and board of directors of the Company to refrain from making, any negative or an equity holder of disparaging statements or comments, either as fact or as opinion, about the Executive (or authorizing any member of statements or comments to be reported as being attributed to the Group; Company). Nothing in this paragraph shall prohibit the Executive or (v) the Company from providing truthful information in response to a subpoena or other legal process. In addition, nothing in the Release shall apply to any indemnification legally protected whistleblower rights (including advancement and reimbursement under Rule 21F under the Securities Exchange Act of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance1934).

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, youYou, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge the Company, its direct Company and indirect parents, subsidiaries and affiliatesany other member of the Company Group, and their respective successors current and assignsformer affiliates (including, The Blackstone Group L.P., and its affiliates), together with their respective current and former officers, directors, partners, stockholdersmembers, fiduciaries, counsel, employees, agents, executors, administrators, successors and agents assigns (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknownCompany Parties, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation; provided, however, that you, your heirs, administrators, executors and assigns do not forfeit or release any rights under this Agreement or any legal claims or causes of action arising out of actions allegedly taken by any member of the Company Parties after the date of your execution of this Agreement. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law. (c) You acknowledge The Company, for and agree that on behalf of itself and any other member of the Company Group, and their respective executors, administrators, successors and assigns (collectively, the “Company Releasing Parties”), effective as of the date you execute this Releasehereof, you do fully and forever release, remise and discharge you, your heirs, administrators, executors, successors, assigns, partners, fiduciaries, counsel, employees and agents (collectively, the “Xxxxxxxx Released Parties”) from any and all claims whatsoever up to the date hereof which the Company Releasing Parties had, may have no knowledge had, or now have against the Xxxxxxxx Released Parties, for or by reason of any facts matter, cause or circumstances thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company Group, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation; provided, however, that give rise none of the members of the Company Group forfeit or could give rise release any right to recoup compensation under the La Quinta Holdings Inc. Incentive Compensation Clawback Policy (dated 03/03/2015 8:54 AM), any rights under this Agreement, any claims under for fraud or a willful criminal act by you, or any legal claims or causes of action arising out of actions allegedly taken by you after the laws listed in date of your execution of this Agreement. The parties intend the preceding paragraphrelease contained herein to be a general release of any and all claims to the fullest extent permissible by law. (d) You By executing this Agreement, you specifically release all claims against the Company Parties through the date hereof relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans, subject to paragraphs 2(e) and 2(f) and your other rights under this Agreement. (e) Notwithstanding the foregoing and any other provision of in this Release to the contraryAgreement, by executing nothing in this Release, you are not releasing any claims relating toAgreement shall be a waiver or release of: (i) your rights with respect to this Agreement, its enforcement or breach, or payment of amounts under this Agreement, (ii) your right to benefits due to terminated employees under any employee benefit plan of the Severance Benefits and any other rights under your Change in Control Severance Agreement Company or any other written agreement by and between you and member of the Company that survive Group in which you participated (excluding any severance or similar plan or policy), in accordance with the termination of terms thereof (including your employment; (ii) any rights to accruedelect COBRA coverage), vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and including, without limitation any claims filed with the Equal Employment Opportunity Commission, the U.S. Department of Labor, or claims under the ADEA that may arise after the date on which you sign of this Release; Agreement, or (iv) your right of indemnification (including those under Article VI of the Employment Agreement) as provided by, and in accordance with the terms of, paragraph 1(d) above, the Employment Agreement, the Company’s by-laws or a Company insurance policy providing such coverage. (f) Nothing in this Agreement precludes you from filing, or precludes you from obtaining the benefits offered to you in this Agreement for having filed, an administrative charge of discrimination or an administrative charge within the jurisdiction of either the National Labor Relations Board or the Equal Employment Opportunity Commission (or other similar state or local agency) (“EEOC”). Additionally, nothing in this Agreement prohibits or impedes you from filing a charge or complaint, or communicating, with any rights federal, state or local government or law enforcement office, official or agency (collectively, a “Governmental Entity”) with respect to possible violations of any U.S. federal, state or local law or regulation, or otherwise making disclosures to any such Governmental Entity, in each case, that are protected under the whistleblower provisions of any such law or regulation, provided that (i) in each case, such communications and disclosures are consistent with applicable law, relevant to the possible violations, and (ii) the information subject to such disclosure was not obtained by you through a communication that was subject to the attorney-client privilege, unless such disclosure of that information would otherwise be permitted by an attorney pursuant to 17 CFR 205.3(d)(2), applicable state attorney conduct rules, or otherwise. Notwithstanding the foregoing, you understand that the Company does not authorize the waiver of the attorney-client privilege or work product protection or any other privilege or protection belonging to the Company. With the exception of any of the foregoing claims, complaints or communications described in paragraph 2(e) and this paragraph 2(f), you affirm that you have as not filed or caused to be filed, and presently are not a stockholder party to, any claim, complaint, or action against the Company in any forum or form, nor have you purported to assign any claim or part thereof which is released herein. Other than a benefit or remedy pursuant to Section 922 of the Company Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act or an equity holder any other provision of federal or state law pertaining to whistleblower incentives and protection, you promise never to seek or accept any member damages, remedies, or other relief for yourself personally (any right to which you hereby waive and promise never to seek or accept) with respect to any claim included in this paragraph 2(f), in any proceeding, including but not limited to, any EEOC proceeding. (g) You acknowledge and agree that by virtue of the Group; or (vforegoing, and subject to your rights referenced in paragraphs 2(e) and 2(f) and otherwise in this Agreement, you have waived any indemnification rights relief available to you (including advancement without limitation, monetary damages, equitable relief and reimbursement of legal fees and expensesreinstatement) you may have as a former officer or director under any of the Company claims and/or causes of action waived in this paragraph 2. Therefore, and subject to your rights referenced in paragraphs 2(e) and 2(f) and otherwise in this Agreement, you agree that you will not accept any award or its subsidiaries settlement from any source or affiliates proceeding (including but not limited to any proceeding brought by any other person or coverage under directors and officers liability insuranceby any government agency) with respect to any claim or right waived in this Agreement.

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under the Employment Agreement, dated as of September 15, 2020, to which you and ServiceMaster Global Holdings, Inc. (athe “Company”) As used are parties (the “Employment Agreement”), you hereby waive and release and forever discharge the Company and its respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee including, but not limited to, claims and causes of any matter, cause or thing whatsoever, including any claim action arising out of or attributable in any way related to your employment with or the termination of your employment with separation from the Company, whether to any services performed for tortthe Company, breach of express to any status, term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Company, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which this release of claims becomes irrevocable (the “Start Date”). However, nothing in this Agreement prevents you sign this Release; (iv) from making any rights that you have as a stockholder reports to or receiving any awards from the SEC or OSHA based upon the your reporting of the Company violations of laws or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceregulations containing whistleblower provisions.

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (bi) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)Section 3 above, and other good and valuable consideration, youEmployee, for and on behalf of yourself himself and your his heirs, administrators, executors, and assigns, effective as of the Effective Date, do does fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assignsmembers of the Company Group, together with their respective officers, directors, partners, stockholdersmembers, shareholders, employees, and agents (collectively, the “GroupCompany Released Parties”), from any and all claims whatsoever up to and including the date hereof which you of Employee’s execution of this Agreement that Employee had, may have had, or now have has against any of the Group, whether known or unknownCompany Released Parties, for or by reason of any matter, cause cause, or thing whatsoever, including any claim whatsoever arising out of or attributable to your Employee’s employment or the termination of your Employee’s employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel libel, or slander, or under any United States federal, state state, or local law or regulation dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability disability, or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the following United States statutes: the Age Discrimination in Employment Act (“ADEA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other United States federal, state state, and local laws, the common law law, and any other purported restriction on an employer’s right to terminate the employment of employeesan employee. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law. (cii) You acknowledge Employee acknowledges and agree agrees that as of the date you execute Employee executes this ReleaseAgreement, you have Employee has no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (diii) You By executing this Agreement, Employee specifically release releases all claims relating to your his employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (eiv) Notwithstanding any provision the foregoing, nothing in this Agreement shall be a waiver of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your Employee’s rights with respect to payment of amounts under this Agreement, (ii) Employee’s right to benefits due to terminated employees under any employee benefit plan of the Severance Benefits and any other rights under your Change in Control Severance Agreement Company or any other written agreement by and between you and member of the Company that survive Group in which Employee participated (excluding any severance or similar plan or policy), in accordance with the termination of your employment; terms thereof (ii) any including rights to accruedelect COBRA coverage), vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; non-waivable provisions of applicable law, (iv) any rights that you have of Employee as a stockholder an equityholder of the Company or Parent (so long as Employee continues to be an equity holder of any member equityholder of the Group; Parent) pursuant to the terms of (A) the limited liability company agreement of the Parent, dated as of December 4, 2007, as the same may be amended from time to time (the “LLC Agreement”), (B) the registration rights agreement of Parent, dated as of December 4, 2007, as the same may be amended from time to time (the “Registration Rights Agreement”), or (C) the profit unit grant agreement entered into between Employee and the Parent in respect of the issuance of profit units of the Parent to Employee, as the same may be amended from time to time (the “Profit Unit Grant Agreement”), (v) any rights of Employee to indemnification rights (including advancement and reimbursement from the Parent pursuant to the terms of legal fees and expenses) you may have as a former officer or director Section 11.1 of the Company LLC Agreement, (vi) any rights of Employee pursuant to the terms of any directors’ and officers’ liability insurance policy that the Parent or its subsidiaries any subsidiary thereof may maintain from time to time, or affiliates or coverage under directors and officers liability insurance(vii) Employee’s right to seek judicial relief pursuant to Section 16 hereof for breach of this Agreement.

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under the Employment Agreement, dated as of June 12, 2013, to which you and ServiceMaster Global Holdings, Inc. (athe “Company”) As used are parties (the “Employment Agreement”), you hereby waive and release and forever discharge the Company and its respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee including, but not limited to, claims and causes of any matter, cause or thing whatsoever, including any claim action arising out of or attributable in any way related to your employment with or the termination of your employment with separation from the Company, whether to any services performed for tortthe Company, breach of express to any status, term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Company, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act (“ERISA”), and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which you sign this Release; release of claims becomes irrevocable (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance“Effective Date”).

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)Benefits, and other good and valuable consideration, youExecutive, for and on behalf of yourself himself and your Executive’s heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do does fully and forever release, remise, remise and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assignsany other member of the Company Group, together with their respective current and former officers, directors, partners, stockholdersmembers, employeesshareholders, fiduciaries, counsel, employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you Executive had, may have had, or now have against the Group, whether known or unknownCompany Parties, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your Executive’s employment or the termination of your Executive’s employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, Act and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law. (c) You acknowledge Executive acknowledges and agree agrees that as of the date you execute this Releasehereof, you have Executive has no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraphSection 2(b) above. (d) You By executing this Agreement, Executive specifically release releases all claims relating to your Executive’s employment and its termination of employment under the ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of the foregoing, nothing in this Release to the contrary, by executing this Release, you are not releasing any claims relating toAgreement shall be a waiver of: (i) your Executive’s rights with respect to the Severance Benefits and Benefits, (ii) Executive’s right to benefits due to terminated employees under any other rights under your Change in Control Severance Agreement employee benefit plan of the Company or any other written agreement by and between you and member of the Company Group in which Executive participated (excluding the offer letter, dated December 18, 2015, that survive sets forth the termination terms of your employment; Executive’s employment with the Company and any severance or similar plan or policy), in accordance with the terms thereof (ii) any rights including Executive’s right to accruedelect COBRA coverage), vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and including, without limitation any claims filed with the Equal Employment Opportunity Commission, the U.S. Department of Labor, or claims under the ADEA that may arise after the date on which you sign of this Release; Agreement or (iv) Executive’s right of indemnification as provided by, and in accordance with the terms of, the Company’s by-laws or a Company insurance policy providing such coverage, as any rights of such may be amended from time to time. (f) Executive acknowledges and agrees that you have as a stockholder by virtue of the Company or an equity holder of foregoing, Executive has waived any member relief available to him (including without limitation, monetary damages, equitable relief and reinstatement) under any of the Group; claims and/or causes of action waived in this Section 2. Therefore Executive agrees that Executive will not accept any award or (v) settlement from any indemnification rights source or proceeding (including advancement and reimbursement of legal fees and expensesbut not limited to any proceeding brought by any other person or by any government agency) you may have as a former officer with respect to any claim or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceright waived in this Agreement.

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in In consideration of the Severance Benefits foregoing benefits, subject to Section 10 of this Agreement (Protected Activity), Employee, on behalf of Employee and Employee’s heirs, executors, administrators, successors, assigns and personal representatives, hereby releases and forever discharges the Company (as defined in the Change in Control Severance first paragraph of this Agreement), ) and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company’s long-term disability plans (including any trustees, its direct custodians and indirect parents, subsidiaries administrators engaged in connection with the administration of claims or assets maintained in connection with any such plans) of and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all legal, equitable, and administrative claims whatsoever up to the date hereof which you hadand demands of every name, may have hadtype, act and nature, arising out of or now have against the Group, whether known or unknown, for or existing by reason of any matter, cause known or thing whatsoever, including any claim arising out unknown act or inaction whatsoever and occurring prior to execution of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientationthis Agreement. This release of claims includes, but is not limited to, all claims any claims, charges, complaints, grievances, causes of action (known or unknown), demands, injuries (whether personal, emotional or other), unfair labor practices, or suits arising, directly or indirectly, out of Employee's employment with and/or separation of employment from the Company, and includes, but is not limited to claims, charges, complaints, actions, demands or suits which may be, have, or might have been asserted, whether in contract or in tort, and whether under common law or under federal, state or local statute, regulation or ordinance. Claims, actions and demands released herein include but are not limited to those based on allegations of wrongful discharge, retaliation, personal injury and/or breach of contract; those arising under state or local discrimination, fair employment practices, and/or wage and hour laws; for West Virginia employees, those arising under the West Virginia Human Rights Act; those arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, as amended, the Fair Labor Standards Act, the Age Discrimination in Employment Act of 1967 (“ADEA”), Title VII the Rehabilitation Act of the Civil Rights Act1973, the Americans with With Disabilities ActAct (“ADA”) and Executive Order 11246, (all as amended); those arising under the Civil Uniformed Services Employment and Re-employment Rights Act of 19911994 (“USERRA”), the Family Medical Leave ActWorker Adjustment and Retraining Notification Act (“WARN”), the Labor Management Relations Act (“LMRA”), the National Labor Relations Act (“NLRA”), and the Equal Pay Act, each as may be amended from time to time, Family and all other federal, state Medical Leave Act (“FMLA”); and local those arising under applicable securities laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to . Also released are any claims and demands related to entitlement to long-term disability benefits under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding Company long-term disability plan. Excluded from this Agreement are any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement pending or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accruedas yet unaccrued worker’s compensation/occupational disease claims, vested benefits that you have under the employee benefit and fringe benefit planspension benefits, programs and arrangements of the Group; (iii) any claims that which cannot be waived by law and any claims that may arise after those payments and benefits enumerated in the date on Summary of Benefits from Xxxxxx X. Xxxxxx to Employee, a copy of which you sign this Release; (iv) is attached hereto as Exhibit A. Employee further does not release, discharge or waive any rights to indemnification or other protection that you Employee may have as a stockholder under the By-Laws or Resolutions of the Company, the laws of the States of New York and/or Ohio, any indemnification agreement between Employee and the Company, or any insurance coverage maintained by or on behalf of the Company (including but not limited to Director and Officer insurance), nor will the Company take any action, directly or an equity holder of indirectly, to encumber or adversely affect Employee’s rights under any member such indemnification arrangement or insurance. Further, the release contained in this Section will not affect any rights granted to Employee, or obligations of the Group; or (v) Company, under the terms of this Agreement. Employee is waiving any indemnification rights right to recover any individual relief from the Company (including advancement and reimbursement back pay, front pay, reinstatement or other legal or equitable relief) in any charge, complaint, lawsuit or other proceeding brought by Employee or on Employee's behalf against the Company pertaining to events occurring prior to execution of legal fees and expenses) you this Agreement. Employee further waives any claim Employee may have as a former officer or director of for reemployment with the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceCompany.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)Paragraph 2 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge each member of the Company, its direct and indirect parents, subsidiaries and affiliates, Company Group and their respective successors and assigns, together with their respective officers, directors, partners, stockholdersmembers, employeesstockholders (including any management company of a stockholder), employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the GroupCompany Parties, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the CompanyCompany or any member of the Company Group, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander; any and all claims arising under any policies, practices or procedures of the Company; all claims to any non-vested ownership interest in the Company, contractual or otherwise, including but not limited to claims to stock or stock options; or all claims under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (the “ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, and the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, and the Employee Retirement Income Security Act (excluding claims for accrued, vested benefits under an employee pension benefit plan of the Company Parties), each as may be amended from time to time, any applicable Executive Order Programs and their state and local counterparts, and all other applicable federal, and state and local laws, including, but not limited to, the Illinois Human Rights Act; the Illinois Attorney’s Fees in Wage Actions Act; the Illinois Genetic Information Privacy Act; the Illinois Employment Law, including, but not limited to, the Illinois Wage Payment and Collection Act, the Illinois Equal Wage Act, the Illinois Equal Pay Act of 2003, the Illinois Worker Adjustment and Retraining Notification Act, the Illinois Family Military Leave Act, the Illinois Right to Privacy in the Workplace Act, the Illinois Personnel Record Review Act, and the Illinois School Visitation Rights Act, the Xxxx County Ordinance on Human Rights; the Chicago Earned Sick Time Ordinance (Effective Date: July 1, 2017), all as amended, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. You intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law and for the provisions regarding the release of claims against the Company Parties to be construed as broadly as possible, and hereby incorporate in this release similar federal, state or other laws, all of which you also hereby expressly waive. (c) You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered, but it is your intention to fully and forever release, remise and discharge all claims which you had, may have had, or now have against the Company Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or noncontingent, without regard to the subsequent discovery or existence of such additional or different facts. Without limiting the foregoing, by signing this Agreement, you expressly waive and release any provision of law that purports to limit the scope of a general release. (d) Except for the wages and benefits to be paid to you regardless of whether you sign this Agreement (explained before in Paragraph 2(b)), you agree the Consideration to be paid under Paragraph 2(d) of this Agreement, and any vested pension benefits you may be entitled to receive, the Company does not owe you any other wages, compensation, or benefits of any kind or nature. (e) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph.paragraphs. Further, you have notified the Company of any charge or complaint you have filed with any agency or court that is still pending before such court or agency (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (ef) Notwithstanding any provision of this Release Agreement to the contrary, by executing this ReleaseAgreement, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights payment of amounts under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; this Agreement, (ii) any rights your right to accrued, vested benefits that you have due to terminated employees under the any employee benefit and fringe benefit plans, programs and arrangements plan of the Group; Company or any other member of the Company Group in which you participated (excluding any severance or similar plan or policy), in accordance with the terms thereof (including your right to elect COBRA continuation coverage), (iii) any claims that cannot be waived by law and any claims or that may arise after the date on which you sign execute this Release; Agreement, or (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including your right to indemnification, advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under , and directors and officers liability insurance, as provided by, and in accordance with the terms of, applicable law, the Company’s by-laws or otherwise. (g) You acknowledge and agree that, by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this Paragraph 3. Therefore, you agree that you will not accept any award or settlement from any source or proceeding (including but not limited to any proceeding brought by any other person or by any government agency) with respect to any claim or right waived in this Agreement. (h) You acknowledge and agree that you have not asserted any claim for sexual harassment or sexual abuse by the Company or any of the Company Parties and you are not aware of any facts supporting any such a claim. (i) You acknowledge and agree that as of the date of this Agreement, the Company has provided you with all leave to which you were entitled and you have reported all accidents, injuries or illnesses relating to or arising from your employment with the Company or the Company Group and that you have not suffered any on-the-job injury or illness for which you have not yet filed a claim.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)paragraph 2 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge each member of the Company, its direct and indirect parents, subsidiaries and affiliates, Company Group and their respective successors and assigns, together with their respective officers, directors, partners, stockholdersshareholders, employees, employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the GroupCompany Parties, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law. (c) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You By executing this Agreement, you specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of the foregoing, nothing in this Release to the contrary, by executing this Release, you are not releasing any claims relating toAgreement shall be a waiver of: (i) your rights with respect to payment of amounts under this Agreement, (ii) your right to benefits due to terminated employees under any employee benefit plan of the Severance Benefits and any other rights under your Change in Control Severance Agreement Company or any other written agreement by and between you and member of the Company that survive Group in which you participated (excluding any severance or similar plan or policy), in accordance with the termination of your employment; terms thereof (ii) any including you rights to accruedelect COBRA coverage), vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and including, without limitation any claims filed with the Equal Employment Opportunity Commission, the U.S. Department of Labor, or claims under the ADEA that may arise after the date on which you sign of this ReleaseAgreement; or (iv) your right of indemnification as provided by, and in accordance with the terms of, the Company’s by-laws or a Company insurance policy providing such coverage, as any rights of such may be amended from time to time. (f) You acknowledge and agree that by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this paragraph 2. Therefore you agree that you have as a stockholder of the Company will not accept any award or an equity holder of settlement from any member of the Group; source or (v) any indemnification rights proceeding (including advancement and reimbursement of legal fees and expensesbut not limited to any proceeding brought by any other person or by any government agency) you may have as a former officer with respect to any claim or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceright waived in this Agreement.

Release and Waiver of Claims. (a) The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law. As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)paragraph 1 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, Company together with their respective its current and former officers, directors, partners, stockholdersmembers, employeesshareholders, fiduciaries, counsel, employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknownCompany Parties, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release anything herein to the contrary, by executing nothing in this Release, you are not releasing any claims relating toAgreement shall be a release of waiver of: (i) your right to enforce this Agreement, including any rights with respect to the Severance Benefits payment of amounts and any other rights provision of benefits under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; this Agreement, (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after law; (iii) your right of indemnification by virtue of your service as an officer or Director, whether by agreement, common law, statute or pursuant to the date on which you sign this Release; Company’s Certificate of Incorporation, as amended to date, or (iv) your right to coverage under any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of D&O policies maintained by the Company or its subsidiaries affiliates. (d) You acknowledge and agree that by virtue of the foregoing, you have waived any relief available (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this paragraph 3. Therefore you agree you will not accept any award or affiliates settlement from any source or coverage under directors and officers liability insuranceproceeding (including but not limited to any proceeding brought by any other person or by any government agency) with respect to any claim or right waived in this Agreement.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Article 2 of the Employment Agreement, dated as of November __, 2007, to which this form is attached, I, Kxxxx Xxxxxx, hereby furnish Electric Transportation Engineering Corporation (a) As used in the "Company"), with the following release and waiver of claims (this Release"Release and Waiver"). I hereby release, and forever discharge the term “claims” will include Company, its officers, directors, agents, employees, stockholders, successors, assigns, affiliates, parent, subsidiaries, and benefit plans, of and from any and all claims, covenantsliabilities, warranties, promises, undertakings, actions, suitsdemands, causes of action, obligationscosts, debts, accountsexpenses, attorneys’ ' fees, judgmentsdamages, losses indemnities and liabilities, obligations of whatsoever every kind or and nature, in law, in equity, or otherwise. (b) For , known and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of suspected and unsuspected, disclosed and undisclosed, arising at any mattertime prior to and including my employment termination date with respect to any claims including, cause or thing whatsoeverbut not limited to, including any claim arising out of or attributable those claims relating to your my employment or and the termination of your employment with the Companymy employment; including, whether for tortbut not limited to, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under claims pursuant to any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includesrelating to employment including, but is not limited to, all discrimination claims, claims arising under any local statute governing discrimination, and the Federal Age Discrimination in Employment Act of 1967, as amended (“"ADEA”"), Title VII or claims for wrongful termination, breach of the Civil Rights Actcovenant of good faith, the Americans with Disabilities Actcontract claims, the Civil Rights Act of 1991, the Family Medical Leave Acttort claims, and the Equal Pay Actwage or benefit claims, each as may be amended from time to timeincluding but not limited to, and all other federalclaims for salary, state and local lawsbonuses, the common law and commissions, stock, stock options, vacation pay, fringe benefits, severance pay or any other purported restriction on an employer’s right to terminate the employment form of employees. (c) You compensation. I acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other thingsrights, prohibits discrimination on I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the basis consideration given for this Release and Waiver is in addition to anything of value to which I was already entitled as an employee of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) this Release and Waiver does not relate to claims which may arise after this Release and Waiver is executed; (b) I have the right to consult with an attorney prior to executing this Release and Waiver (although I may choose voluntarily not to do so); and if I am over 40 years of age upon execution of this Release and Waiver: (c) I have 21 days from the date of termination of my employment with the Company in employment which to consider this Release and employee benefit plans. Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); (d) I have seven days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that canWaiver shall not be waived by law and any claims that may arise after effective until the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.seven-day revocation period has expired. Date: __________________ By: Kxxxx Xxxxxx To Whom It May Concern:

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined Consideration described in the Change in Control Severance Agreement)paragraph ‎2 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executorsspouses, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge each member of the Company, its direct and indirect parents, subsidiaries and affiliates, Company Group and their respective successors and assigns, together with their respective current and former officers, directors, partners, stockholdersmembers, employeesstockholders (including any management company of a stockholder), employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the GroupCompany Parties, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company or any member of the Company Group, or your role as a stockholder of the Company, officer, or former member of the Board (including without limitation any claims to advancement or indemnification), whether for tort, breach of express or implied employment contract, breach of fiduciary duty, intentional infliction of emotional distress, retaliation, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation, in each case, whether brought in your individual capacity or derivatively on behalf of the Company or another person. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (the “ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, and the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act (excluding claims for accrued, vested benefits under an employee pension benefit plan of the Company Parties), and any Federal, state or foreign securities laws, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. You intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law and for the provisions regarding the release of claims against the Company Parties to be construed as broadly as possible, and hereby incorporate in this release similar federal, state or other laws, all of which you also hereby expressly waive. (c) You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered, but it is your intention to fully and forever release, remise and discharge all claims which you had, may have had, or now have against the Company Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or noncontingent, without regard to the subsequent discovery or existence of such additional or different facts. Without limiting the foregoing, by signing this Agreement, you expressly waive and release any provision of law that purports to limit the scope of a general release, including any and all rights and benefits under Section 1542 of the Civil Code of the State of California (or any analogous law of any other state, to the extent applicable), which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT 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.” (d) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plansparagraphs. (e) Notwithstanding any provision of this Release Agreement to the contrary, by executing this ReleaseAgreement, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights payment of amounts under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employmentthis Agreement; (ii) any rights your right to accrued, vested benefits that you have due to terminated employees under the any employee benefit and fringe benefit plans, programs and arrangements plan of the GroupCompany or any other member of the Company Group in which you participated (excluding any severance or similar plan or policy), in accordance with the terms thereof (including your right to elect COBRA continuation coverage); (iii) any claims that cannot be waived by law and any claims or that may arise after the date on which you sign execute this ReleaseAgreement; (iv) any rights or claims under the ADEA that may arise after the date that you have as a stockholder of the Company or an equity holder of any member of the Groupexecute this Agreement; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under your right to directors and officers liability insurance, as provided by, and in accordance with the terms of, applicable law and the Company’s governing documents. For the avoidance of doubt, you acknowledge and agree that the release contained in this Agreement includes all claims relating to or arising from the 2022 Grant. (f) You acknowledge and agree that, by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this paragraph ‎3. Therefore you agree that you will not accept any award or settlement from any source or proceeding (including but not limited to any proceeding brought by any other person or by any government agency) with respect to any claim or right waived in this Agreement. (g) You acknowledge and agree that as of the date of this Agreement, you have reported all accidents, injuries or illnesses relating to or arising from your employment with the Company or the Company Group and that you have not suffered any on-the-job injury or illness for which you have not yet filed a claim.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)paragraph 1 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assignsany other member of the Company Group, together with their respective current and former officers, directors, partners, stockholdersmembers, employeesshareholders, fiduciaries, counsel, employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknownCompany Parties, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the CompanyCompany or arising out of or relating to the Offer Letter, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This The parties intend the release contained herein to be a general release of claims includes, but is not limited to, any and all claims arising under to the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employeesfullest extent permissible by law. (c) You acknowledge and agree that as of Notwithstanding the date you execute foregoing, nothing in this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, Agreement shall be a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating towaiver of: (i) your rights with respect to payment of amounts under this Agreement, (ii) your right to benefits due to terminated employees under any employee benefit plan of the Severance Benefits and any other rights under your Change in Control Severance Agreement Company or any other written agreement by and between you and member of the Company that survive Group in which you participated (excluding any severance or similar plan or policy), in accordance with the termination of your employment; terms thereof (ii) any including you rights to accruedelect COBRA coverage), vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and including, without limitation any claims that may arise after filed with the date on which you sign this ReleaseEqual Employment Opportunity Commission, the U.S. Department of Labor; or (iv) your right of indemnification as provided by, and in accordance with the terms of, the Company’s by-laws or a Company insurance policy providing such coverage, as any rights of such may be amended from time to time. (d) You acknowledge and agree that by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this paragraph 3. Therefore you agree that you have as a stockholder of the Company will not accept any award or an equity holder of settlement from any member of the Group; source or (v) any indemnification rights proceeding (including advancement and reimbursement of legal fees and expensesbut not limited to any proceeding brought by any other person or by any government agency) you may have as a former officer with respect to any claim or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceright waived in this Agreement.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, youYou, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge the Company, its direct Company and indirect parents, subsidiaries and affiliatesany other member of the Company Group, and their respective successors current and assignsformer affiliates, together with their respective current and former officers, directors, partners, stockholdersmembers, fiduciaries, counsel, employees, agents, executors, administrators, successors and agents assigns (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknownCompany Parties, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation; provided, however, that you, your heirs, administrators, executors and assigns do not forfeit or release any rights under this Agreement or any legal claims or causes of action arising out of actions allegedly taken by any member of the Company Parties after the date of your execution of this Agreement. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law. (c) You acknowledge and agree that as of the date you execute By executing this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims against the Company Parties through the date hereof relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans, subject to paragraphs 2(d) and 2(e) and your other rights under this Agreement. (ed) Notwithstanding the foregoing and any other provision of in this Release to the contraryAgreement, by executing nothing in this Release, you are not releasing any claims relating toAgreement shall be a waiver or release of: (i) your rights with respect to this Agreement, its enforcement or breach, or payment of amounts under this Agreement, (ii) your right to benefits due to terminated employees under any employee benefit plan of the Severance Benefits and any other rights under your Change in Control Severance Agreement Company or any other written agreement by and between you and member of the Company that survive Group in which you participated (excluding any severance or similar plan or policy), in accordance with the termination of terms thereof (including your employment; (ii) any rights to accruedelect COBRA coverage), vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and including, without limitation any claims filed with the Equal Employment Opportunity Commission, the U.S. Department of Labor, or claims under the ADEA that may arise after the date on which you sign of this Release; Agreement, or (iv) your right of indemnification as provided by, and in accordance with the terms of, the Company’s by-laws or a Company insurance policy providing such coverage. (e) Nothing in this Agreement precludes you from filing, or precludes you from obtaining the benefits offered to you in this Agreement for having filed, an administrative charge of discrimination or an administrative charge within the jurisdiction of either the National Labor Relations Board or the Equal Employment Opportunity Commission (or other similar state or local agency) (“EEOC”). Additionally, nothing in this Agreement prohibits or impedes you from filing a charge or complaint, or communicating, with any rights federal, state or local government or law enforcement office, official or agency (collectively, a “Governmental Entity”) with respect to possible violations of any U.S. federal, state or local law or regulation, or otherwise making disclosures to any such Governmental Entity, in each case, that are protected under the whistleblower provisions of any such law or regulation; provided that (i) in each case, such communications and disclosures are consistent with applicable law, relevant to the possible violations, and (ii) the information subject to such disclosure was not obtained by you through a communication that was subject to the attorney-client privilege, unless such disclosure of that information would otherwise be permitted by an attorney pursuant to 17 CFR 205.3(d)(2), applicable state attorney conduct rules, or otherwise. You are not required to give prior notice to (or get prior authorization from) the Company regarding any such protected communication or disclosure. Notwithstanding the foregoing, you understand that the Company does not authorize the waiver of the attorney-client privilege or work product protection or any other privilege or protection belonging to the Company. With the exception of any of the foregoing claims, complaints or communications described in paragraph 2(d) and this paragraph 2(e), you affirm that you have as neither filed or caused to be filed, and presently are not a stockholder party to, any claim, complaint, or action against the Company in any forum or form, nor have you purported to assign any claim or part thereof which is released herein. Other than a benefit or remedy pursuant to Section 922 of the Company Dxxx-Fxxxx Xxxx Street Reform and Consumer Protection Act or an equity holder any other provision of federal or state law pertaining to whistleblower incentives and protection, you promise never to seek or accept any member damages, remedies, or other relief for yourself personally (any right to which you hereby waive and promise never to seek or accept) with respect to any claim included in this paragraph 2(e), in any proceeding, including but not limited to, any EEOC proceeding. (f) You acknowledge and agree that by virtue of the Group; or (vforegoing, and subject to your rights referenced in paragraphs 2(d) and 2(e) and otherwise in this Agreement, you have waived any indemnification rights relief available to you (including advancement without limitation, monetary damages, equitable relief and reimbursement of legal fees and expensesreinstatement) you may have as a former officer or director under any of the Company claims and/or causes of action waived in this paragraph 2. Therefore, and subject to your rights referenced in paragraphs 2(d) and 2(e) and otherwise in this Agreement, you agree that you will not accept any award or its subsidiaries settlement from any source or affiliates proceeding (including but not limited to any proceeding brought by any other person or coverage under directors and officers liability insuranceby any government agency) with respect to any claim or right waived in this Agreement.

Release and Waiver of Claims. (a) As used in this Releaseof the Effective Date set forth below, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)payments, benefits, and other good considerations provided to the Executive under the Employment Agreement and valuable considerationas set forth below, youthe Executive, for the Executive and on behalf of yourself and your the Executive’s family, heirs, executors, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliateslegal representatives, and their respective successors and assignsassigns (the “Related Parties”), together with hereby releases and forever discharges the Company, and all of its parents, affiliates, subsidiaries, divisions and joint ventures, and their respective officers, directors, partnersexecutives, agents, parents, stockholders, employeesrepresentatives, benefit plans and agents their successors and assigns (collectively, the “GroupCompany Entities”), from all rights, claims, demands, suits, causes of action of any kind or nature whatsoever, known or unknown, foreseen or unforeseen, in law or in equity the Executive ever had, has or may have or which the Related Parties may have, arising at any time on or before the Effective Date hereof, based on or arising out of the Executive’s dealings with any Company Entity, with respect to any claims relating to or arising out of the Executive’s employment with any Company Entity or the termination of that employment, including without limitation any claims under the Employment Agreement, or based on any services provided to any Company Entity by the Executive pursuant to an employment relationship with any Company Entity. This includes a release of any and all rights, claims whatsoever up to or demands the date hereof which you had, Executive may have had, or now have against the Grouphave, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”’’), which prohibits age discrimination in employment; Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 19911964, the Family Medical Leave Actwhich prohibits discrimination in employment based on race, and color, national origin, religion or sex; the Equal Pay Act, each as may be amended from time to time, which prohibits paying men and all women unequal pay for equal work; or under any other federal, state and or local lawslaws or regulations regarding employment discrimination or termination of employment. This also includes a release by the Executive of any claims for wrongful discharge or discrimination under any statute, rule, regulation or under the common law, including, without limitation, the common law Xxxxxxxx-Xxxxx Act. This release is intended to be a general release and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any excludes only those claims under any of statute or common law that Executive is legally barred from releasing. Executive understands that the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are does not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you include and the Company that survive the termination of your employment; (ii) parties hereto expressly reserve: any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims claim that cannot be released or waived by law as a matter of law; any claim for or right to vested benefits under Company’s plans and equity arrangements, including but not limited to any pension or retirement account benefits; any right to enforce any term of this Agreement and any surviving provisions of the Employment Agreement; any claims that may arise based on acts or events occurring after Executive signs this Agreement, except for claims arising from Executive’s employment or termination of employment with Company, up to and through the date on which you sign Executive signs this ReleaseAgreement; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any claims with respect to indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors directors’ and officers officers’ liability insurance; any challenge to the validity of the Agreement; or any prohibition on the filing of a charge or complaint with, or testimony, assistance or participation in, any investigation, proceeding or hearing conducted by any federal, state or local governmental agency, including but not limited to the EEOC. The Company, on behalf of itself and its affiliates, hereby releases Executive with respect to any claims arising through the date the Company executes this Agreement relating to or arising out of the Executive’s employment with any Company Entity or the termination of that employment, other than claims based upon criminal or fraudulent conduct, willful misconduct, or claims not covered by the Company’s Directors and Officers Liability Insurance not known to the Company’s board of directors or general counsel.

Release and Waiver of Claims. (a) As used in this ReleaseIn exchange for the consideration described I Sections 2, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)3, and other good and valuable consideration4 above, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do Employee hereby fully and forever releaseunconditionally releases and discharges Employer, remiseall of its past and present parent, subsidiary, affiliated and discharge the Companyrelated corporations, its direct and indirect parentspartnerships or companies, subsidiaries and affiliatestheir predecessors, and their respective successors and assigns, together with their respective divisions and departments, and all past or present owners, officers, directors, partners, stockholders, employees, insurers, attorneys and agents of any of them, (collectively, the hereinafter referred to collectively as “GroupReleasees”), and Employee covenants not to sue or assert against Releasees, for any purpose, any or all claims, demands, actions and causes of action, of every kind and nature whatsoever, whether at law or in equity, both negligent and intentional, arising from or in any and all claims whatsoever up way related to Employee’s employment by Employer, based in whole or in part upon any act or omission, occurring on or before the date hereof of this Agreement is signed by Employee, without regard to Employee’s present actual knowledge of the act or omission, which you had, Employee may have hadnow have, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slanderwhich Employee, or under any federal, state person acting on Employee’s behalf may at any future time have or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientationclaim to have. This general release of claims includes, but is not limited to, all claims which may arise at common law or under federal, state or local laws, including but not limited to, claims arising under the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974 (other than claims for vested benefits), Title VII of the Civil Rights Act of 1964 (regarding claims of discrimination based upon race, color, national origin, religion and sex discrimination, including sexual harassment, pregnancy, sexual orientation and gender identity), the Civil Rights act of 1991, the Vietnam Era Veterans Readjustment Assistance Act, the Uniformed Services Employment and Re-employment Rights Act, the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights ActOlder Workers Benefit Protection Act (“OWBPA”), the Americans with Disabilities Act, the Civil Rights Act of 1991Equal Pay Act, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Utah Antidiscrimination Act, the Utah Right to Work Law, the Hawaii Discriminatory Practices law, the Hawaii Civil Rights Act, the Hawaii Prepaid Healthcare Act, and the Equal Pay Hawaii Whistleblowers’ Protection Act. This general release also includes claims for breach of express or implied contract, each as may be amended from time to timeclaims for violation of public policy, and all claims arising under tort or other common or statutory law theories, including but not limited to, retaliation, tortious conduct, negligence, intentional infliction of emotional distress, breach of the implied covenant of good faith and fair dealing, wrongful termination, unjust dismissal, promissory estoppel, defamation (libel or slander), invasion of privacy and fraud (unrelated to the offering of this Agreement), and claims arising under any other federal, state and or local civil rights, employment or labor laws. Notwithstanding the foregoing, the common law and Employee is not waiving any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you rights Employee may have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to Employee’s own vested or accrued employee benefits under Employer’s qualified retirement benefit plans or under the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employmentAward Agreements; (ii) any rights benefits and/or the right to accrued, vested seek benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Groupapplicable workers’ compensation and/or unemployment compensation statutes; (iii) any pursue claims that which by law cannot be waived by law and any signing this Agreement; (iv) pursue claims that may arise after the date on which you sign Employee signs this ReleaseAgreement; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or and (v) enforce this Agreement. If any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as claim is not subject to release, to the extent permitted by law, Employee waives any right or ability to be a former officer class or director of the Company collective action representative or its subsidiaries to otherwise participate in any putative or affiliates certified class, collective or coverage under directors and officers liability insurancemulti-party action or proceeding based on such a claim in which Employer or any other Releasee identified in this Agreement is a party.

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in In consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)payments, benefits, and other good consideration to be provided to Executive under Section 3.01(d) of the Severance Agreement, in accordance with Schedule A attached hereto and valuable considerationincorporated by reference herein, youwhich payments, benefits and other consideration will be effective on and after the Separation Date, Executive, for the Executive and on behalf of yourself and your Executive’s family, heirs, executors, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliateslegal representatives, and their respective successors and assignsassigns (the “Related Parties”), together with hereby releases and forever discharges the Company, and all of its parents (including but not limited to PQ Group Holdings, Inc.), affiliates, subsidiaries, divisions and joint ventures, and their respective officers, directors, partnersemployees, agents, parents, stockholders, employeesrepresentatives, employee benefit plans and agents their successors and assigns (collectively, the “GroupCompany Entity” or “Company Entities”), from all rights, claims, demands, suits, causes of action of any kind or nature whatsoever, known or unknown, in law or in equity the Executive ever had, has or may have or which the Related Parties may have, arising at any time on or before the date hereof, based on or arising out of the Executive’s dealings with any Company Entity, including but not limited to any claims arising out of the Executive’s employment with any Company Entity or the decision to terminate that employment on the Separation Date, including without limitation any claims under the Severance Agreement, or based on any services provided to any Company Entity by the Executive other than pursuant to an employment relationship with any Company Entity. This includes a release of any and all rights, claims whatsoever up to or demands the date hereof which you had, Executive may have had, or now have against the Grouphave, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), which prohibits age discrimination in employment; Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 19911964, the Family Medical Leave Actwhich prohibits discrimination in employment based on race, and color, national origin, religion or sex; the Equal Pay Act, each as may be amended from time to time, which prohibits paying men and all women unequal pay for equal work; or under any other federal, state and or local lawslaws or regulations regarding employment discrimination or termination of employment. This also includes a release by the Executive of any claims for wrongful discharge or discrimination under any statute, rule, regulation or under the common law, including, without limitation, the common law and any other purported restriction on an employer’s right to terminate the employment of employeesXxxxxxxx-Xxxxx Act. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. Employee, on behalf of himself or herself and his or her family, heirs, executors, administrators, legal representatives and assigns (a) As used collectively referred to in this ReleaseRelease as "Employee"), hereby unconditionally and forever releases, discharges and waives any and all claims of any nature whatsoever, whether legal, equitable or otherwise, which Employee may have against the term “claims” will include Companies, their subsidiaries and affiliates (including, without limitation, their direct and indirect parent companies) and their employees, officers, directors, stockholders, representatives and agents, and any person or entity which may succeed to the rights and liabilities of any such entities or persons by assignment or otherwise (collectively referred to in this Release as the "Companies"), arising as a result of events occurring at any time on or before the date of termination of Employee's employment with the Companies (the "Termination Date"), other than claims made with respect to any payments due to Employee pursuant to Section 6(a) of the Retention Agreement. This Release is a release of all claims of any nature whatsoever by Employee against the Companies, other than with respect to any payments due to Employee pursuant to Section 6(a) of the Retention Agreement or any other severance plan or policy in which the Employee participates, and includes, other than as herein provided, any and all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgmentsdamages, losses and or liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoeverboth at law and in equity, including any claim those caused by, arising out of from or attributable related to your Employee's employment or the termination of your employment relationship with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slanderCompanies, or under separation or severance from employment, including, without limitation, any federal, state and all alleged discrimination or local law dealing with acts of discrimination which occurred or may have occurred on or before the Termination Date based on age, upon race, color, sex, creed, national origin, handicap, religionage, disability or sexual orientation. This release any other violation of claims includesany Equal Employment Opportunity Law, ordinance, rule, regulation or order, including, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act, as amended (as further described in Section 2 below); the Americans with Disabilities Act; claims under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"); the Family and Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all Act of 1993 ("FMLA"); state workers' compensation laws; or any other federal, state and or local lawslaws or regulations regarding employment discrimination, employment or termination of employment. This includes claims for wrongful discharge, fraud, or misrepresentation under any statute, rule, regulation or under the common law law. Employee understands and knowingly agrees to this Release because it is his or her intent in executing this Release to forever discharge the Companies from any other purported restriction and all causes of action, foreseen or unforeseen, that may have existed on an employer’s right or prior to terminate the employment of employees. (cTermination Date, except for any payments due to Employee pursuant to Section 6(a) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed Retention Agreement. Notwithstanding anything in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this ReleaseEmployee will retain the right, you are not releasing any claims relating to: (i) your rights with respect after the Termination Date, to be indemnified from liability to the Severance Benefits extent required by the Companies' Charter and any other rights under your Change By-Laws and applicable law for authorized actions taken in Control Severance Agreement good faith as an employee, officer and/or director, of the Companies, as the case may be. Notwithstanding the foregoing, Employee does not release, discharge or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) waive any rights to accruedreceive any wages due and owing, vested any benefits that you have under in accordance with the provisions of any Company employee benefit and fringe benefit plansplan in which Employee participates, programs and arrangements of reimbursement for Company-related business expenses incurred by Employee on or prior to the Group; (iii) any claims that cannot be waived by law Termination Date and any claims that may arise after the date on conversion rights under a Company-sponsored group term life insurance plan in which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceEmployee participates.

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, effective as of November 16, 2018 to which you, NCI Building Systems, Inc., and NCI Group, Inc. (athe “Companies”) As used are parties (the “Agreement”), you hereby waive and release and forever discharge each of the Companies and their respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason of unsuspected, whether or not mature or ripe, that you ever had and now have against any matter, cause or thing whatsoever, including any claim Releasee arising out of or attributable in any way related to your employment with or separation from the termination of your employment with Companies, to any services performed for the CompanyCompanies, whether for tortto any status, breach of express term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Companies, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which you sign this Release; (iv) any rights that you have as a stockholder release of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceclaims becomes irrevocable.

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, youThe Executive, for himself and on behalf of yourself and your his agents, representative, heirs, administrators, executors, beneficiaries and assigns, effective as of to the Effective Dategreatest extent permitted by law, do fully knowingly and voluntarily releases and forever release, remise, and discharge discharges the Company, its direct and indirect parents, subsidiaries and affiliatesthe Bank, and their respective successors and assignsdirectors, together with their respective officers, directors, partners, stockholders, employees, agents and agents (collectively, the “Group”)representatives, from any and all claims whatsoever up claims, demands, rights, actions or causes of action, liabilities, damages, costs, expenses, losses, obligations, indemnities, judgments, suits, matters and issues of any kind or nature whatsoever, including both known and unknown claims, contingent or absolute, suspected or unsuspected, disclosed or undisclosed, matured or unmatured, of any nature whatsoever, whether individual, class, direct, derivative, representative or otherwise, that have been, could have been or in the future could be asserted against the Company or the Bank at any time prior to the date hereof which you hadof execution of this Agreement, including but not limited to a release of any rights or claims he may have hadunder: (i) the Americans with Disabilities Act ("ADA"), or now have against which prohibits discrimination on the Group, whether known or unknown, for or by reason basis of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under disability; (ii) the Age Discrimination in Employment Act (“"ADEA”''), which prohibits age discrimination in employment; (iii) the Older Worker's Benefit Protection Act; (iv) Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 19911964, as amended, which prohibits retaliation and discrimination in employment based on race, color, national origin, religion, or sex; (v) the Family and Medical Leave Act; (vi) the Employment Retirement Income Security Act of 1974 ("ERISA"), and as amended; (vii) the Equal Pay Act, each as may be amended from time to time, and all New York Human Rights Law ("NYHRL"); (viii) the New York Executive Law; (ix) the New York Labor Law; (x) any other federal, state and or local lawslaw or regulation prohibiting employment discrimination; (xi) claims for wrongful discharge, the whether based on claimed violations of statute or based on claims in contract or tort, common law and or equity; (xii) claims for breach of contract (including claims for breach of the Employment Agreement); (xiii) claims for failure to pay wages due or other moneys owed (including claims for unpaid vacation pay or unpaid severance pay); (xiv) claims of fraud, misrepresentation, defamation, interference with prospective economic advantage; (xv) claims of intentional or negligent infliction of emotional distress; and (xvi) claimed violations of any other purported restriction federal, state, civil or human rights law, or any other alleged violation of any local, state or federal law, regulation or ordinance, and/or public policy, contract, tort, or common law having any bearing whatsoever on an employer’s right to terminate the terms and conditions and/or cessation of employment of employees. (c) You acknowledge and agree that with the Company or the Bank, including but not limited to, any allegations for costs, fees or other expenses, including attorneys' fees, incurred in these matters which he ever had, now has, or may have as of the date you execute of this Releaserelease other than the right to enforce this Agreement, you have including the rights of indemnification and contribution, advancement of expenses and similar matters set forth in Section 4(b) and otherwise provided in this Agreement. This release and waiver of claims is intended to be as broad as allowable under the law. Except as provided below, the Executive, for himself and his agents, representatives, heirs, beneficiaries and assigns, promises never to file a suit, charge, complaint, demand, action, or otherwise assert any claims against the Company or the Bank and their respective directors, officers, agents, representatives and insurers, arising from his employment with the Company or the Bank or separation therefrom, including, but not limited to the claims reference above in Section 4 of this Agreement, and the Executive represents that no knowledge such claim or demand presently is pending, and that if any action does exist or is hereafter brought, that he expressly waives any claim to any form of relief or recovery and agrees to reimburse the Company for all payments provided hereunder, as well as the reasonable costs and attorneys' fees incurred in defending such action. The Executive represents and warrants that he has not assigned or transferred any portion of the claims released herein to any other individual, firm, corporation or other entity, and that no other individual, firm, corporation or other entity has any lien, claim or interest in any of such claims. The Executive will indemnify the Company, defend and hold it harmless and against any claim arising out of, related to or connected with any such prior assignment or transfer, or any such purported assignment or transfer, or any claim or other matters released or assigned herein. The Executive understands that nothing in this Agreement shall be construed to prohibit him from participating in any investigation or proceeding of any facts federal or circumstances that give rise state agency, including the Equal Employment Opportunity Commission ("EEOC") and/or from communicating with EEOC, but only to the extent such right is protected under the law, provided, however, to the extent any such proceeding has been or could give rise is brought, the Executive waives any claim to any claims under form of monetary or other damages or any other form of recovery or relief in connection with any such action, or in connection with any action brought by a third party. If the Executive elects to challenge the age claim release in this Agreement as being inconsistent with the Older Workers Benefit Protection Act ("OWBPA"), he does not first have to return any of the laws listed in payments received under this Agreement. The foregoing waiver does not include any claim for enforcement of this Agreement or any rights to contribution, indemnification, advancement of expenses as provided by the preceding paragraphCompany's certificate of incorporation and bylaws or as provided under applicable law. (db) You specifically The Company and the Bank, for themselves and their respective direct and indirect subsidiaries, directors, executive officers, successors and assigns, to the greatest extent permitted by law, hereby release the Executive, from any and all claims relating claims, demands rights, actions or causes of action, liabilities, damages, costs, expenses, losses, obligations, indemnities, judgments, suits, matters and issues of any kind or nature whatsoever, including both known and unknown claims, contingent or absolute, suspected or unsuspected, disclosed or undisclosed, matured or unmatured, of any nature whatsoever, whether individual, class, direct, derivative, representative or otherwise, that have been, could have been or in the future could be asserted by them against the Executive, his heirs, personal representative or assigns, at any time prior to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis date of age in employment and employee benefit plans. (e) Notwithstanding any provision execution of this Release Agreement, provided that such release does not include any claim for enforcement of this Agreement. The Company and the Bank, for themselves and their direct and indirect subsidiaries, directors, officers, successors and assigns, promise never to the contraryfile a suit, by executing this Releasecharge, you are not releasing complaint, demand, action, or otherwise assert any claims relating to: (i) your rights with respect to against the Severance Benefits and any other rights Executive which would be protected under your Change the release contained in Control Severance Agreement or any other written agreement by and between you this subparagraph, and the Company and the Bank represent that survive the termination of your employment; (ii) no such claim or demand is presently pending, and that if any rights to accruedaction does exist or is hereafter brought, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company and the Bank expressly waive any claim to any form of relief or an equity holder of any member of recovery and agree to reimburse the Group; or (v) any indemnification rights (including advancement Executive for the reasonable costs and reimbursement of legal attorneys' fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceincurred in defending such action.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)paragraph 2 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge each member of the Company, its direct and indirect parents, subsidiaries and affiliates, Company Group and their respective successors and assigns, together with their respective officers, directors, partners, stockholdersmembers, employeesstockholders (including any management company of a stockholder), employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the GroupCompany Parties, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the CompanyCompany or any member of the Company Group, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (the “ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, and the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, and the Employee Retirement Income Security Act (excluding claims for accrued, vested benefits under an employee pension benefit plan of the Company Parties), each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. You intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law and for the provisions regarding the release of claims against the Company Parties to be construed as broadly as possible, and hereby incorporate in this release similar federal, state or other laws, all of which you also hereby expressly waive. (c) You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered, but it is your intention to fully and forever release, remise and discharge all claims which you had, may have had, or now have against the Company Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or noncontingent, without regard to the subsequent discovery or existence of such additional or different facts. Without limiting the foregoing, by signing this Agreement, you expressly waive and release any provision of law that purports to limit the scope of a general release. (d) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plansparagraphs. (e) Notwithstanding any provision of this Release Agreement to the contrary, by executing this ReleaseAgreement, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights payment of amounts under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; this Agreement, (ii) any rights your right to accrued, vested benefits that due to terminated employees under any employee benefit plan of the Company or any other member of the Company Group in which you have participated (excluding any severance or similar plan or policy), in accordance with the terms thereof (including your right to elect continued coverage under the employee benefit and fringe benefit plansConsolidated Omnibus Budget Reconciliation Act of 1985), programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims or that may arise after the date on which you sign execute this ReleaseAgreement; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including your right to indemnification, advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under , and directors and officers liability insurance, as provided by, and in accordance with the terms of, applicable law, the Company’s by-laws or otherwise; (v) any rights or claims under the ADEA that may arise after the date that you execute this Agreement; (vi) your rights as a stockholder of the Company; or (vii) any rights or claims arising out of facts, events, or matters occurring after the date that you execute this Agreement. (f) You acknowledge and agree that, by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this paragraph 3. Therefore, you agree that you will not accept any award or settlement from any source or proceeding (including but not limited to any proceeding brought by any other person or by any government agency) with respect to any claim or right waived in this Agreement. (g) You acknowledge and agree that as of the date of this Agreement, you have reported all accidents, injuries or illnesses relating to or arising from your employment with the Company or the Company Group and that you have not suffered any on-the-job injury or illness for which you have not yet filed a claim. (h) As of the date this Agreement is executed by the Company, the Company hereby represents and warrants that no member of Board nor any member of the Company’s management team (including each of the Company’s Chief Executive Officer, Chief Financial Officer, General Counsel and other executive officers) is aware of any claims that the Company Group has against you or any facts or circumstances that could reasonably be expected to give rise to any such claims.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, youYou, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge the Company, its direct Company and indirect parents, subsidiaries and affiliatesany other member of the Company Group, and their respective successors current and assignsformer affiliates, together with their respective current and former officers, directors, partners, stockholdersmembers, fiduciaries, counsel, employees, agents, executors, administrators, successors and agents assigns (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknownCompany Parties, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation; provided, however, that you, your heirs, administrators, executors and assigns do not forfeit or release any rights under this Agreement or any legal claims or causes of action arising out of actions allegedly taken by any member of the Company Parties after the date of your execution of this Agreement. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law. (c) You acknowledge and agree that as of the date you execute By executing this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims against the Company Parties through the date hereof relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans, subject to paragraphs 2(d) and 2(e) and your other rights under this Agreement. (ed) Notwithstanding the foregoing and any other provision of in this Release to the contraryAgreement, by executing nothing in this Release, you are not releasing any claims relating toAgreement shall be a waiver or release of: (i) your rights with respect to this Agreement, its enforcement or breach, or payment of amounts under this Agreement, (ii) your right to benefits due to terminated employees under any employee benefit plan of the Severance Benefits and any other rights under your Change in Control Severance Agreement Company or any other written agreement by and between you and member of the Company that survive Group in which you participated (excluding any severance or similar plan or policy), in accordance with the termination of terms thereof (including your employment; (ii) any rights to accruedelect COBRA coverage), vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and including, without limitation any claims filed with the Equal Employment Opportunity Commission, the U.S. Department of Labor, or claims under the ADEA that may arise after the date on which you sign of this Release; Agreement, or (iv) your right of indemnification as provided by, and in accordance with the terms of, paragraph 1(d) above, the Company’s by-laws or a Company insurance policy providing such coverage. (e) Nothing in this Agreement precludes you from filing, or precludes you from obtaining the benefits offered to you in this Agreement for having filed, an administrative charge of discrimination or an administrative charge within the jurisdiction of either the National Labor Relations Board or the Equal Employment Opportunity Commission (or other similar state or local agency) (“EEOC”). Additionally, nothing in this Agreement prohibits or impedes you from filing a charge or complaint, or communicating, with any rights federal, state or local government or law enforcement office, official or agency (collectively, a “Governmental Entity”) with respect to possible violations of any U.S. federal, state or local law or regulation, or otherwise making disclosures to any such Governmental Entity, in each case, that are protected under the whistleblower provisions of any such law or regulation; provided that (i) in each case, such communications and disclosures are consistent with applicable law, relevant to the possible violations, and (ii) the information subject to such disclosure was not obtained by you through a communication that was subject to the attorney-client privilege, unless such disclosure of that information would otherwise be permitted by an attorney pursuant to 17 CFR 205.3(d)(2), applicable state attorney conduct rules, or otherwise. Notwithstanding the foregoing, you understand that the Company does not authorize the waiver of the attorney-client privilege or work product protection or any other privilege or protection belonging to the Company. With the exception of any of the foregoing claims, complaints or communications described in paragraph 2(d) and this paragraph 2(e), you affirm that you have as neither filed or caused to be filed, and presently are not a stockholder party to, any claim, complaint, or action against the Company in any forum or form, nor have you purported to assign any claim or part thereof which is released herein. Other than a benefit or remedy pursuant to Section 922 of the Company Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act or an equity holder any other provision of federal or state law pertaining to whistleblower incentives and protection, you promise never to seek or accept any member damages, remedies, or other relief for yourself personally (any right to which you hereby waive and promise never to seek or accept) with respect to any claim included in this paragraph 2(e), in any proceeding, including but not limited to, any EEOC proceeding. (f) You acknowledge and agree that by virtue of the Group; or (vforegoing, and subject to your rights referenced in paragraphs 2(d) and 2(e) and otherwise in this Agreement, you have waived any indemnification rights relief available to you (including advancement without limitation, monetary damages, equitable relief and reimbursement of legal fees and expensesreinstatement) you may have as a former officer or director under any of the Company claims and/or causes of action waived in this paragraph 3. Therefore, and subject to your rights referenced in paragraphs 2(d) and 2(e) and otherwise in this Agreement, you agree that you will not accept any award or its subsidiaries settlement from any source or affiliates proceeding (including but not limited to any proceeding brought by any other person or coverage under directors and officers liability insuranceby any government agency) with respect to any claim or right waived in this Agreement.

Release and Waiver of Claims. (a) As used in this ReleaseSubject to your compliance with the terms herein, you signing and returning an executed copy of the Agreement to the Company, and the Revocation Period expiring without any revocation or rescission by you, Health Catalyst will pay you, as a severance payment, $237,000.00 (the “Cash Consideration”) and will accelerate the vesting of 17,272 Restricted Stock Units of the Company that would otherwise be unvested on the Separation Date (the “Equity Acceleration” and, together with the Cash Consideration, the term “claims” Consideration”). The Cash Consideration will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes be paid to you in one lump sum and the Equity Acceleration will occur within thirty (30) calendar days after you sign and return an executed copy of action, obligations, debts, accounts, attorneys’ fees, judgments, losses the Agreement to the Company and liabilities, of whatsoever kind or naturethe Revocation Period expires without any revocation by you, in laweach case less applicable deductions and withholdings for state and federal taxes. If you are currently enrolled in a Health Catalyst medical plan and if you actively elect medical, dental and/or vision COBRA coverage via the COBRA enrollment form, Health Catalyst will fully subsidize your medical, dental and/or vision COBRA premium for up to the first (9) full calendar month(s) following the termination of enrollment in equity, or otherwiseyour Health Catalyst medical plan. You acknowledge that the Consideration represents monies and equity that are not earned wages and to which you would not be entitled but for this Agreement. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)Consideration, and for other good and valuable considerationconsideration set forth herein, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Date, do fully and forever release, remiseremise and discharge Health Catalyst and each member of the Company Group, and discharge the Company, its each of their direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective former and current officers, directors, partners, stockholdersshareholders, members, managers, owners, employees, attorneys, and agents (collectively, the “GroupCompany Parties”), from any and all claims whatsoever up to the date hereof Effective Date which you had, may have had, or now have against the Group, whether known or unknownCompany Parties, for or by reason of any matter, cause or thing whatsoever, including without limitation any claim arising out of or attributable to your employment Employment or the termination of your employment Employment with Health Catalyst or any member of the Company, Company Group whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, failure to hire, re-hire, or contract with as an independent contractor, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Civil Rights Act (“ADEA”)of 1866, Title VII of 42 U.S.C. § 1981 et seq.; the Civil Rights ActAct of 1964, 42 U.S.C. § 2000 et seq.; the Civil Rights Act of 1991; the Rehabilitation Act of 1973, 29 U.S.C. § 701 et seq.; the Americans with Disabilities Act, the Civil Rights Act of 1991, 42 U.S.C. § 1201 et seq.; the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; the National Labor Relations Act, 29 U.S.C. § 151 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, 38 U.S.C. § 4212 et seq.; the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001 et seq., the Occupational Safety and Health Act, 29 U.S.C. § 651 et seq.; the Worker Adjustment and Retraining Notification Act, 29 U.S.C. § 2101 et seq.; the Fair Credit Reporting Act, 15 U.S.C. §1681 et seq.; the Age Discrimination in Employment Act of 1967, 29 U.S.C. § 621 et seq.; the Equal Pay Act of 1963, 29 U.S.C. §206 et seq.; the Utah Antidiscrimination Act, Utah Code Xxx. § 34A-5-1060 et seq.; the Utah Payment of Wages Act, Utah Code Xxx. § 34-28-1 et seq.; the Utah Minimum Wage Act, Utah Code Xxx. § 00-00-000 et seq.; the Utah Labor Rules; the Wisconsin Fair Employment Practices Act, Wis. Stat. § 111.31 et seq.; any other federal, state, or local human or civil rights, wage-hour, anti-discrimination, pension or labor law, rule and/or regulation, each as may be amended from time to time, and ; all other federal, state and local laws, statutes, and ordinances; the common law law; and any other purported restriction on an employer’s right to terminate the employment of employees. As used in this Agreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, equity or otherwise. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permitted by applicable law. (c) You acknowledge and agree that as of the date you execute this Release, Effective Date you have no knowledge of any facts or circumstances that give rise to or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, Nothing contained in this Section 2 shall be a United States federal statute that, among other things, prohibits discrimination on the basis waiver of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and law. (e) Without limiting the scope of the release herein, the release also includes, without limitation, any claims that may arise after the date on which you sign this Release; (iv) or potential claims against any rights that you have as a stockholder of the Company Group for wages, earned vacation, paid time off, bonuses, expenses, severance pay, and benefits earned through the date of the execution of this Agreement. Such amounts are not consideration for this Agreement. (f) You understand that nothing contained in this Agreement, including, but not limited to, this Section 2, will be interpreted to prevent you from engaging in Protected Activity as set forth in Section 6. However, you agree that you are waiving the right to monetary damages or an equity holder other individual legal or equitable relief awarded as a result of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurancesuch proceeding.

Release and Waiver of Claims. (a) As used in this ReleaseA. In exchange for the consideration referenced above, the term “claims” will include all claimsyou hereby completely, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)irrevocably, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully unconditionally releases and forever release, remise, and discharge discharges the Company, and any of its direct predecessor or affiliated companies, and indirect parentseach and all of their officers, subsidiaries and affiliatesagents, directors, supervisors, employees, representatives, and their respective successors and assigns, together and all persons acting by, through, under, for, or in concert with them, or any of them, in any and all of their respective officers, directors, partners, stockholders, employees, and agents capacities (hereinafter individually or collectively, the “GroupReleased Parties”), from any and all claims whatsoever up to the date hereof which you hadcharges, may have hadcomplaints, claims, and liabilities of any kind or now have against the Groupnature whatsoever, whether known or unknown, for suspected or unsuspected (hereinafter referred to as “claim” or “claims”) which you at any time heretofore had or claimed to have or which you may have or claim to have regarding events that have occurred as of the Effective Date (as defined below) of this Agreement, including, without limitation, those based on: any employee welfare benefit or pension plan governed by reason the Employee Retirement Income Security Act of 1974, as amended (provided that this release does not extend to any matter, cause or thing whatsoever, including any claim arising out vested benefits to which you are entitled under Company’s pension and welfare benefit plans as of or attributable to the date of your employment or the termination of your employment with services); the CompanyCivil Rights Act of 1964, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, as amended (race, sex, national origin, handicapcolor, religion, disability or sexual orientation. This release sex and national origin discrimination and harassment); the Civil Rights Act of claims includes, but is not limited to, all claims arising under 1966 (42 U.S.C. § 1981) (discrimination); the Age Discrimination in Employment Act of 1967, as amended (hereinafter “ADEA”), Title VII of ; the Civil Rights Older Workers Benefit Protection Act, as amended; the Americans with With Disabilities Act, as amended; § 503 of the Civil Rights Rehabilitation Act of 19911973; the Fair Labor Standards Act, as amended (wage and hour matters); the Family and Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all (family leave matters); any other federal, state and state, or local lawslaws or regulations regarding employment discrimination or harassment, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Releasewages, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEAinsurance, a United States federal statute thatleave, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement privacy or any other written agreement by matter; any negligent or intentional tort; any contract, policy or practice (implied, oral, or written); or any other theory of recovery under federal, state, or local law, and between whether for compensatory or punitive damages, or other equitable relief, including, but not limited to, any and all claims which you and may now have or may have had, arising from or in any way whatsoever connected with your employment, service, or contacts, with the Company that survive or any other of the termination of your employment; Released Parties. B. Notwithstanding the foregoing, the released claims do not include, and this Agreement does not release: (iia) any rights to accruedcompensation and benefits provided under Section 4 of the Letter Agreement; (b) any benefit to which you are entitled under any tax qualified pension plan of the Company, COBRA continuation coverage benefits, vested benefits that you have under the employee any other benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder plans of the Company or an equity holder of its affiliates or any member other welfare benefits required to be provided pursuant to the terms of the Groupapplicable plan; or (vc) any rights to indemnification rights (including advancement and reimbursement of legal fees and expenses) that you may have under applicable law, the bylaws or certificate of incorporation of the Company, any applicable director and officer liability policy or under the Letter Agreement, as a former result of having served as an officer or director of the Company or any of its subsidiaries affiliates; (d) any claim that you may have as the holder or affiliates beneficial owner of securities of the Company or coverage other rights relating to securities or equity awards in respect of the common stock of the Company and (e) any claims that you may not by law release through a settlement agreement such as this. C. To the extent permitted by law, you agree that you will not cause or encourage any future legal proceedings to be maintained or instituted against any of the Released Parties. This Agreement is not intended to prevent you from filing a charge with, or participating in an investigation conducted by, the Equal Employment Opportunity Commission or any comparable state human rights agency, or the United States Securities and Exchange Commission; provided, however, you expressly waive and relinquish any right you may have to recover damages or other relief, whether equitable or legal, in any such proceeding concerning events or actions that arose on or before the Effective Date other than as prohibited by law, including an award under directors and officers liability insurancesection 21F of the Securities Exchange Act of 1934 (the “Exchange Act”). No provision of this Agreement shall prohibit you from exercising any legally protected whistleblower rights, including pursuant to Rule 21F under the Exchange Act.

Release and Waiver of Claims. (a) As used in this Release, the term “"claims” " will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ ' fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (payments and benefits described in Section 8 of that certain Employment Agreement by and between you and the Company, dated as defined in the Change in Control Severance Agreement)of July 30, 2008, and other good and valuable considerationconsideration (the "Consideration"), you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholdersshareholders, employees, employees and agents (collectively, and with the “Company, the "Group”), ") from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“"ADEA”"), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s 's right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this ReleaseEffective Date, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits Consideration, and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries in accordance with the Company's or affiliates or coverage under directors and officers liability insurancesuch subsidiary's bylaws, as the case may be.

Release and Waiver of Claims. In consideration for the end of employment / termination benefits set forth in the Executive Employment Agreement, to which this form is attached (athe “Employment Agreement”), including without limitation the end of employment / termination benefits set forth in Section 6 thereof, among other things, X. Xxxxxxx Dodge (the “Executive” or “I”) As used and DraftKings Inc. (the “Company”) hereby enter into the following release and waiver of claims (the “Release”). For the avoidance of doubt, nothing in this ReleaseRelease is intended or shall be construed to waive, release or limit in any manner the end of employment / termination benefits described in the Employment Agreement. The Executive hereby generally and completely release the Company, its affiliates, and its and their current and former directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, family and assigns (collectively, the term “claims” will include Released Parties”) of and from any and all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, liabilities and obligations, debtsboth known and unknown, accountsthat arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to or on the date that Executive signs this Release (collectively, the “Released Claims”). The Released Claims include, but are not limited to: (i) all claims arising out of or in any way related to the Executive’s employment with the Company, or the termination of that employment; (ii) all claims related to the Executive’s compensation or benefits from the Company, including salary, bonuses, retention bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests or equity-based awards in the Company; (iii) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (iv) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (v) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, judgments, losses and liabilities, or other claims arising under the federal Civil Rights Act of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits 1964 (as defined in the Change in Control Severance Agreementamended), and other good and valuable consideration, you, for and on behalf the federal Americans with Disabilities Act of yourself and your heirs, administrators, executors, and assigns, effective 1990 (as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectivelyamended), the federal Family and Medical Leave Act (as amended) (the “GroupFMLA”), from the federal Age Discrimination in Employment Act of 1967 (as amended) (the “ADEA”), the Employee Retirement Income Security Act of 1974 (as amended), the National Labor Relations Act of 1935 (as amended), Chapter 151B of the Massachusetts General Laws, and any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoeversimilar applicable state laws, including those of the Commonwealth of Massachusetts and any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any other federal, state or local civil or human rights law dealing with discrimination based on ageor any other local, racestate or federal law, sexregulation or ordinance, national originand any public policy, handicapcontract, religiontort, disability or sexual orientationcommon law. This release of claims Released Claims specifically includes, but is not limited towithout limitation, all claims arising under pursuant to the Age Discrimination in Employment Massachusetts Wage Act (“ADEA”)and State Overtime Law, Title VII of M.G.L. c. 149 §§ 148, 150 et seq. and M.G.L. c 151, §1A et seq, as amended. Notwithstanding the Civil Rights Actforegoing, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed following are not included in the preceding paragraph. Released Claims (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: “Excluded Claims”): (i) your any rights or claims for indemnification that Executive may have pursuant to any written indemnification agreement with respect to the Severance Benefits and any other rights Company, the charter, bylaws, or operating agreements of the Company, or under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employmentapplicable law; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements which are not C-1 waivable as a matter of the Grouplaw; (iii) any claims arising from the breach of this Release; or (iv) any claims related to any Accrued Benefits or other vested benefits or any severance benefits payable or due to the Executive on account of the end of the Executive’s employment or the Executive’s termination under the terms of the Executive Employment Agreement. For the avoidance of doubt, nothing in this Release shall prevent Executive from challenging the validity of the Release in a legal or administrative proceeding. Nothing in this Release shall prevent the Executive from filing, cooperating with, or participating in any proceeding or investigation before the Equal Employment Opportunity Commission, United States Department of Labor, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal government agency, or similar state or local agency (“Government Agencies”), or exercising any rights pursuant to Section 7 of the National Labor Relations Act. The Executive further understands that canthis Release does not limit the Executive’s ability to voluntarily communicate with any Government Agencies or otherwise participate in any investigation or proceeding that may be waived conducted by law any Government Agency, including providing documents or other information, without notice to the Company. While this Release does not limit the Executive’s right to receive an award for information provided to the Securities and Exchange Commission, the Executive understands and agrees that the Executive is otherwise waiving, to the fullest extent permitted by law, any and all rights the Executive may have to individual relief based upon any claims arising out of any proceeding or investigation before one or more of the Government Agencies. If any such claim is not subject to release, to the extent permitted by law, the Executive waives any right or ability to be a class or collective action representative or to otherwise participate in any putative or certified class, collective or multi-party action or proceeding based on such a claim in which any of the Released Parties is a party. Notwithstanding anything to the contrary set forth herein, this Release does not abrogate the Executive’s existing rights under any Company benefit plan, the Executive Employment Agreement or any plan or agreement related to equity ownership in the Company. I acknowledge that I am knowingly and voluntarily waiving and releasing any rights I may have under the ADEA (“ADEA Waiver”). I also acknowledge that (i) the consideration given for the ADEA Waiver is in addition to anything of value to which I was already entitled; and (ii) that, subject only to Company providing the end of employment / termination benefits described in the first paragraph of this Release, I have been paid for all time worked, has received all the leave, leaves of absence and leave benefits and protections for which I am eligible, and have not suffered any on-the-job injury for which I have not already filed a claim. I affirm that all of the decisions of the Released Parties regarding my pay and benefits through the date of my execution of this Release were not discriminatory based on age, disability, race, color, sex, religion, national origin or any other classification protected by law. I affirm that I have not filed or caused to be filed, and am not presently a party to, a claim against any of the Released Parties. I further affirm that I have no known workplace injuries or occupational diseases. I acknowledge and affirm that I have not been retaliated against for reporting any allegation of corporate fraud or other wrongdoing by any of the Released Parties, or for exercising any rights protected by law, including any rights protected by the Fair Labor Standards Act, the Family C-2 Medical Leave Act or any related statute or local leave or disability accommodation laws, or any applicable state workers’ compensation law. I have been advised by this writing, as required by the ADEA, that: (a) my waiver and release do not apply to any claims that may arise after the date on which you I sign this Release; (ivb) I should consult with an attorney prior to executing this release; (c) I have twenty-one (21) days within which to consider this release (although I may choose to voluntarily execute this release earlier); (d) I have seven (7) days following the execution of this release to revoke this Release (in a written revocation sent to the Chief Executive Officer of the Company); and (e) this Release will not be effective until the eighth day after I sign this Release, provided that I have not earlier revoked this Release (the “Effective Date”). I will not be entitled to receive any of the benefits specified by this Release unless and until it becomes effective. In granting the release herein, which includes claims that may be unknown to me at present, I acknowledge that I expressly waive and relinquish any and all rights and benefits under any applicable law or statute providing, in substance, that you a general release does not extend to claims which a party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her would have materially affected the terms of such release. The Executive agrees that the Executive will not make any negative or disparaging statements or comments, either as a stockholder fact or as opinion, about the Released Parties or their vendors, products or services, business, technologies, market position or performance. The Company (including its subsidiaries and affiliates) will not make, and agrees to use commercially reasonable efforts to cause the executive officers and board of directors of the Company to refrain from making, any negative or an equity holder of disparaging statements or comments, either as fact or as opinion, about the Executive (or authorizing any member of statements or comments to be reported as being attributed to the Group; Company). Nothing in this paragraph shall prohibit the Executive or (v) the Company from providing truthful information in response to a subpoena or other legal process. In addition, nothing in the Release shall apply to any indemnification legally protected whistleblower rights (including advancement and reimbursement under Rule 21F under the Securities Exchange Act of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance1934).

Release and Waiver of Claims. This Release and Waiver of Claims (a“Release”) As used is entered into and delivered to Brixmor Property Group, Inc. (the “Company”) as of this [•] day of _________, 201[_], by Xxxxxx Xxxxxx (the “Executive”). The Executive agrees as follows: 1. The employment relationship between the Executive and the Company and its subsidiaries and affiliates, as applicable, terminated on the [•] day of _______, 201[_] (the “Termination Date”) pursuant to Section [__] of the Employment Agreement between the Company and Executive dated July __, 2011 (“Employment Agreement”). 2. In consideration of the payments, rights and benefits provided for in Sections 5(c)(ii)(B), 5(c)(iii)(B), 5(d)(ii)(B), 5(d)(ii)(C) and/or 5(d)(ii)(D) of the Employment Agreement (collectively, as applicable, the “Separation Terms”) and this Release, the term sufficiency of which the Executive hereby acknowledges, the Executive, on behalf of himself and his agents, representatives, attorneys, administrators, heirs, executors and assigns (collectively, the “claims” will include Employee Releasing Parties”), hereby releases and forever discharges the Company Released Parties (as defined below), from all claims, covenants, warranties, promises, undertakings, actions, suitscharges, causes of action, obligations, debtsexpenses, accounts, attorneys’ fees, judgments, losses damages of any kind (including attorneys fees and liabilities, of whatsoever kind costs actually incurred) or naturedemands, in law, law or in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for which may have existed or by reason which may now exist from the beginning of any mattertime to the date of this Release, cause arising from or thing whatsoever, including any claim arising out of or attributable relating to your Executive’s employment or the termination of your from employment with the CompanyCompany or otherwise, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This including a release of any rights or claims includes, but is not limited to, all claims arising the Executive may have under Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended (“ADEA”), Title VII of ; the Civil Rights Older Workers Benefit Protection Act, ; the Americans with Disabilities Act, Act of 1990; the Rehabilitation Act of 1973; the Family and Medical Leave Act of 1993; Section 1981 of the Civil Rights Act of 1991, 1866; Section 1985(3) of the Family Medical Leave Civil Rights Act of 1871; the Employee Retirement Income Security Act of 1974; the Fair Labor Standards Act, and the Equal Pay Act, each as may be amended from time to time, and all ; any other federal, state and or local lawslaws against discrimination; or any other federal, the state, or local statute, regulation or common law relating to employment, wages, hours, or any other terms and conditions of employment. This includes a release by the Executive of any and all claims or rights arising under contract (whether written or oral, express or implied), covenant, public policy, tort or otherwise. For purposes hereof, “Company Released Parties” shall mean the Company and any other purported restriction on an employer’s right to terminate of its past or present employees, agents, insurers, attorneys, administrators, officials, directors, shareholders, divisions, parents, members, subsidiaries, affiliates, predecessors, successors, employee benefit plans, and the employment of employees. (c) You acknowledge and agree that as sponsors, fiduciaries, or administrators of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and Company’s employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. (a) As used in It is understood and agreed that as a condition to the Executive's becoming entitled to any payments or benefits under this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes Executive agrees to execute on his Resignation Date a written release and waiver of action, obligations, debts, accounts, attorneys’ fees, judgments, losses claims in which he releases and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise.discharges the Company from (bi) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all charges, claims whatsoever up to the date hereof which you hadand causes of action arising, may have haddirectly or indirectly, or now have against the Group, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your his employment or the termination of your or his employment with the Company, whether for tortincluding but not limited to any claims involving tortious course of conduct, breach of express or implied employment contract, defamation and public policy, claims for wages and benefits, monetary and equitable release, punitive or compensatory damages, outrage, outrageous conduct, fraud, promissory estoppel, negligence, intentional or negligent infliction of mental or emotional distress, wrongful terminationbreach of promise, unjust dismissaland breach of the covenant of good faith and fair dealing; and (ii) any and all charges, defamationclaims and causes or action he may have under Title VII of the Civil Rights Act of 1964, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under as amended; the Age Discrimination in Employment Act (“ADEA”)of 1967, Title VII of as amended; the Civil Rights National Labor Relations Act, the Americans with Disabilities Act, as amended; the Civil Rights Act of 1991, as amended; 42 U. S. C. 1981, as amended; the Americans with Disability Act of 1990; the Family and Medical Leave Act, and ; the Equal Pay Connecticut Fair Employment Practices Act, each as may be amended from time to timeamended; the Employee Retirement Income Security Act of 1974, as amended; and all other federal, various state and local human rights laws of contract and tort, otherwise relating to his employment at the Company (b) The release and waiver referred to herein shall not apply to the Executive's rights under the Company's benefit plans and Workers' Compensation laws, rights under the common law provisions of this Agreement and any other purported restriction on the rights more fully described in the attached letter agreement between the Company and the Executive setting forth the mutual understanding of how the Company will administer certain employee benefit and incentive plans and programs as to the Executive. The release and waiver shall be effective with respect to the Company, its subsidiaries, affiliates and divisions and their respective successors and assigns ("Affiliates"), the directors, officers, representatives, shareholders, agents, employees of the Company and the Affiliates, and their respective heirs and personal representatives. It is agreed and understood that following the Executive's termination of employment pursuant to Section 3 hereof, the payments and benefits described under this Agreement shall not be required to be paid until the Executive has delivered an employer’s right executed release and waiver of claims to terminate the employment of employeesCompany as set forth above. (c) You acknowledge It is understood and agree agreed that the Company shall provide to the Executive on the Resignation Date a written release and waiver of claims in which the Company releases and discharges the Executive from any and all charges, claims and causes of action arising, directly or indirectly, out of the Executive's employment with the Company prior to the Resignation Date; provided, however, that the Company shall not release the Executive or waive any charges, claims and causes of action based on events and activities of the Executive arising from or in consequence of events or activities of the Executive which would constitute Cause, as defined in Section 2 hereof. The Executive shall represent and warrant to the Company that he knows of no such charges, claims or causes of action as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraphResignation Date. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.

Release and Waiver of Claims. (a) As used in this ReleaseA. In exchange for the consideration referenced above, the term “claims” will include all claimsyou hereby completely, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement)irrevocably, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully unconditionally release and forever release, remise, and discharge the Company, and any of its direct predecessor or affiliated companies, and indirect parentseach and all of their officers, subsidiaries and affiliatesagents, directors, supervisors, employees, representatives, and their respective successors and assigns, together and all persons acting by, through, under, for, or in concert with them, or any of them, in any and all of their respective officers, directors, partners, stockholders, employees, and agents capacities (hereinafter individually or collectively, the “GroupReleased Parties”), from any and all claims whatsoever up to the date hereof which you hadcharges, may have hadcomplaints, claims, and liabilities of any kind or now have against the Groupnature whatsoever, whether known or unknown, for suspected or unsuspected (hereinafter referred to as “claim” or “claims”) which you at any time heretofore had or claimed to have or which you may have or claim to have regarding events that have occurred as of the Effective Date (as defined below) of this Agreement, including, without limitation, those based on: any employee welfare benefit or pension plan governed by reason the Employee Retirement Income Security Act of 1974, as amended (provided that this release does not extend to any matter, cause or thing whatsoever, including any claim arising out vested benefits to which you are entitled under the Company’s pension and welfare benefit plans as of or attributable to the date of your employment or the termination of your employment with services); the CompanyCivil Rights Act of 1964, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, as amended (race, sex, national origin, handicapcolor, religion, disability or sexual orientation. This release sex and national origin discrimination and harassment); the Civil Rights Act of claims includes, but is not limited to, all claims arising under 1966 (42 U.S.C. § 1981) (discrimination); the Age Discrimination in Employment Act of 1967, as amended (hereinafter “ADEA”), Title VII of ; the Civil Rights Older Workers Benefit Protection Act, as amended; the Americans with Disabilities Act, as amended; Section 503 of the Civil Rights Rehabilitation Act of 19911973; the Fair Labor Standards Act, as amended (wage and hour matters); the Family and Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all (family leave matters); any other federal, state and state, or local lawslaws or regulations regarding employment discrimination or harassment, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Releasewages, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEAinsurance, a United States federal statute thatleave, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement privacy or any other written agreement by matter; any negligent or intentional tort; any contract, policy or practice (implied, oral, or written); or any other theory of recovery under federal, state, or local law, and between whether for compensatory or punitive damages, or other equitable relief, including, but not limited to, any and all claims which you and may now have or may have had, arising from or in any way whatsoever connected with your employment, service, or contacts, with the Company that survive or any other of the termination of your employment; Released Parties. B. Notwithstanding the foregoing, the released claims do not include, and this Agreement does not release: (iia) any rights to accruedcompensation and benefits provided under Section 5 of the Change in Control Agreement; (b) any benefit to which you are entitled under any tax qualified pension plan of the Company, COBRA continuation coverage benefits, vested benefits that you have under the employee any other benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder plans of the Company or an equity holder of its Affiliates or any member other welfare benefits required to be provided pursuant to the terms of the Groupapplicable plan; or (vc) any rights to indemnification rights (including advancement and reimbursement of legal fees and expenses) that you may have under applicable law, the bylaws or certificate of incorporation of the Company, any applicable directors’ and officers’ liability policy or under the Change in Control Agreement, as a former result of having served as an officer or director of the Company or any of its subsidiaries Affiliates; (d) any claim that you may have as the holder or affiliates beneficial owner of securities of the Company or coverage other rights relating to securities or equity awards in respect of the common stock of the Company; and (e) any claims that you may not by law release through a settlement agreement such as this. C. To the extent permitted by law, you agree that you will not cause or encourage any future legal proceedings to be maintained or instituted against any of the Released Parties. This Agreement is not intended to prevent you from filing a charge with, or participating in an investigation conducted by, the Equal Employment Opportunity Commission or any comparable state human rights agency, or the United States Securities and Exchange Commission; provided, however, you expressly waive and relinquish any right you may have to recover damages or other relief, whether equitable or legal, in any such proceeding concerning events or actions that arose on or before the Effective Date other than as prohibited by law, including an award under directors and officers liability insuranceSection 21F of the Securities Exchange Act of 1934 (the “Exchange Act”). No provision of this Agreement shall prohibit you from exercising any legally protected whistleblower rights, including pursuant to Rule 21F under the Exchange Act.

Release and Waiver of Claims. In exchange for the foregoing benefits, subject to Section 11 of this Agreement (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance AgreementProtected Activity), and other good and valuable considerationEmployee, you, for and on behalf of yourself Employee and your her heirs, executors, administrators, executorssuccessors, assigns and assignspersonal representatives, effective as of the Effective Date, do fully hereby releases and forever release, remise, discharges the Company and discharge the Company’s long-term disability plans (including any trustees, its direct custodians and indirect parents, subsidiaries administrators engaged in connection with the administration of claims or assets maintained in connection with any such plans) of and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all legal, equitable, and administrative claims whatsoever up to the date hereof which you hadand demands of every name, may have hadtype, act and nature, arising out of or now have against the Group, whether known or unknown, for or existing by reason of any matter, cause known or thing whatsoever, including any claim arising out unknown act or inaction whatsoever and occurring directly or indirectly as a result of or attributable prior to your employment or the termination execution of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientationthis Agreement. This release of claims includes, but is not limited to, all claims any claims, charges, complaints, grievances, causes of action (known or unknown), demands, injuries (whether personal, emotional or other), unfair labor practices, or suits arising, directly or indirectly, out of Employee's employment with and/or separation of employment from the Company, and includes, but is not limited to claims, charges, complaints, actions, grievances, demands or suits which may be, have, or might have been asserted, whether in contract or in tort, and whether under common law or under federal, state or local statute, regulation or ordinance. Claims, actions and demands released herein include but are not limited to those based on allegations of wrongful discharge, retaliation, personal injury and/or breach of contract; those arising under federal, state or local employment discrimination, fair employment practices, and/or wage and hour laws; and for West Virginia employees, those arising under the West Virginia Human Rights Act; those arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, as amended, the Fair Labor Standards Act, the Age Discrimination in Employment Act of 1967 (“ADEA”), Title VII the Rehabilitation Act of the Civil Rights Act1973, the Americans with With Disabilities ActAct (“ADA”) and Executive Order 11246, (all as amended); those arising under the Civil Uniformed Services Employment and Re-employment Rights Act of 19911994 (“USERRA”), the Family Medical Leave ActWorker Adjustment and Retraining Notification Act (“WARN”), the Labor Management Relations Act (“LMRA”), the National Labor Relations Act (“NLRA”), and the Equal Pay ActFamily and Medical Leave Act (“FMLA”); and those arising under applicable securities laws. Also released are any claims and demands related to entitlement to long-term disability benefits under any Company long-term disability plan. Excluded from this release and waiver of claims are any pending or as yet unaccrued worker’s compensation/occupational disease claims, each as may be amended from time to timevested pension and savings plan (401k) benefits, participation in health and welfare benefits (medical, dental and vision) under the terms of such plans, vested balances and payments under non-qualified deferred compensation plans, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that which cannot be waived by law law. Also excluded from this release and any waiver of claims that may arise after are the date on relocation expenses associated with Employee’s 2023 move to Ohio, which you sign the Company has agreed to pay to Employee irrespective of whether Employee executes this Release; (iv) any rights that you have as Agreement. These expenses include home sale reimbursement, home sale bonus, new home purchase closing cost reimbursement, up to 60 days of duplicate house expense reimbursement, and meals and mileage for her final move trip. To be reimbursed, Employee must submit a stockholder request with proper documentation in accordance with the Company’s relocation program and do so within 90 calendar days of the Company effective date of this Agreement or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and event triggering the reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceexpense, whichever is later.

Release and Waiver of Claims. In consideration of the severance payments and other benefits to which I have become entitled, pursuant to that certain Employment Agreement between Callidus Software Inc., a Delaware corporation (a) As used the “Company”), and myself dated April 26, 2005 (the “Employment Agreement”), in connection with the termination of my employment on this Releasedate, I, Rxxxxx Xxxxxxxxxx, hereby furnish the term Company with the following release and waiver (“claims” will include Release and Waiver”). I hereby release and forever discharge the Company, its officers, directors, agents, employees, stockholders, successors, assigns and affiliates from any and all claims, covenantsliabilities, warranties, promises, undertakings, actions, suitsdemands, causes of action, obligationscosts, debtsexpenses, accounts, attorneys’ attorney fees, judgmentsdamages, losses indemnities and liabilities, obligations of whatsoever every kind or and nature, in law, in equity, equity or otherwise. (b) For , known and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected and unsuspected, disclosed and undisclosed, arising from or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable relating to your my employment or with the Company and the termination of your employment with the Companythat employment, whether for tortincluding (without limitation) claims of wrongful discharge, emotional distress, defamation, fraud, breach of express or implied employment contract, intentional infliction breach of emotional distressthe covenant of good faith and fair dealing, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination claims based on sex, age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release any other basis under Title VII of claims includesthe Civil Rights Act of 1964, but is not limited toas amended, all claims arising under the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Disability Act, the Civil Rights Act of 1991contract claims, the Family Medical Leave Acttort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock grants, stock options, vacation pay, fringe benefits, severance pay or any other form of compensation (other than (i) the Equal Pay Actpayments, each as may be amended from time rights, benefits and indemnification to timewhich I am entitled under the express provisions of the Employment Agreement and the Company’s Indemnification Agreement, (ii) my vested rights, if any, under the Company’s 401(k) plan and (iii) any worker’s compensation benefits under any Company workers’ compensation insurance policy or fund). In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and all other federalany law or legal principle of similar effect in any jurisdiction: “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, state which if known by him must have materially affected his settlement with the debtor.” This Release and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise Waiver does not pertain to any claims under which may subsequently arise in connection with the Company’s default in any of its payment or indemnification obligations under the laws listed in Employment Agreement or the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute Company’s Indemnification Agreement. I acknowledge that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of rights subject to this Release to the contraryand Waiver, by executing this Release, you are not I am hereby waiving and releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you I may have under ADEA, that this release and waiver is knowing and voluntary, and that the employee benefit consideration given for this release and fringe benefit plans, programs and arrangements waiver is in addition to anything of value to which I was already entitled as an executive of the Group; (iii) any claims Company. I further acknowledge that cannot be waived I have been advised, as required by law and any claims that may arise after the date on which you sign this Release; (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.Older Workers Benefit Protection Act, that:

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under the Employment Agreement, dated as of July 26, 2017, to which you and ServiceMaster Global Holdings, Inc. (athe “Company”) As used are parties (the “Employment Agreement”), you hereby waive and release and forever discharge the Company and its respective parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason unsuspected, whether or not mature or ripe, that you ever had and now have against any Releasee including, but not limited to, claims and causes of any matter, cause or thing whatsoever, including any claim action arising out of or attributable in any way related to your employment with or the termination of your employment with separation from the Company, whether to any services performed for tortthe Company, breach of express to any status, term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Company, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which this release of claims becomes irrevocable (the “Effective Date”). However, nothing in this Agreement prevents you sign this Release; (iv) from making any rights that you have as a stockholder reports to or receiving any awards from the SEC or OSHA based upon the your reporting of the Company violations of laws or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceregulations containing whistleblower provisions.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)paragraph 2 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge each member of the Company, its direct and indirect parents, subsidiaries and affiliates, Company Group and their respective successors and assigns, together with their respective officers, directors, partners, stockholdersshareholders, employees, employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the GroupCompany Parties, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the Company, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law. (c) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You By executing this Agreement, you specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of the foregoing, nothing in this Release to the contrary, by executing this Release, you are not releasing any claims relating toAgreement shall be a waiver of: (i) your rights with respect to payment of amounts under this Agreement, (ii) your right to benefits due to terminated employees under any employee benefit plan of the Severance Benefits and any other rights under your Change in Control Severance Agreement Company or any other written agreement by and between you and member of the Company that survive Group in which you participated (excluding any severance or similar plan or policy), in accordance with the termination of terms thereof (including your employment; (ii) any rights to accruedelect COBRA coverage), vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and including, without limitation any claims filed with the Equal Employment Opportunity Commission, the U.S. Department of Labor, or claims under the ADEA that may arise after the date on which you sign of this ReleaseAgreement; or (iv) your right of indemnification as provided by, and in accordance with the terms of, the Company’s by-laws or a Company insurance policy providing such coverage, as any rights of such may be amended from time to time. (f) You acknowledge and agree that by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this paragraph 3. Therefore you agree that you have as a stockholder of the Company will not accept any award or an equity holder of settlement from any member of the Group; source or (v) any indemnification rights proceeding (including advancement and reimbursement of legal fees and expensesbut not limited to any proceeding brought by any other person or by any government agency) you may have as a former officer with respect to any claim or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceright waived in this Agreement.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)paragraph 2 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge each member of the Company, its direct and indirect parents, subsidiaries and affiliates, Company Group and their respective successors and assigns, together with their respective officers, directors, partners, stockholdersmembers, employeesstockholders (including any management company of a stockholder), employees and agents (collectively, and with the Company, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the GroupCompany Parties, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the CompanyCompany or any member of the Company Group, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slander, or under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (the “ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, and the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, and the Employee Retirement Income Security Act (excluding claims for accrued, vested benefits under an employee pension benefit plan of the Company Parties), each as may be amended from time to time, and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. You intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law and for the provisions regarding the release of claims against the Company Parties to be construed as broadly as possible, and hereby incorporate in this release similar federal, state or other laws, all of which you also hereby expressly waive. (c) You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered, but it is your intention to fully and forever release, remise and discharge all claims which you had, may have had, or now have against the Company Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or noncontingent, without regard to the subsequent discovery or existence of such additional or different facts. Without limiting the foregoing, by signing this Agreement, you expressly waive and release any provision of law that purports to limit the scope of a general release. (d) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plansparagraphs. (e) Notwithstanding any provision of this Release Agreement to the contrary, by executing this ReleaseAgreement, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights payment of amounts under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; this Agreement, (ii) any rights your right to accrued, vested benefits that you have due to terminated employees under the any employee benefit and fringe benefit plans, programs and arrangements plan of the Group; Company or any other member of the Company Group in which you participated (excluding any severance or similar plan or policy), in accordance with the terms thereof (including your right to elect COBRA continuation coverage), (iii) any claims that cannot be waived by law and any claims or that may arise after the date on which you sign execute this Release; Agreement, or (iv) any rights that you have as a stockholder of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including your right to indemnification, advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under , and directors and officers liability insurance, as provided by, and in accordance with the terms of, applicable law, the Company’s by-laws or otherwise. (f) You acknowledge and agree that, by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this paragraph 3. Therefore you agree that you will not accept any award or settlement from any source or proceeding (including but not limited to any proceeding brought by any other person or by any government agency) with respect to any claim or right waived in this Agreement. (g) You acknowledge and agree that as of the date of this Agreement, you have reported all accidents, injuries or illnesses relating to or arising from your employment with the Company or the Company Group and that you have not suffered any on-the-job injury or illness for which you have not yet filed a claim.

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (bi) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)Section 3 above, and other good and valuable consideration, youEmployee, for and on behalf of yourself himself and your his heirs, administrators, executors, and assigns, effective as of the Effective Date, do does fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assignsmembers of the Company Group, together with their respective officers, directors, partners, stockholdersmembers, shareholders, affiliates, employees, and agents (collectively, the “GroupCompany Released Parties”), from any and all claims whatsoever up to and including the date hereof which you of Employee’s execution of this Agreement that Employee had, may have had, or now have has against any of the Group, whether known or unknownCompany Released Parties, for or by reason of any matter, cause cause, or thing whatsoever, including including, without limitation, any claim matter, cause or thing arising out of or attributable to your employment or the termination of your Employee’s employment with the Company, the termination of Employee’s employment with the Company or any other member of the Company Group, Employee’s service as a member of the Board of Directors of the Parent or any subsidiary thereof or Employee’s investment in or ownership of an equity interest in the Parent, whether for tort, breach of express or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel libel, or slander, or under any United States federal, state state, or local law or regulation dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability disability, or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the following United States statutes: the Age Discrimination in Employment Act (“ADEA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”). Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other United States federal, state state, and local laws, the common law law, and any other purported restriction on an employer’s right to terminate the employment of employeesan employee. The parties intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law. (cii) You acknowledge Employee acknowledges and agree agrees that as of the date you execute Employee executes this ReleaseAgreement, you have Employee has no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. (diii) You By executing this Agreement, Employee specifically release releases all claims relating to your his employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (eiv) Notwithstanding any provision the foregoing, nothing in this Agreement shall be a release, remise or discharge of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your Employee’s rights with respect to payment of amounts under this Agreement, (ii) Employee’s right to benefits due to terminated employees under any employee benefit plan of the Severance Benefits and any other rights under your Change in Control Severance Agreement Company or any other written agreement by and between you and member of the Company that survive Group in which Employee participated (excluding any severance or similar plan or policy), in accordance with the termination of your employment; terms thereof (ii) any including rights to accruedelect COBRA coverage), vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after the date on which you sign this Release; non-waivable provisions of applicable law, (iv) any rights that you have of Employee arising after the Effective Date as a stockholder an equityholder of the Company or Parent (so long as Employee continues to be an equity holder of any member equityholder of the Group; Parent) pursuant to the terms of (A) the limited liability company agreement of the Parent, dated as of December 4, 2007, as the same may be amended from time to time (the “LLC Agreement”), (B) the registration rights agreement of Parent, dated as of December 4, 2007, as the same may be amended from time to time (the “Registration Rights Agreement”), or (C) the profit unit grant agreement entered into between Employee and the Parent in respect of the issuance of profit unite of the Parent to Employee, as the same may be amended from time to time (the “Profit Unit Grant Agreement” and, together with the LLC Agreement and the Registration Rights Agreement, the “Equity Documents”), (v) any rights of Employee to indemnification rights (including advancement and reimbursement from the Parent pursuant to the terms of legal fees and expenses) you may have as a former officer or director Section 11.31 of the Company LLC Agreement, (vi) any rights of Employee pursuant to the terms of any directors’ and officers’ liability insurance policy that the Parent or its subsidiaries any subsidiary thereof may maintain from time to time, or affiliates or coverage under directors and officers liability insurance(vii) Employee’s right to seek judicial relief pursuant to Section 17 hereof for breach of this Agreement.

Release and Waiver of Claims. (a) As used in this ReleaseAgreement, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, in equity, equity or otherwise. (b) For and in consideration of the Severance Benefits (as defined payments and benefits described in the Change in Control Severance Agreement)Paragraph 2 above, and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, executors and assigns, effective as of the Effective Datedate hereof, do fully and forever release, remise, remise and discharge each member of the Company, its direct and indirect parents, subsidiaries and affiliates, Company Group and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, employees and agents (collectively, and with the Company Group, the “GroupCompany Parties”), ) from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the GroupCompany Parties, whether known or unknown, for or by reason of any matter, cause or thing whatsoever, including any claim arising out of or attributable to your employment or the termination of your employment with the CompanyCompany or any member of the Company Group, whether for any tort, breach of express or implied employment contract, or equitable common law principles, including, but not limited to, specific claims for recovery of attorneys’ fees or punitive, compensatory, or other damages, including wages, commissions, bonus payments, vacation pay, stock options, and severance benefits, fraud, concealment, negligence, defamation, negligent misrepresentation, promissory estoppel, quantum meruit, intentional or negligent infliction of emotional distress, invasion of privacy, wrongful terminationdischarge, unjust dismissalbreach of the covenant of good faith and fair dealing, defamation, libel or slanderviolation of public policy, or constructive termination; any and all claims arising under any policies, practices or procedures of the Company; all claims to any non-vested ownership interest in the Company, contractual or otherwise, including but not limited to claims to stock or stock options; or all claims under any federal, state or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability or sexual orientation. This release of claims includes, but is not limited to, all claims arising under the Age Discrimination in Employment Act (the “ADEA”), Title VII of the Civil Rights ActAct of 1964, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family and Medical Leave Act, and the Equal Pay Act, the Worker Adjustment and Retraining Notification Act, and the Employee Retirement Income Security Act (excluding claims for accrued, vested benefits under an employee pension benefit plan of the Company Parties), each as may be amended from time to time, any applicable Executive Order Programs and their state and local counterparts, and all other applicable federal, and state and local laws or regulations, including, but not limited to the extent permitted by law, any rights, actions, claims or liability under (i) any state or local statute or regulation, including, but not limited to, the New Jersey Law Against Discrimination (N.J.S.A. §§ 10:5-1 to 10:5-49), New Jersey Smoking Law (N.J.S.A. §§ 34:6B-1 to 34:6B-4), New Jersey Conscientious Employee Protection Act (N.J.S.A. §§ 34:19-1 to 34:19-14), New Jersey Family Leave Act (N.J.S.A. §§ 34:11B-1 to 34:11B-16), New Jersey Paid Sick Leave Act (N.J.S.A §§ 34:11D-1 to 34:11D-11), New Jersey Wage Payment Law (N.J.S.A. §§ 34:11-2 to 34:11-4.14), New Jersey Wage and Hour Law (N.J.S.A. §§ 34:11-56a to 34:11-56a38), New Jersey Discrimination in Wages Act (N.J.S.A. §§ 34:11-56.1, et seq.), New Jersey Workers’ Compensation Law’s anti-retaliation provisions (N.J.S.A. §§ 34:15-39.1 to 34:15-39.3), and New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (N.J.S.A. §§ 34:21-1 to 34:21-7), all as amended; or (ii) any tort, contract, or equitable common law principles, including, but not limited to, specific claims for breach of implied or express contract, breach of implied covenant of good faith and fair dealing, defamation (including slander and libel), wrongful discharge or termination, and intentional or negligent infliction of emotional distress. You intend the release contained herein to be a general release of any and all claims to the fullest extent permissible by law and for the provisions regarding the release of claims against the Company Parties to be construed as broadly as possible, and hereby incorporate in this release similar federal, state and local or other laws, the common law and any other purported restriction on an employer’s right to terminate the employment all of employeeswhich you also hereby expressly waive. (c) You understand and agree that claims or facts in addition to or different from those which are now known or believed by you to exist may hereafter be discovered, but it is your intention to fully and forever release, remise and discharge all claims which you had, may have had, or now have against the Company Parties, whether known or unknown, suspected or unsuspected, asserted or unasserted, contingent or noncontingent, without regard to the subsequent discovery or existence of such additional or different facts. Without limiting the foregoing, by signing this Agreement, you expressly waive and release any provision of law that purports to limit the scope of a general release. (d) You agree that, except for the wages and benefits to be paid to you regardless of whether you sign this Agreement (explained before in Paragraph 2(b)), the Consideration to be paid under Paragraph 2(d) of this Agreement, and any vested stock options or restricted stock units you may hold, the Company does not owe you any other wages, compensation, or benefits of any kind or nature. (e) You acknowledge and agree that, by virtue of the foregoing, you have waived any relief available to you (including without limitation, monetary damages, equitable relief and reinstatement) under any of the claims and/or causes of action waived in this Paragraph 3. Therefore, you agree that you will not accept any award or settlement from any source or proceeding (including but not limited to any proceeding brought by any other person or by any government agency) with respect to any claim or right waived in this Agreement. (f) You acknowledge and agree that as of the date you execute this ReleaseAgreement, you have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraphparagraphs. Further, you have notified the Company of any charge or complaint you have filed with any agency or court that is still pending before such court or agency (g) You acknowledge and agree that as of the date you execute this Agreement, you have no cause to believe that any violation of any local, state or federal law has occurred with respect to your employment or separation of employment from the Company, including but not limited to any violation of any federal, state municipal, foreign or international whistleblower or fraud law, statute or regulation. In addition, you further agree and acknowledge that you are not aware of any conduct that would be unlawful under the False Claims Act, the Xxxxxxxx-Xxxxx Act, the Xxxx-Xxxxx Act, or any other compliance obligation. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (eh) Notwithstanding any provision of this Release Agreement to the contrary, by executing this ReleaseAgreement, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you payment of amounts and the Company that survive the termination of your employment; Consideration under this Agreement, (ii) any rights your right to accrued, vested benefits that you have due to terminated employees under the any employee benefit and fringe benefit plans, programs and arrangements plan of the Group; Company or any other member of the Company Group in which you participated (excluding any severance or similar plan or policy), in accordance with the terms thereof (including your right to elect COBRA continuation coverage), (iii) any claims that cannot be waived by law and any claims or that may arise after the date on which you sign execute this Release; Agreement, (iv) your rights relating to any rights that vested stock options or restricted stock units you have as a stockholder of the Company or an equity holder of any member of the Groupmay hold; or and (v) any your right to indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insuranceinsurance under Section 20 of your Employment Agreement and Paragraph 2(d)(iii) hereof. Nothing in this Agreement shall prohibit or restrict you (or your attorney) from filing a charge, testifying, assisting, or participating in any manner in an investigation, hearing or proceeding; responding to any inquiry; or otherwise communicating with, any administrative or regulatory (including any self-regulatory) agency or authority, including, but not limited to, the Securities and Exchange Commission (SEC), the US Department of Justice (DOJ), the US Congress, any agency Inspector General, the Equal Employment Opportunity Commission (EEOC) or a comparable state or federal fair employment practices agency, and the National Labor Relations Board (NLRB), and does not restrict you from receiving an award for any information provided to government agencies. (i) You acknowledge and agree that you have not asserted any claim for sexual harassment or sexual abuse by the Company or any of the Company Parties and you are not aware of any facts supporting any such a claim. (j) You acknowledge and agree that as of the date of this Agreement, the Company has provided you with all leave to which you were entitled and you have reported all accidents, injuries or illnesses relating to or arising from your employment with the Company or the Company Group and that you have not suffered any on-the-job injury or illness for which you have not yet filed a claim.

Release and Waiver of Claims. In consideration of the payments and benefits to which you are entitled under that certain Agreement, effective as of August 3, 2021 to which you and Cornerstone Building Brands, Inc. (athe “Company”) As used are parties (the “Agreement”), you hereby waive and release and forever discharge the Company ad its (as applicable) parent entities, subsidiaries, divisions, limited partnerships, affiliated corporations, successors and assigns and their respective past and present directors, managers, officers, stockholders, partners, agents, employees, insurers, attorneys, and servants each in this Releasehis, the term her or its capacity as such, and each of them, separately and collectively (collectively, “claims” will include Releasees”), from any and all existing claims, covenantscharges, warrantiescomplaints, promisesliens, undertakings, actions, suitsdemands, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses damages and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. (b) For and in consideration of the Severance Benefits (as defined in the Change in Control Severance Agreement), and other good and valuable consideration, you, for and on behalf of yourself and your heirs, administrators, executors, and assigns, effective as of the Effective Date, do fully and forever release, remise, and discharge the Company, its direct and indirect parents, subsidiaries and affiliates, and their respective successors and assigns, together with their respective officers, directors, partners, stockholders, employees, and agents (collectively, the “Group”), from any and all claims whatsoever up to the date hereof which you had, may have had, or now have against the Group, whether known or unknown, for suspected or by reason of unsuspected, whether or not mature or ripe, that you ever had and now have against any matter, cause or thing whatsoever, including any claim Releasee arising out of or attributable in any way related to your employment with or the termination of your employment with separation from the Company, whether to any services performed for tortthe Company, breach of express to any status, term or implied employment contract, intentional infliction of emotional distress, wrongful termination, unjust dismissal, defamation, libel or slandercondition in such employment, or under to any federalphysical or mental harm or distress from such employment or non-employment or claim to any hire, state rehire or local law dealing with discrimination based on agefuture employment of any kind by the Company, race, sex, national origin, handicap, religion, disability or sexual orientationall to the extent allowed by applicable law. This release of claims includes, but is not limited to, all claims arising based on express or implied contract, compensation plans, covenants of good faith and fair dealing, wrongful discharge, claims for discrimination, harassment and retaliation, violation of public policy, tort or common law, whistleblower or retaliation claims; and claims for additional compensation or damages or attorneys’ fees or claims under the Age Discrimination in Employment Act (“ADEA”)federal, state, and local laws, regulations and ordinances, including but not limited to Title VII of the Civil Rights Act, the Americans with Disabilities ActAct of 1964, the Civil Rights Act of 1991, the Family Medical Leave Americans with Disabilities Act, the Age Discrimination in Employment Act, the Worker Adjustment and Retraining Notification Act (“WARN”), or equivalent state WARN act, the Employee Retirement Income Security Act, and the Equal Pay Act, each as may be amended from time to time, Xxxxxxxx-Xxxxx Act of 2002. You understand that this release of claims includes a release of all known and all other federal, state and local laws, the common law and any other purported restriction on an employer’s right to terminate the employment of employees. (c) You acknowledge and agree that as of the date you execute this Release, you have no knowledge of any facts or circumstances that give rise or could give rise to any unknown claims under any of the laws listed in the preceding paragraph. (d) You specifically release all claims relating to your employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. (e) Notwithstanding any provision of this Release to the contrary, by executing this Release, you are not releasing any claims relating to: (i) your rights with respect to the Severance Benefits and any other rights under your Change in Control Severance Agreement or any other written agreement by and between you and the Company that survive the termination of your employment; (ii) any rights to accrued, vested benefits that you have under the employee benefit and fringe benefit plans, programs and arrangements of the Group; (iii) any claims that cannot be waived by law and any claims that may arise after through the date on which you sign this Release; (iv) any rights that you have as a stockholder release of the Company or an equity holder of any member of the Group; or (v) any indemnification rights (including advancement and reimbursement of legal fees and expenses) you may have as a former officer or director of the Company or its subsidiaries or affiliates or coverage under directors and officers liability insurance.claims becomes irrevocable.1