Common use of Release and Waiver of Claims Clause in Contracts

Release and Waiver of Claims. In exchange for, and in consideration of, the payments, benefits, and other commitments described above, the Associate releases Walmart from any and all claims of any kind, whether known or unknown, that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart). For illustration purposes and not as a limitation, the claims the Associate is releasing include any claims for damages, costs, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act; the Americans With Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act, as amended (“ADEA”); the Family and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract (express or implied), public policy, wrongful discharge, retaliation, and leaves of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal law.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Section 6.4 of the Employment Agreement dated , 2004, to be effective as of , 200 to which this form is attached, I, , hereby furnish JAZZ PHARMACEUTICALS, INC. (the “Company”) with the following release and waiver (“Release and Waiver”). In exchange forfor the consideration provided to me by this Agreement that I am not otherwise entitled to receive, I hereby generally and completely release the Company and its directors, officers, employees, stockholders, partners, agents, attorneys, predecessors, successors, insurers, Affiliates, and in consideration of, the payments, benefits, and other commitments described above, the Associate releases Walmart assigns from any and all claims of any kindclaims, whether known or unknowndemands, that arose up to liabilities, and including the date the Associate signs this Agreement obligations. This general release includes, but is not limited to: (including 1) all claims arising out of or relating in any way related to my employment with the Company or the termination of the Associate’s employment with Walmart). For illustration purposes and not as a limitationthat employment; (2) all contractual claims, the claims the Associate is releasing include any including claims for damagesbreach of contract, costswrongful termination, or breach of the covenant of good faith and fair dealing; (3) all tort claims, including claims for fraud, defamation, and emotional distress; and (4) all federal, state, and local statutory claims including claims for discrimination, harassment, attorneys’ fees, expenses, compensation fees or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to under the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the federal Civil Rights Act of 1964, as amended; , the Civil Rights Act of 1991; the Equal Pay Act; the federal Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the federal Age Discrimination in Employment ActAct of 1967, as amended (“ADEA”); the Family and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; or the California Fair Employment and Housing Act; . However, this general release does not extend to rights and benefits expressly provided for in the California Family Rights Act; Employment Agreement, under the California Labor Code; governing documents for any securities I own of record, and under any agreement, bylaw or statute providing me with indemnification. Except as provided in the Wage Orders Employment Agreement described above, I acknowledge and agree that the Company already has paid me any and all salary, other wages, bonuses, commissions, incentives, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options or any other ownership interests in the Company I am owed, and that no such further payments, amounts or interests are owed or will be owed. I also acknowledge that I have read and understand Section 1542 of the California Industrial Welfare CommissionCivil Code which reads 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.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims I may have against the Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the 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 have the California Unfair Business Practices law right to consult with an attorney before executing this Release and Waiver (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408although I may choose voluntarily not to do so); and all state (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this Release and 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) this Release and Waiver shall not be effective until the seven (7) day revocation period has expired. If I am less than 40 years of age upon execution of this Release and Waiver, I acknowledge that I have the right to consult with an attorney before executing this Release and Waiver (although I may choose voluntarily not to do so); and (c) I have five (5) days from the date of termination of my employment with the Company in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier). I agree neither to file nor to encourage or local statutesknowingly permit another to file any claim, ordinancescharge, grievance, complaint or regulations regarding anti-discrimination employment lawsaction for any sort of monetary damages against the Company and other released parties set forth above concerning any matter covered by this Agreement, except as well otherwise provided by law. Date: [Escrow Agent Name and Address] Ladies and Gentlemen: As escrow agent (the “Escrow Agent”) for both Jazz Pharmaceuticals, Inc., a Delaware corporation, and any assignee (referred to collectively as all matters arising under federal, state, or local law involving any tort, employment contract (express or impliedthe “Company”), public policyand the undersigned purchaser of stock of the Company (the “Executive”), wrongful dischargeyou are hereby authorized and directed to hold the documents delivered to you pursuant to the terms of that certain Employment Agreement, retaliationdated as of , 2004 (the “Agreement”) between the Company and leaves of absence claims; and any claims related to emotional distressthe Executive (the “Escrow”), mental anguish, benefits, or any other claim brought under local, state or federal law.in accordance with the following instructions:

Release and Waiver of Claims. In exchange forconsideration of the benefits to be provided to Xxxx pursuant to this Agreement, Xxxx including his heirs and in consideration ofassigns hereby irrevocably and unconditionally releases, acquits and discharges the paymentsCity and each of its past, benefitspresent and future elected officials, department heads, officers, employees, agents, representatives and other commitments described above, the Associate releases Walmart attorneys from any and all claims charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any kindnature whatsoever, whether known or unknown, that arose up to and including the date the Associate signs this Agreement (including claims arising out of any act, omission, or relating event from the beginning of time up to the termination execution of the Associate’s employment with Walmart)this Agreement. For illustration purposes Xxxx specifically acknowledges and not as a limitation, the claims the Associate agrees that he is releasing include and giving up any right that he may now have under federal or state law or political subdivision thereof and any claims for damages, costs, attorneys’ fees, expenses, compensation that he may now have or any other monetary recoverycould have asserted against the City. Further, the Associate Xxxx specifically waives and releases agrees to release all claims that he may have that arose up to against the City under many different laws, including but not limited to: the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s statusExecutive Order 11141, which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended; Section 1981 of the Civil Rights Act of 1991; the Equal Pay Act1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans With with Disabilities Act and Sections 503 and 504 of 1990, as amended; the Rehabilitation Act of 1973, as amendedwhich prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Age Discrimination in Employment Act, as amended (“ADEA”)Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act (“FMLA”), as amendedof 1993; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under any federal, state, or local law involving any tortlaws providing workers' compensation benefits, employment contract (express prohibiting retaliatory or implied), public policy, wrongful discharge, retaliationotherwise restricting an employer's right to terminate employees, and leaves or otherwise regulating employment; claims for breach of absence claimscontract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any claims related to emotional distressother federal, mental anguish, benefitsstate, or local tort or contract claim. Xxxx expressly waives all rights that he might have under any other claim brought under locallaw that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, state acquits and discharges Xxxx from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or federal lawunknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.

Release and Waiver of Claims. In exchange for(a) Executive, for and in consideration of, of the payments, benefitscommitments of the Company as set forth in Paragraph 2 of this Agreement, and other commitments described aboveintending to be legally bound, does hereby REMISE, RELEASE AND FOREVER DISCHARGE the Associate releases Walmart members of the Company Group, and their present and former officers, directors, employees, and agents, and their respective successors, predecessors, affiliates, assigns, heirs, executors, and administrators (collectively, “Releasees”) from any all causes of action, suits, debts, claims and all claims of any kinddemands whatsoever in law or in equity, which Executive ever had, now has, or hereafter may have, whether known or unknown, that arose or which Executive’s heirs, executors, or administrators may have, by reason of any matter, cause or thing whatsoever, up to and including the date of Executive’s execution of this Agreement, and particularly, but without limitation of the Associate signs this Agreement (including foregoing general terms, any claims arising out of from or relating in any way to Executive’s employment relationship with the Company and Releasees, the terms and conditions of that employment relationship, and the termination of the Associate’s that employment with Walmart). For illustration purposes and relationship, including, but not as a limitationlimited to, the claims the Associate is releasing include any claims for damagesarising under any applicable Company severance plan(s), costs, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act; the Americans With Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act, as amended (“ADEA”); the Family and Medical Leave Older Workers’ Benefit Protection Act, Title VII of The Civil Rights Act (“FMLA”)of 1964, as amended; the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Americans with Disabilities Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Executive Retirement Income Security Act of 1974, as amended; the National Labor Relations Family and Medical Leave Act; , the Worker Adjustment and Retraining Notification Act, the Fair Labor Standards Act (FLSA); of 1938, the Massachusetts Overtime Law; National Labor Relations Act of 1935, the Massachusetts Payment Consolidated Omnibus Budget Reconciliation Act of Wages Law; 1985, the Massachusetts Fair Employment Practices Act; Immigration Reform and Control Act of 1986, the New Jersey Conscientious Employee Occupational Safety and Health Act of 1970, the Xxxx–Xxxxx Xxxx Street Reform and Consumer Protection ActAct of 2010, N.J.S.A. 34:19-1the Health Insurance Portability and Accountability Act of 1996, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights ActVocational Rehabilitation Act of 1973, W. Va. CSR §77-6-3; California employment laws, the California Fair Employment and Housing Act; , the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law Act (Cal. Bus. and Prof. Gov. Code Sec. 17200, § 12940 et seq.); , the California WARN (CA Labor Code Section 1400-1408(including but not limited to Labor Code §§ 98.6, 203, 232, 221, 1102.5, 2698 et seq., 6303, and 6400 et seq.), claims for retaliation under the Health and Safety Code section 1278.5; and all any other federal, state or and local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising amended, and any other claims under any federal, statestate or local common law, statutory, or local law involving any tortregulatory provision, employment contract (express now or implied)hereafter recognized, public policy, wrongful discharge, retaliation, and leaves of absence claims; and any claims related for attorneys’ fees and costs. This Agreement is effective without regard to emotional distressthe legal nature of the claims raised and without regard to whether any such claims are based upon tort, mental anguishequity, benefits, implied or express contract or discrimination of any other claim brought under local, state or federal lawsort.

Release and Waiver of Claims. In exchange forconsideration of the benefits to be provided to Employee pursuant to this Agreement, Employee including his heirs and in consideration ofassigns hereby irrevocably and unconditionally releases, the paymentsacquits and discharges Employer and each of its past, benefitspresent and future elected officials, department heads, officers, employees, agents, representatives and other commitments described above, the Associate releases Walmart attorneys from any and all claims charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred), of any kindnature whatsoever, whether known or unknown, that arose up to and including the date the Associate signs this Agreement (including claims arising out of any act, omission, or relating event from the beginning of time up to the termination execution of this Agreement. Employee specifically acknowledges and agrees that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and any claims that he may now have or could have asserted against Employer. Employee specifically agrees to release all claims that against Employer under many different laws, including but not limited to: the Associate’s employment with Walmart). For illustration purposes and not as a limitationAge Discrimination in Employment Act, the claims the Associate is releasing include any claims for damagesOlder Workers Benefit Protection Act, costsand Executive Order 11141, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s statuswhich prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended; Section 1981 of the Civil Rights Act of 1991; the Equal Pay Act1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans With with Disabilities Act and Sections 503 and 504 of 1990, as amended; the Rehabilitation Act of 1973, as amendedwhich prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Age Discrimination in Employment Act, as amended (“ADEA”)Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA)1993; the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under any federal, state, or local law involving any tortlaws providing workers’ compensation benefits, employment contract (express prohibiting retaliatory or implied), public policy, wrongful discharge, retaliationotherwise restricting an employer’s right to terminate employees, and leaves or otherwise regulating employment; claims for breach of absence claimscontract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any claims related to emotional distressother federal, mental anguish, benefitsstate, or local tort or contract claim. Employee expressly waives all rights that he might have under any other claim brought under locallaw that is intended to protect him from waiving unknown claims. Employer hereby irrevocably and unconditionally releases, state acquits and discharges Employee from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred), of any nature whatsoever, whether known or federal lawunknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.

Release and Waiver of Claims. In exchange forconsideration of the benefits to be provided to Employee pursuant to this Agreement, Employee—including Employee’s heirs and in consideration ofassigns—hereby irrevocably and unconditionally releases, the paymentsacquits and discharges Employer and each of its past, benefitspresent and future elected officials, department heads, officers, employees, agents, representatives and other commitments described above, the Associate releases Walmart attorneys from any and all claims charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred), of any kindnature whatsoever, whether known or unknown, that arose up to and including the date the Associate signs this Agreement (including claims arising out of any act, omission, or relating event from the beginning of time up to the termination execution of this Agreement. Employee specifically acknowledges and agrees that Employee is releasing and giving up any right that Employee may now have under federal or state law or political subdivision thereof and any claims that Employee may now have or could have asserted against Employer. Employee specifically agrees to release all claims against Employer under many different laws, including but not limited to: the Associate’s employment with Walmart). For illustration purposes and not as a limitationAge Discrimination in Employment Act, the claims the Associate is releasing include any claims for damagesOlder Workers Benefit Protection Act, costsand Executive Order 11141, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s statuswhich prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended; Section 1981 of the Civil Rights Act of 1991; the Equal Pay Act1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans With with Disabilities Act and Sections 503 and 504 of 1990, as amended; the Rehabilitation Act of 1973, as amendedwhich prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Age Discrimination in Employment Act, as amended (“ADEA”)Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA)1993; the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under any federal, state, or local law involving any tortlaws providing workers’ compensation benefits, employment contract (express prohibiting retaliatory or implied), public policy, wrongful discharge, retaliationotherwise restricting an employer’s right to terminate employees, and leaves or otherwise regulating employment; claims for breach of absence claimscontract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any claims related to emotional distressother federal, mental anguish, benefitsstate, or local tort or contract claim. Employee expressly waives all rights that Employee might have under any other claim brought under locallaw that is intended to protect Employee from waiving unknown claims. Employer hereby irrevocably and unconditionally releases, state acquits and discharges Employee from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred), of any nature whatsoever, whether known or federal lawunknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.

Release and Waiver of Claims. In exchange forconsideration of the benefits provided in this Agreement, You release the Company, and in consideration ofany and all past, the paymentscurrent and future parent, benefitssubsidiary, related and other commitments described aboveaffiliated companies, the Associate releases Walmart predecessors and successors thereto, as well as their officers, directors, shareholders, agents, employees, affiliates, representatives, attorneys, insurers, successors and assigns, from any and all claims claims, liability, damages or causes of any kindaction whatsoever, whether known or unknown, that arose up to and including which exist or may in the date the Associate signs this Agreement (including claims future exist arising out of from or relating to events, acts or omissions on or before the termination Effective Date of the Associate’s employment with Walmart). For illustration purposes and not this Agreement, other than those rights which as a limitationmatter of law cannot be waived, or may represent post termination payments or benefits to be received pursuant to the claims the Associate Executive Employment Agreement by and between Company and You. You understand and acknowledge that this release includes, but is releasing include not limited to any claims claim for reinstatement , re-employment , damages, costs, attorneys’ attorney fees, expensesstock options (but on the exercise of any previously granted stock options), bonuses or additional compensation in any form, and any claim, including but not limited to those arising under tort, contract and local, state or any other monetary recovery. Furtherfederal statute, the Associate specifically waives and releases all claims he may have that arose up including but not limited to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; , the Post Civil War Civil Rights Act (42 U.S.C. 1981-88), the Equal Pay Act; the Americans With Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act, as amended (“ADEA”); the Americans with Disabilities Act, the Vietnam Era Veterans Readjustment Assistance Act, the Fair Labor Standards Act, the Family and Medical Leave Act (“FMLA”)of 1993, as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information NonUniformed Services Employment and Re-Discrimination Act; the Immigration Reform and Control employment Rights Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; and the National Labor Relations Act; civil rights, employment, and labor laws of any state and any regulation under such authorities relating to Your employment or association with the Fair Labor Standards Company or the termination of that relationship. You also acknowledge that you are waiving and releasing any rights You may have under the Age Discrimination in Employment Act (FLSA); ADEA) and that this waiver and release is knowing and voluntary. You acknowledge that (1) You have been, and hereby are, advised in writing to consult with an attorney prior to executing this Agreement, (2) as consideration for executing this Agreement, You have received additional benefits and compensation of value to which You would otherwise not be entitled, and (3) by signing this Agreement, You will not waive rights or claims under the Massachusetts Overtime Law; Act which may arise after the Massachusetts Payment execution of Wages Law; this Agreement, and (4) You have twenty- one (21) calendar days within which to consider this Agreement and in the Massachusetts Fair Employment Practices Act; event You sign the New Jersey Conscientious Employee Protection ActAgreement prior to twenty-one (21) days, N.J.S.A. 34:19-1You do so voluntarily. Once You have accepted the terms of this Agreement, et seq.; You will have an additional seven (7) calendar days in which to revoke such acceptance. To revoke, You must send a written statement of revocation to the New Jersey Law Against Discrimination; Vice President of Human Resources. If You revoke within seven (7) days, You will receive no benefits under this Agreement. In the West Virginia Human Rights Actevent You do not exercise your right to revoke this Agreement, W. Va. CSR §77-6-3; the California Fair Employment Agreement shall become effective on the date immediately following the seven day (7) waiting period described above. This release does not waive any rights You may have under any directors and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders officers insurance or indemnity provision, agreement or policy in effect as of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200Termination Date, et seqnor does it affect vested rights You may have under any equity-based compensation plan, retirement plan, 401(k) plan or other benefits plan.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract (express or implied), public policy, wrongful discharge, retaliation, and leaves of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal law.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Retention and Incentive Bonus Agreement dated February 10, 2005 (the “Agreement”), to which this form is attached, I, the undersigned, hereby furnish Copper Mountain Networks, Inc. (the “Company”), with the following release and waiver (“Release and Waiver”): In exchange forfor the consideration provided to me by the Agreement that I am not otherwise entitled to receive, I hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and in consideration of, the payments, benefits, and other commitments described above, the Associate releases Walmart assigns from any and all claims of any kindclaims, whether liabilities and obligations, both known or and unknown, that arose up arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and including the date the Associate signs this Agreement Waiver. This general release includes, but is not limited to: (including 1) all claims arising out of or relating 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 Associate’s employment with Walmart). For illustration purposes and Company, including, but not as a limitationlimited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the claims the Associate is releasing include any Company; (3) all claims for damagesbreach of contract, costswrongful 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, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to under the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the federal Civil Rights Act of 1964, 1964 (as amended; ), the Civil Rights Act of 1991; the Equal Pay Act; the federal Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the federal Age Discrimination in Employment Act, Act of 1967 (as amended amended) (“ADEA”); the Family , and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders Act (as amended). I also acknowledge that I have read and understand Section 1542 of the California Industrial Welfare CommissionCivil Code which reads 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.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims I may have against the Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the 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) the release and waiver granted herein does not relate to claims under the ADEA which may arise after this Release and Waiver is executed; the California Unfair Business Practices law (Cal. Bus. b) I should consult with an attorney prior to executing this Release and Prof. Code Sec. 17200, et seq.Waiver; (c) I have twenty-one (21) days in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); California WARN (CA Labor Code Section 1400-1408)d) I have seven (7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract (express or impliede) this Release and Waiver shall not be effective until the eighth day after I execute this Release and Waiver and the revocation period has expired (the “Effective Date”), public policy, wrongful discharge, retaliation, and leaves of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal law.

Release and Waiver of Claims. In exchange for(a) Executive irrevocably and unconditionally releases, acquits and in consideration of, the payments, benefits, forever discharges Releasees of and other commitments described above, the Associate releases Walmart from any and all claims charges, complaints, claims, causes of action, suits and debts, of whatever nature, related in any kindway to Executive's employment by any Releasee or termination thereof, occurring or accruing on or before the date Executive executes this Agreement, whether known or unknown, asserted or unasserted, that arose up Executive now has, may have, or claims to have against the Company or any of the other Releasees. This includes any and including the date the Associate signs this Agreement all such claims or causes of action that Executive could make on Executive's own behalf, but also those that may or could be brought by any person or entity on Executive's behalf. (including b) The release and waiver set forth in Section 6(a) includes, but is not limited to, any claims arising out of under any federal, state or relating local statutes, regulations, ordinances or common laws, specifically including, but not limited to the termination of the Associate’s employment with Walmart). For illustration purposes (and not in each case as a limitation, the claims the Associate is releasing include any claims for damages, costs, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he it may have that arose up to and including been amended): the date Age Discrimination in Employment Act ("ADEA"); the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s statusOlder Workers' Benefit Protection Act; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act; the Americans With Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act, as amended (“ADEA”); the Family and Medical Leave Act (“FMLA”), as amendedAct; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Americans with Disabilities Act of 1990; the Occupational Safety and Health Act; the Fair Labor Standards Equal Pay Act (FLSA)of 1963; the Massachusetts Overtime LawConsolidated Omnibus Budget Reconciliation Act of 1985; the Massachusetts Payment Health Insurance Portability and Accountability Act of Wages Law1996; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders Section 503 of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408)Rehabilitation Act of 1973; and all any common law claims, including but not limited to those alleging wrongful discharge, intentional or negligent infliction of emotional distress, breach of contract, promissory or equitable estoppel, discrimination, defamation, invasion of privacy, negligence, breach of duty and/or claims for attorney's fees, punitive, compensatory and liquidated damages, expenses or costs. (c) Notwithstanding Sections 6(a) and (b), the release set forth therein does not and is not intended to (i) release any claims that cannot be released by law, such as claims for workers compensation benefits, or (ii) preclude Executive from seeking a judicial determination of the validity of the release of Executive's rights under the Age Discrimination in Employment Act. (d) Notwithstanding Sections 6(a) and (b), Executive retains the right to file a charge or complaint with any federal, state or local statutesgovernmental agency, ordinancesincluding, but not limited to, the Equal Employment Opportunity Commission, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, stateto provide testimony or assistance with respect to, or local law involving otherwise participate in, any tortinvestigation, employment contract (express proceeding or implied), public policy, wrongful discharge, retaliation, and leaves of absence claims; and hearing conducted by any claims related to emotional distress, mental anguish, benefits, or any other claim brought under localsuch federal, state or federal lawlocal governmental agency. However, Executive waives any right to monetary or other recovery should any federal, state or local governmental agency pursue any claim on Executive's behalf relating in any way to Executive's employment by any Releasee or termination thereof, or to any of the claims that are otherwise subject to the release and waiver of claims set forth in this Agreement. (e) Notwithstanding Sections 6(a) and (b), the release, waiver and other provisions of this Agreement do not diminish or otherwise adversely impact any vested benefits to which Executive might be entitled pursuant to any employee benefit plan maintained by the Company.

Release and Waiver of Claims. In exchange forconsideration of the payments and other benefits set forth in the Change of Control Agreement dated July 14, 2006, between Dot Hill Systems Corp. (the “Company”) and Hxxxx X. Xxxxx (“Employee”), to which this form is attached, Employee hereby furnishes the Company with the following release and waiver. Employee hereby releases, and in consideration offorever discharges the Company, the paymentsits officers, benefitsdirectors, agents, employees, stockholders, successors, assigns and other commitments described aboveaffiliates, the Associate releases Walmart of and from any and all claims claims, liabilities, demands, causes of any kind, whether known or unknown, that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart). For illustration purposes and not as a limitation, the claims the Associate is releasing include any claims for damagesaction, costs, expenses, attorneys’ fees, expensesdamages, compensation indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising at any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up time prior to and including the Employee’s employment termination date the Associate signs this Agreement (including with respect to any claims arising out of or relating to Employee’s employment and the termination of Employee’s employment, including but not limited to, claims pursuant to any federal, state or local law relating to employment, including, but not limited to, discrimination claims, claims under the Associate’s employment with Walmart) regarding veteran’s status; Title VII of California Fair Employment and Housing Act, and the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act; the Americans With Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Federal Age Discrimination in Employment ActAct of 1967, as amended (“ADEA”); , the Family and Medical Leave Federal Americans with Disabilities Act (“FMLAAD”)) or claims for wrongful termination, breach of the covenant of good faith, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock, stock options, vacation pay, fringe benefits, severance pay or any form of compensation. Employee also acknowledges that Employee has read and understood Section 1542 of the California Civil Code which reads 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.” Employee hereby expressly waives and relinquishes all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims Employee may have against the Company. Employee acknowledges that, among other rights, Employee is waiving and releasing any rights Employee may have under ADEA, that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee has been advised, as amended; Sections 1981 through 1988 of Title 42 of required by the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Older Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Benefit Protection Act, N.J.S.A. 34:19-1, et seq.that: (a) the waiver and release granted herein does not relate to claims which may arise after this release and waiver is executed; (b) Employee has the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment right to consult with an attorney prior to executing this release and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law waiver (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408although Employee may choose voluntarily not to do so); and all state (c) if on the date of execution of this release and waiver Employee is age 40 or local statutesolder, ordinancesthen (I) Employee has twenty-one (21) days from the date Employee receives this release and waiver, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract in which to consider this release and waiver (express or impliedalthough Employee may choose voluntarily to execute this release and waiver earlier), public policy, wrongful discharge, retaliation, and leaves of absence claims; and any claims related (II) Employee has seven (7) days following the execution of this release and waiver to emotional distressrevoke Employee’s consent to this release and waiver. This release and waiver shall be effective as of the date of execution hereof; provided that if on the date of execution of this release and waiver Employee is age 40 or older, mental anguish, benefits, or any other claim brought under local, state or federal law.then this release and waiver shall not be effective until the foregoing seven (7) day revocation period has expired. The date as of which this release and waiver is effective as aforesaid shall be deemed the “Effective Date” hereof. Date: By:

Release and Waiver of Claims. In exchange forXx. Xxxxxxx, on behalf of himself, his agents and attorneys, and in consideration ofthe respective heirs, executors, administrators, successors and assigns of each of the paymentsforegoing, benefitshereby releases and forever discharges, Ener1, and other commitments described aboveits current and former parents, subsidiaries, divisions, affiliates, successors, assigns, and benefit plans and any and all of their current or former representatives, agents, attorneys, shareholders, officers, directors, employees, plan administrators, and benefit claim and appeal committees, both individually and in their official capacities (the Associate releases Walmart foregoing persons and entities, both individually and collectively, being referred to hereafter as the “Releasees”) from any and all causes of action, claims of or demands, in law or in equity, which Xx. Xxxxxxx ever had, now has, or which may arise in the future, regarding any kind, whether known matter arising on or unknown, that arose up to and including before the date of this Agreement. The claims released include, but are not limited to: a. all claims which were or could have been asserted by Xx. Xxxxxxx against any of the Associate signs this Agreement (including Releasees; b. all claims arising out of or relating to Xx. Xxxxxxx’x employment with Ener1 or the termination of the Associate’s employment with Walmart). For illustration purposes and that employment, including but not as a limitationlimited to, the claims the Associate is releasing include any claims for damagesarising under the Fair Labor Standards Act, costs, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act; Act of 1963, the Age Discrimination in Employment Act of 1967 ("ADEA"), the Older Workers Benefit Protection Act ("OWBPA"), the Americans With Disabilities Act of 1990, as amended; the Rehabilitation Civil Rights Act of 1973, as amended; the Age Discrimination in Employment Act, as amended 1866 (“ADEA”); the Family and Medical Leave Act (“FMLA”42 U.S.C. § 1981), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Civil Rights Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); 1991, the Employee Retirement Income Security Act of 1974, as amended; the Family and Medical Leave Act of 1993, the National Labor Relations Act; , the Fair Labor Standards Worker Adjustment and Retraining Notification Act of 1988, and the Indiana Civil Rights Law (FLSAall as amended from time to time); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and ; c. all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters claims arising under federalthe United States Constitution or any state constitution; d. all claims arising under any Executive Order or derived from or based upon any federal regulations; e. all common law claims, stateincluding but not limited to, or local law involving any tort, employment contract (express or implied), public policy, claims for wrongful discharge, retaliationpublic policy claims, retaliation claims, claims for breach of an express or implied contract, claims for breach of an implied covenant of good faith and fair dealing, intentional infliction of emotional distress, defamation, conspiracy, loss of consortium, tortious interference with contract or prospective economic advantage, and leaves negligence; f. all claims for any compensation including back wages, front pay, bonuses or awards, fringe benefits, reinstatement, retroactive seniority, pension benefits, stock options, or any other form of absence claimseconomic loss; provided, however, that this release does not apply to any vested employee benefits which Xx. Xxxxxxx may have, if any, which benefits shall be governed by the terms and any conditions of the applicable plan documents; g. all claims related to emotional distressfor personal injury, including physical injury, mental anguish, emotional distress, pain and suffering, embarrassment, humiliation, damage to name or reputation, liquidated damages, and punitive damages; and h. all claims for costs, attorneys' fees and interest on behalf of Xx. Xxxxxxx and all of the attorneys who have represented Xx. Xxxxxxx. To the extent any statutes or laws exist which exclude from the scope of the foregoing general release any claims not presently known to Xx. Xxxxxxx (e.g., Section 1542 of the California Civil Code), Xx. Xxxxxxx hereby waives and relinquishes all rights and benefits Xx. Xxxxxxx may have under any such statutes or laws to the extent that Xx. Xxxxxxx may lawfully do so, and acknowledges and agrees that this waiver is an essential part of this Agreement. Xx. Xxxxxxx further acknowledges that this Agreement has been negotiated and agreed to in light of such possible rights and benefits, or any other claim brought under local, state or federal lawand that Xx. Xxxxxxx took that into account in agreeing to execute this Agreement.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Section 4.2 of the Employment Agreement dated October 12, 2009, (the “Employment Agreement”), to which this form is attached, I, Xxxxx X. Xxxxxx, hereby furnish Pure Bioscience (the “Company”), with the following release and waiver (“Release and Waiver”). In exchange forfor the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, I hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, Affiliates, and in consideration of, the payments, benefits, and other commitments described above, the Associate releases Walmart assigns from any and all claims of any kindclaims, whether liabilities and obligations, both known or and unknown, that arose up arise out of or are in any way related to events, acts, conduct, or omissions occurring relating to my employment or the termination thereof prior to my signing this Release and including the date the Associate signs this Agreement Waiver. This general release includes, but is not limited to: (including 1) all claims arising out of or relating 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 Associate’s employment with Walmart). For illustration purposes and Company, including, but not as a limitationlimited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the claims the Associate is releasing include any Company; (3) all claims for damagesbreach of contract, costswrongful 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, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to under the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the federal Civil Rights Act of 1964, 1964 (as amended; ), the Civil Rights Act of 1991; the Equal Pay Act; the federal Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the federal Age Discrimination in Employment Act, Act of 1967 (as amended amended) (“ADEA”); the Family , and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; 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 California Family Rights ActCompany; as a shareholder of the California Labor Code; the Wage Orders 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 Industrial Welfare CommissionCivil Code 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 debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims I may have against the Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the 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 California Unfair Business Practices law date of termination of my employment with the Company in which to consider this Release and Waiver (Cal. Bus. although I may choose voluntarily to execute this Release and Prof. Code Sec. 17200, et seq.Waiver earlier); California WARN (CA Labor Code Section 1400-1408)d) I have seven (7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and all state (e) 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 subject matter hereof. I am not relying on any promise or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract (express or implied), public policy, wrongful discharge, retaliation, representation by the Company that is not expressly stated herein. This Release and leaves Waiver may only be modified by a writing signed by both me and a duly authorized officer of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal lawthe Company. Date: By: XXXXX X. XXXXXX .

Release and Waiver of Claims. In exchange forconsideration of the payments and other benefits described in the Employment Agreement dated March 1, 2002, to which this form is attached, I, XXXX XXXXXXX, hereby furnish SORRENTO NETWORKS CORPORATION. (the "Company"), with the following release and waiver ("Release and Waiver"). I hereby release, and in consideration offorever discharge the Company, the paymentsits officers, benefitsdirectors, agents, employees, stockholders, successors, assigns, affiliates and other commitments described abovebenefit plans, the Associate releases Walmart of and from any and all claims claims, liabilities, demands, causes of any kindaction, whether costs, expenses, attorneys' fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known or and unknown, that arose up suspected and unsuspected, disclosed and undisclosed, arising at any time prior to and including the my employment termination date the Associate signs this Agreement (including with respect to any claims arising out of or relating to my employment or the termination of my employment, including but not limited to claims pursuant to any federal, state or local law relating to employment, such as discrimination claims under the Associate’s employment with Walmart). For illustration purposes California Fair Employment and not as a limitationHousing Act, the claims the Associate is releasing include any claims for damagesFederal Age Discrimination in Employment Act of 1967, costsas amended ("ADEA"), attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the Civil Rights Act of 1964, or claims for wrongful termination, breach of the covenant of good faith and fair dealing, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock, stock options, vacation pay, fringe benefits, severance pay or any form of compensation. In releasing claims unknown to me at present, I am waiving all rights and benefits under Section 1542 of the California Civil Code, and any 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, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." I acknowledge that, among other rights, I am waiving and releasing any rights I may have under the ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which I was already entitled as amended; an Executive of the Civil Rights Act of 1991; the Equal Pay Act; the Americans With Disabilities Act of 1990Company. I further acknowledge that I have been advised, as amended; required by the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act, as amended (“ADEA”); the Family and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Older Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Benefit Protection Act, N.J.S.A. 34:19-1, et seq.that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; (b) I have the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment right to consult with an attorney prior to executing this release and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law waiver (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408although I may choose voluntarily not to do so); and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract if I am over 40 years old upon execution of this (express or impliedc), public policy, wrongful discharge, retaliation, and leaves of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal law.

Release and Waiver of Claims. In exchange for, I elect to receive the benefits specified under Section 3 of this Agreement and understand that the benefits are being paid in consideration offor my release and waiver of claims as set forth below. I understand that, as provided in the paymentsOlder Workers Benefit Protection Act of 1990, benefits, and other commitments described above, I have the Associate releases Walmart from any and all claims of any kind, whether known or unknownright to consult with an attorney before signing this Agreement, that arose I have a period of up to and including the date the Associate signs at least 21 calendar days in which to consider this Agreement, that I may revoke this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart). For illustration purposes within seven calendar days after signing it and not as a limitation, the claims the Associate is releasing include any claims for damages, costs, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (is not effective or enforceable until expiration of that seven-day period. I understand that there are various local, state and federal laws that govern any employment relationship with the Company, including claims arising out but not limited to laws that prohibit discrimination on the basis of age, color, race, gender, sexual orientation, marital status, national origin, mental or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s physical disability, religious affiliation or veteran status; . Such laws include, but are not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act; the Americans With Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act, as amended (“ADEA”); the Family and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Americans with Disabilities Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; . By signing this Agreement, I intend to give up any rights I may have under these or any other laws with respect to my employment and to the termination of my employment with the Company. I agree that the benefits set forth in Section 3 are in full satisfaction of any claims, liabilities, demands or causes of action, known or unknown, that I and my heirs, successors and assigns ever had, now have or may claim to have had against the Company or any parents, subsidiaries, directors, officers, employees or agents of the Company, as of the date of this Agreement, excepting claims for vested benefits based on my employment, claims for workers’ compensation insurance or unemployment insurance benefits. Any such claims whether for discrimination, including but not limited to claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the California Family Rights Fair Employment and Housing Act; the California Labor Code; the Wage Orders , and claims for wrongful termination, breach of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200contract, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract (express or implied), breach of public policy, wrongful discharge, retaliation, and leaves of absence claims; and any claims related to emotional distress, physical or mental anguish, benefits, harm or distress or any other claim brought under localclaims, state are hereby released and I agree and promise that I will not file any lawsuit or federal lawadministrative complaint asserting any such claims, with the exception that I understand that nothing in this Agreement prohibits me from filing a charge or complaint, including a challenge to the validity of this release of claims, with the Equal Opportunity Employment Commission (“EEOC”) or participating in any investigation or proceeding conducted by the EEOC.

Release and Waiver of Claims. In exchange forCPNO is making the payments hereunder and providing Xxxx with the other valuable consideration identified in Paragraph 1 and acknowledged by Xxxx hereby in consideration of Xxxx’x acknowledgement and agreement with respect to Confidential Information (defined below); Xxxx’x agreement not to compete with any Service Recipient during the time that this Agreement is in effect or for a one-year period following his resignation from employment, whichever is longer; and Xxxx’x acknowledgement and agreement (on behalf of himself, his affiliates, heirs, agents, and in consideration ofassigns) that he knowingly, voluntarily and irrevocably releases CPNO and Copano and all of their affiliated entities and personnel, including but not limited to their respective past, present and future directors, managers, officers, agents and employees (collectively, the payments, benefits, and other commitments described above, the Associate releases Walmart “Released Parties”) from any and all claims claims, rights, actions, causes of any kindaction, whether demands, suits, agreements, obligations or liabilities of whatever kind or nature, known or unknown, that arose up to and including liquidated or non-liquidated, contingent or absolute, arising out of federal, state, local or at common law, which Xxxx ever had, now has or may have against the date the Associate signs this Agreement (including claims Released Parties, arising out of or relating in any way to the termination Xxxx’x employment with, previous work for, or separation from, CPNO, or any of the Associate’s employment with Walmart)Released Parties. For illustration purposes and not as a Without limitation, the this release and waiver of claims the Associate is releasing include any claims for damages, costs, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases includes (i) all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s status; under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay ActEmployee Retirement Security Act of 1974; the Americans With Disabilities Fair Labor Standards Act of 1990, as amended; the Rehabilitation Act of 19731938, as amended; the Age Discrimination in Employment Act, as amended (“ADEA”); the Older Workers Benefit Protection Act; the Americans with Disabilities Act; the Family and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Labor Management Relations Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amendedTexas Commission on Human Rights Act; the Texas Workers’ Compensation Act; the Texas Labor Code; any applicable other relevant state WARN-like statutelaw; the Occupational Safety and Health Act; (ii) all other federal, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutesconstitutional, ordinancesstatutory or common law claims or actions that are permitted to be waived in this context and that in any way refer to or arise out of Xxxx’x employment with, previous work for, or regulations regarding anti-discrimination employment lawsseparation from CPNO or any of the Released Parties; (iii) all claims of breach of contract, as well as all matters arising under federal, statesounding in tort, or local law involving any tort, employment contract (express or implied), public policy, of wrongful discharge, retaliation, and leaves of absence claims; and (iv) all claims to any claims related compensation, including but not limited to emotional distressany rights to any salary, mental anguish, benefitsbonus, or severance payments. By signing this Agreement, Xxxx expressly agrees and understands that he is giving to the Released Parties a general release and waiver of any other claim brought under local, state or federal lawand all such claims that Xxxx may have against any of the Released Parties.

Release and Waiver of Claims. This Release and Waiver of Claims (this “Release”) is entered into and delivered to Vivint Smart Home, Inc. (the “Company”) as of this [●] day of , 202[_], by Xxxxx Xxxxxxx (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 , 202[_] (the “Termination Date”) pursuant to Section [ ] of the Amended and Restated Employment Agreement between the Company and Executive dated February [-], 2022 (“Employment Agreement”). 2. In exchange for, and in consideration of, of the payments, benefitsrights and benefits provided for in Section [5(c)(ii)(C) or Sections 5(d)(ii)(B) and 5(d)(ii)(C)] of the Employment Agreement (collectively, and other commitments described aboveas applicable, the Associate “Separation Terms”) and this Release, the 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 “Employee Releasing Parties”), hereby releases Walmart and forever discharges the Company Released Parties (as defined below), from any and all claims claims, charges, causes of action, obligations, expenses, damages of any kindkind (including attorneys’ fees and costs actually incurred) or demands, in law or in equity, whether known or unknown, that arose up which may have existed or which may now exist from the beginning of time to and including the date the Associate signs of this Agreement (including claims Release, arising out of from or relating to the termination of the AssociateExecutive’s employment or termination from employment with Walmart). For illustration purposes and not as the Company or otherwise, including a limitation, the release of any rights or claims the Associate is releasing include any claims for damages, costs, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he Executive may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s status; under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Age Discrimination in Employment Act of 1967, as amended (the “ADEA”); the Older Workers Benefit Protection Act; the Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act, as amended (“ADEA”); the Family and Medical Leave Act (“FMLA”), as amendedof 1993; Sections Section 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Civil Rights Act of 20021866; Section 1985(3) of the Consolidated Omnibus Budget Reconciliation Civil Rights Act (COBRA)of 1871; the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Actany other federal, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutes, ordinances, laws against discrimination; or regulations regarding anti-discrimination employment laws, as well as all matters arising under any other federal, state, or local statute, regulation or common law involving relating to employment, wages, hours, or any tort, employment 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, wrongful dischargetort or otherwise. For purposes hereof, retaliation“Company Released Parties” shall mean the Company and any of its past or present employees, agents, insurers, attorneys, administrators, officials, directors, shareholders, divisions, parents, members, subsidiaries, affiliates, predecessors, successors, employee benefit plans, and leaves of absence claims; and any claims related to emotional distressthe sponsors, mental anguish, benefitsfiduciaries, or administrators of the Company’s employee benefit plans; provided, that, Company Released Parties in respect of any other claim brought under localpast or present employees, state or federal lawagents, insurers, attorneys, administrators, shareholders, sponsors, fiduciaries, and administrators shall only be in their capacities as such.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Section 4.2 of the Employment Agreement effective as of November 5, 2012, (the “Employment Agreement”), to which this form is attached, I, Xxxxx X. Xxxxx, hereby furnish Pure Bioscience, Inc. (the “Company”), with the following release and waiver (“Release and Waiver”). In exchange forfor the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, I hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, Affiliates, and in consideration of, the payments, benefits, and other commitments described above, the Associate releases Walmart assigns from any and all claims of any kindclaims, whether liabilities and obligations, both known or and unknown, that arose up arise out of or are in any way related to events, acts, conduct, or omissions occurring relating to my employment or the termination thereof prior to my signing this Release and including the date the Associate signs this Agreement Waiver. This general release includes, but is not limited to: (including 1) all claims arising out of or relating 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 Associate’s employment with Walmart). For illustration purposes and Company, including, but not as a limitationlimited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the claims the Associate is releasing include any Company; (3) all claims for damagesbreach of contract, costswrongful 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, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to under the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the federal Civil Rights Act of 1964, 1964 (as amended; ), the Civil Rights Act of 1991; the Equal Pay Act; the federal Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the federal Age Discrimination in Employment Act, Act of 1967 (as amended amended) (“ADEA”); the Family , and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; 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 California Family Rights ActCompany; as a shareholder of the California Labor Code; the Wage Orders 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 Industrial Welfare CommissionCivil Code 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 debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims I may have against the Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the 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 California Unfair Business Practices law date of termination of my employment with the Company in which to consider this Release and Waiver (Cal. Bus. although I may choose voluntarily to execute this Release and Prof. Code Sec. 17200, et seq.Waiver earlier); California WARN (CA Labor Code Section 1400-1408)d) I have seven (7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and all state (e) 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 subject matter hereof. I am not relying on any promise or local statutesrepresentation by the Company that is not expressly stated herein. This Release and Waiver may only be modified by a writing signed by both me and a duly authorized officer of the Company. Date: November 5, ordinances2012 By: /s/ Xxxxx X. Xxxxx XXXXX X. XXXXX In consideration of my employment or continued employment by PURE Bioscience, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract Inc. (express or impliedthe "Company"), public policyand the compensation now and hereafter paid to me, wrongful dischargeI hereby agree as follows, retaliationeffective as of November 5, and leaves of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal law.2012:

Release and Waiver of Claims. In exchange forXx. Xxxxxxx, on behalf of himself, his agents and attorneys, and in consideration ofthe respective heirs, executors, administrators, successors and assigns of each of the paymentsforegoing, benefitshereby releases and forever discharges, Ener1, and other commitments described aboveits current and former parents, subsidiaries, divisions, affiliates, successors, assigns, and benefit plans and any and all of their current or former representatives, agents, attorneys, shareholders, officers, directors, employees, plan administrators, and benefit claim and appeal committees, both individually and in their official capacities (the Associate releases Walmart foregoing persons and entities, both individually and collectively, being referred to hereafter as the “Releasees”) from any and all causes of action, claims of or demands, in law or in equity, which Xx. Xxxxxxx ever had, now has, or which may arise in the future, regarding any kind, whether known matter arising on or unknown, that arose up to and including before the date of this Release. The claims released include, but are not limited to: a. all claims which were or could have been asserted by Xx. Xxxxxxx against any of the Associate signs this Agreement (including Releasees; b. all claims arising out of or relating to Xx. Xxxxxxx’x employment with Ener1 or the termination of the Associate’s employment with Walmart). For illustration purposes and that employment, including but not as a limitationlimited to, the claims the Associate is releasing include any claims for damagesarising under the Fair Labor Standards Act, costs, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act; Act of 1963, the Age Discrimination in Employment Act of 1967 ("ADEA"), the Older Workers Benefit Protection Act ("OWBPA"), the Americans With Disabilities Act of 1990, as amended; the Rehabilitation Civil Rights Act of 1973, as amended; the Age Discrimination in Employment Act, as amended 1866 (“ADEA”); the Family and Medical Leave Act (“FMLA”42 U.S.C. § 1981), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Civil Rights Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); 1991, the Employee Retirement Income Security Act of 1974, as amended; the Family and Medical Leave Act of 1993, the National Labor Relations Act; , the Fair Labor Standards Worker Adjustment and Retraining Notification Act of 1988, and the Indiana Civil Rights Law (FLSAall as amended from time to time); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and ; c. all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters claims arising under federalthe United States Constitution or any state constitution; d. all claims arising under any Executive Order or derived from or based upon any federal regulations; e. all common law claims, stateincluding but not limited to, or local law involving any tort, employment contract (express or implied), public policy, claims for wrongful discharge, retaliationpublic policy claims, retaliation claims, claims for breach of an express or implied contract, claims for breach of an implied covenant of good faith and fair dealing, intentional infliction of emotional distress, defamation, conspiracy, loss of consortium, tortious interference with contract or prospective economic advantage, and leaves negligence; f. all claims for any compensation including back wages, front pay, bonuses or awards, fringe benefits, reinstatement, retroactive seniority, pension benefits, stock options, or any other form of absence claimseconomic loss; provided, however, that this release does not apply to any vested employee benefits which Xx. Xxxxxxx may have, if any, which benefits shall be governed by the terms and any conditions of the applicable plan documents; g. all claims related to emotional distressfor personal injury, including physical injury, mental anguish, emotional distress, pain and suffering, embarrassment, humiliation, damage to name or reputation, liquidated damages, and punitive damages; and h. all claims for costs, attorneys' fees and interest on behalf of Xx. Xxxxxxx and all of the attorneys who have represented Xx. Xxxxxxx. To the extent any statutes or laws exist which exclude from the scope of the foregoing general release any claims not presently known to Xx. Xxxxxxx (e.g., Section 1542 of the California Civil Code), Xx. Xxxxxxx hereby waives and relinquishes all rights and benefits Xx. Xxxxxxx may have under any such statutes or laws to the extent that Xx. Xxxxxxx may lawfully do so, and acknowledges and agrees that this waiver is an essential part of this Release. Xx. Xxxxxxx further acknowledges that this Release has been negotiated and agreed to in light of such possible rights and benefits, or any other claim brought under local, state or federal lawand that Xx. Xxxxxxx took that into account in agreeing to execute this Release.

Release and Waiver of Claims. a. In exchange forconsideration of your receipt and acceptance of the Payments and benefits above and the other promises made by the Company in this Agreement, you, on behalf of yourself and your heirs, executors, administrators, successors and assigns, unconditionally and generally release the Company, its parents, affiliates, subsidiaries, related entities, and its and their current and former owners, officers, directors, insurers, agents and employees (“Releasees”) from or in consideration of, the payments, benefitsconnection with, and other commitments described aboveyou hereby waive and/or settle, the Associate releases Walmart from with prejudice, any and all causes of action, suits, controversies, or any liability, claims or demands, known or unknown and of any kindnature whatsoever and which you ever had, whether known now have or unknownshall or may have as of the date of this Agreement, including, without limitation, those arising directly or indirectly pursuant to or out of any aspect of your employment with the Company, including the separation thereof. b. Specifically, to the maximum extent permitted by law, and without limitation of the foregoing, the release and waiver of claims under this Agreement shall include and apply to any rights and/or claims (i) arising under any contract or employment arrangement, express or implied, written or oral; (ii) for wrongful dismissal or termination of employment; (iii) arising under any applicable federal, state, local or other statutes, orders, laws, ordinances, regulations or the like, or case law, that arose up relate to and including the date the Associate signs this Agreement (including claims arising out of employment or relating to the termination of the Associate’s employment with Walmart). For illustration purposes and practices, including, but not as a limitationlimited to, the claims the Associate is releasing include any claims for damagesthose that prohibit discrimination based upon age, costsrace, attorneys’ feesreligion, expensessex, compensation national origin, disability or any other monetary recovery. Furtherunlawful bases, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of without limitation, the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; , the Equal Pay Act; Civil Rights Acts of 1866 and 1871, the Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act of 1967, the Older Workers Benefit Protection Act, as amended (“ADEA”); the Family and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control National Labor Relations Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, the Worker Adjustment and Relocation Notice Act, the Vietnam Era Veterans’ Readjustment Assistance Act, the New York Labor Law, the New York State Human Rights Law, the New York City Human Rights Law, all as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1and any other statutes, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Actorders, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statuteslaws, ordinances, or regulations regarding anti-discrimination employment lawsapplicable to your employment, as well as all matters of any state or city in which any Releasee is subject to jurisdiction, and/or any political subdivision thereof; (iv) arising under any other federal, state, local or local law involving other statutes, orders, laws, ordinances, regulations or the like, or case law; (v) for tortious or harassing conduct, infliction of mental distress, interference with contract, unjust enrichment, fraud, libel or slander; and (vi) for damages, including without limitation, punitive or compensatory damages, or for attorneys’ fees, expenses, costs, wages, injunctive or equitable relief. You affirm you have not been denied leave under FMLA or any tortother paid or unpaid leave statute. c. You and the Company acknowledge that the above release and waiver of claims shall not apply to (i) the obligation of the Company to provide the consideration described above in accordance with the terms of this Agreement; (ii) your vested benefits pursuant to applicable plans, employment contract if any; (express iii) your right to continue healthcare insurance under COBRA; (iv) your right to receive benefits for occupational illness or implied)injury under the Workers’ Compensation Law; (v) your right to receive unemployment benefits; (vi) your right to pursue any rights or claims that arise after you sign this Agreement; (vii) any rights you may have to indemnification pursuant to the Company’s organizational documents and the Indemnification Agreement between you and the Company dated June 14th, public policy2016, wrongful dischargewhich form shall survive termination of employment; and (viii) any other claims that, retaliationunder controlling law, may not be released by private settlement. d. The Company on its behalf, its successors and assigns, in consideration of the terms of this Agreement, releases you, your heirs and executors (“Releasees”) from or in connection with, and leaves the Company hereby waives and/or settles, with prejudice, any and all causes of absence claims; and any claims related to emotional distressaction, mental anguishsuits, benefitscontroversies, or any liability, claims or demands, known or unknown and of any nature whatsoever and which the Company ever had, now has or shall or may have as of the date of this Agreement, including, without limitation, those arising directly or indirectly pursuant to or out of any aspet of your employment with the Company, including the separation thereof. Notwithstanding, nothing contained herein shall be deemed a waiver or release of any of your ongoing obligations under this Agreement or other claim brought under localagreements referred herein, state inter alia the Equity Plan Agreements, Letter Agreement or federal lawIndemnification Agreement.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Section 4.4 of the Amended and Restated Employment Agreement dated September 1, 2008 (the “Employment Agreement”), to which this form is attached, I, Xxxxxx Xxxxxx, hereby furnish TorreyPines Therapeutics, Inc. (the “Company”), with the following release and waiver (“Release and Waiver”): In exchange forfor the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, I hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and in consideration of, the payments, benefits, and other commitments described above, the Associate releases Walmart assigns from any and all claims of any kindclaims, whether liabilities and obligations, both known or and unknown, that arose up arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and including the date the Associate signs this Agreement Waiver. This general release includes, but is not limited to: (including 1) all claims arising out of or relating 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 Associate’s employment with Walmart). For illustration purposes 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, except to the extent that such claims cannot be released pursuant to the California Labor Code, including, but not limited to, sections 2802 and not as a limitation, the claims the Associate is releasing include any 206.5; (3) all claims for damagesbreach of contract, costswrongful 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, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to under the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the federal Civil Rights Act of 1964, 1964 (as amended; ), the Civil Rights Act of 1991; the Equal Pay Act; the federal Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the federal Age Discrimination in Employment Act, Act of 1967 (as amended amended) (“ADEA”); the Family , and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders Act (as amended). I also acknowledge that I have read and understand Section 1542 of the California Industrial Welfare CommissionCivil Code 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 debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims I may have against the Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the 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. 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; the California Unfair Business Practices law (Cal. Bus. b) I should consult with an attorney prior to executing this Release and Prof. Code Sec. 17200, et seq.Waiver; (c) I have twenty-one (21) days in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); California WARN (CA Labor Code Section 1400-1408)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) this Release and Waiver shall not be effective until the eighth day after I execute this Release and Waiver and the revocation period has expired unexercised (the “Effective Date”). I acknowledge and agree to my continuing obligations under my Proprietary Information and Inventions Agreement, a copy of which is attached to the Employment Agreement. I understand and agree that my right to the severance pay I am receiving in exchange for my agreement to the terms of this Release and Waiver is contingent upon my continued compliance with my Proprietary Information and Inventions Agreement. I represent that I have not filed any claims against the Company, and agree that, except as such waiver may be prohibited by statute, I will not file any claim against the Company or seek any compensation for any claim other than the payments and benefits referenced herein. I agree to indemnify and hold the Company harmless from and against any and all state loss, cost, and expense, including, but not limited to court costs and attorney’s fees, arising from or local statutesin connection with any action which may be commenced, ordinancesprosecuted, or regulations regarding anti-discrimination employment lawsthreatened by me or for my benefit, as well as all matters arising under federal, stateupon my initiative, or local law involving with my aid or approval, contrary to the provisions of this Release and Waiver. This Release and Waiver, including any tortreferenced documents, employment contract (express constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or implied), public policy, wrongful discharge, retaliation, representation by the Company that is not expressly stated herein. This Release and leaves Waiver may only be modified by a writing signed by both me and a member of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal law.the Board of Directors of the Company. Date: By:

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Section 4.4 of the Amended and Restated Employment Agreement dated September 1, 2008 (the “Employment Agreement”), to which this form is attached, I, Xxxxxx Xxxxxx, hereby furnish TorreyPines Therapeutics, Inc. (the “Company”), with the following release and waiver (“Release and Waiver”): In exchange forfor the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, I hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and in consideration of, the payments, benefits, and other commitments described above, the Associate releases Walmart assigns from any and all claims of any kindclaims, whether liabilities and obligations, both known or and unknown, that arose up arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and including the date the Associate signs this Agreement Waiver. This general release includes, but is not limited to: (including 1) all claims arising out of or relating 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 Associate’s employment with Walmart). For illustration purposes 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, except to the extent that such claims cannot be released pursuant to the California Labor Code, including, but not limited to, sections 2802 and not as a limitation, the claims the Associate is releasing include any 206.5; (3) all claims for damagesbreach of contract, costswrongful 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, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to under the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the federal Civil Rights Act of 1964, 1964 (as amended; ), the Civil Rights Act of 1991; the Equal Pay Act; the federal Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the federal Age Discrimination in Employment Act, Act of 1967 (as amended amended) (“ADEA”); the Family , and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders Act (as amended). I also acknowledge that I have read and understand Section 1542 of the California Industrial Welfare CommissionCivil Code 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 debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims I may have against the Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the 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. 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; the California Unfair Business Practices law (Cal. Bus. b) I should consult with an attorney prior to executing this Release and Prof. Code Sec. 17200, et seq.Waiver; (c) I have twenty-one (21) days in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); California WARN (CA Labor Code Section 1400-1408)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) this Release and Waiver shall not be effective until the eighth day after I execute this Release and Waiver and the revocation period has expired unexercised (the “Effective Date”). I acknowledge and agree to my continuing obligations under my Proprietary Information and Inventions Agreement, a copy of which is attached to the Employment Agreement. I understand and agree that my right to the severance pay I am receiving in exchange for my agreement to the terms of this Release and Waiver is contingent upon my continued compliance with my Proprietary Information and Inventions Agreement. I represent that I have not filed any claims against the Company, and agree that, except as such waiver may be prohibited by statute, I will not file any claim against the Company or seek any compensation for any claim other than the payments and benefits referenced herein. I agree to indemnify and hold the Company harmless from and against any and all state loss, cost, and expense, including, but not limited to court costs and attorney’s fees, arising from or local statutesin connection with any action which may be commenced, ordinancesprosecuted, or regulations regarding anti-discrimination employment lawsthreatened by me or for my benefit, as well as all matters arising under federal, stateupon my initiative, or local law involving with my aid or approval, contrary to the provisions of this Release and Waiver. This Release and Waiver, including any tortreferenced documents, employment contract (express constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or implied), public policy, wrongful discharge, retaliation, representation by the Company that is not expressly stated herein. This Release and leaves Waiver may only be modified by a writing signed by both me and a member of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal law.the Board of Directors of the Company. Date: By: XXXXXX XXXXXX

Release and Waiver of Claims. In consideration of the benefits and mutual agreements set forth in the Employment Agreement, dated October 6, 2008 (the “Agreement”), between Innotrac Corporation (“Employer”) and Xxxxx X. Xxxxxxx (“Executive”), to which this form is attached, Executive, intending to be legally bound, agrees to the following release and waiver (“Release and Waiver”): In exchange for, for the consideration provided to Executive by the Agreement that Executive is not otherwise entitled to receive and in consideration of, the payments, benefits, and other commitments described aboveof Employer in the Agreement, the Associate releases Walmart Executive and his or her heirs, representatives, agents and attorneys hereby generally and completely release Employer and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates and assigns from any and all claims of any kindclaims, whether liabilities and obligations, both known or and unknown, that arose up arise out of or are in any way related to events, acts, conduct or omissions occurring prior to Executive signing this Release and including the date the Associate signs this Agreement Waiver. This general release includes, but is not limited to: (including 1) all claims arising out of or relating in any way related to Executive’s employment with Employer or the termination of the Associatethat employment; (2) all claims related to Executive’s employment with Walmart). For illustration purposes and compensation or benefits from Employer, including, but not as a limitationlimited to, the claims the Associate is releasing include salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in Employer; (3) all claims for damagesbreach of contract, costswrongful 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, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to under the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the federal Civil Rights Act of 1964, 1964 (as amended; ), the Civil Rights Act of 1991; the Equal Pay Act; the federal Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the federal Age Discrimination in Employment Act, Act of 1967 (as amended amended) (“ADEA”), and similar state laws. Notwithstanding the foregoing, this general release specifically excludes any and all claims that Executive may have in regard to (a) any ongoing severance or employment obligations of Employer to Executive under the Agreement or any other written agreement or arrangement between Employer and Executive, (b) any ongoing obligations of Employer to Executive under any written stock option agreement, restricted stock award agreement, restricted stock unit award agreement or other equity award agreement evidencing an option or other equity award granted or awarded by Employer to Executive, (c) any indemnification obligations of Employer to Executive as a former director, officer and/or employee of Employer or any of its subsidiaries pursuant to Employer’s certificate of incorporation or bylaws or any indemnification or other written agreement, (d) any rights Executive may have under any directors and officers liability insurance policy of Employer, including tail insurance, and (e) any rights Executive may have arising by virtue of his status as a stockholder of Employer. Executive acknowledges that, among other rights, he or she is waiving and releasing any rights he or she may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the consideration given for this Release and Waiver is in addition to anything of value to which he or she was already entitled as an executive of Employer. Executive further acknowledges that he or she has 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) he or she should consult with an attorney prior to executing this Release and Waiver; (c) he or she has twenty-one (21) days in which to consider this Release and Waiver (although he or she may choose voluntarily to execute this Release and Waiver earlier); (d) he or she has seven (7) days following the Family execution of this Release and Medical Leave Act Waiver to revoke his or her consent to this Release and Waiver; and (e) this Release and Waiver shall not be effective until the eighth day after he or she executes this Release and Waiver and the revocation period has expired (the “Effective Date”). This Release and Waiver, including any referenced documents, constitutes the complete, final and exclusive embodiment of the entire agreement between Employer and Executive with regard to the subject matter hereof. Executive is not relying on any promise or representation by Employer that is not expressly stated herein. This Release and Waiver may only be modified by a writing signed by both Executive and a duly authorized officer of Employer. Date: By: This Aircraft Use Agreement (“FMLAAgreement”) is dated as of [ ], 2008 (the “Effective Date”) and is by and between SDD Holdings, Inc. (hereinafter called “Owner”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act Innotrac Corporation (hereinafter called “WARNClient”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract (express or implied), public policy, wrongful discharge, retaliation, and leaves of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal law.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Section 4.2 of the Employment Agreement effective as of August 1, 2011, (the “Employment Agreement”), to which this form is attached, I, Xxxxx Xxxxxxx, hereby furnish Pure Bioscience, Inc. (the “Company”), with the following release and waiver (“Release and Waiver”). In exchange forfor the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, I hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, Affiliates, and in consideration of, the payments, benefits, and other commitments described above, the Associate releases Walmart assigns from any and all claims of any kindclaims, whether liabilities and obligations, both known or and unknown, that arose up arise out of or are in any way related to events, acts, conduct, or omissions occurring relating to my employment or the termination thereof prior to my signing this Release and including the date the Associate signs this Agreement Waiver. This general release includes, but is not limited to: (including 1) all claims arising out of or relating 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 Associate’s employment with Walmart). For illustration purposes and Company, including, but not as a limitationlimited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the claims the Associate is releasing include any Company; (3) all claims for damagesbreach of contract, costswrongful 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, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to under the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the federal Civil Rights Act of 1964, 1964 (as amended; ), the Civil Rights Act of 1991; the Equal Pay Act; the federal Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the federal Age Discrimination in Employment Act, Act of 1967 (as amended amended) (“ADEA”); the Family , and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; 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 California Family Rights ActCompany; as a shareholder of the California Labor Code; the Wage Orders 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 Industrial Welfare CommissionCivil Code 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 debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims I may have against the Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the 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 California Unfair Business Practices law date of termination of my employment with the Company in which to consider this Release and Waiver (Cal. Bus. although I may choose voluntarily to execute this Release and Prof. Code Sec. 17200, et seq.Waiver earlier); California WARN (CA Labor Code Section 1400-1408)d) I have seven (7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and all state (e) 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 subject matter hereof. I am not relying on any promise or local statutesrepresentation by the Company that is not expressly stated herein. This Release and Waiver may only be modified by a writing signed by both me and a duly authorized officer of the Company. Date: By: XXXXX XXXXXXX In consideration of my employment or continued employment by PURE Bioscience, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract Inc. (express or impliedthe "Company"), public policyand the compensation now and hereafter paid to me, wrongful dischargeI hereby agree as follows, retaliationeffective as of August 1, and leaves of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal law.2011:

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, equity or otherwise. (b) In exchange forconsideration of the commitments of the Company as set forth in Section 2 of the Agreement, I intend to be legally bound, and in consideration ofhereby REMISE, RELEASE AND FOREVER DISCHARGE the paymentsCompany Group and their present and former officers, benefitsdirectors, employees, and other commitments described aboveagents, the Associate releases Walmart and their respective successors, predecessors, affiliates, assigns, heirs, executors, and administrators (collectively, “Releasees”) from any all causes of action, suits, debts, claims and all claims of any kinddemands whatsoever in law or in equity, which I ever had, now have, or hereafter may have, whether known or unknown, that arose or which my heirs, executors, or administrators may have, by reason of any matter, cause or thing whatsoever, up to and including the date of my execution of this Release, and particularly, but without limitation of the Associate signs this Agreement (including foregoing general terms, any claims arising out of from or relating in any way to my employment relationship or consulting relationship with the Company and Releasees, the terms and conditions of that employment relationship and consulting relationship, and the termination of the Associate’s that employment with Walmart). For illustration purposes relationship and consulting relationship, including, but not as a limitationlimited to, the claims the Associate is releasing include any claims for damagesarising under any applicable Company severance plan(s), costs, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Equal Pay Act; the Americans With Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the Age Discrimination in Employment Act, as amended (“ADEA”); the Family and Medical Leave Older Workers’ Benefit Protection Act, Title VII of The Civil Rights Act (“FMLA”)of 1964, as amended; the Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Americans with Disabilities Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Executive Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Family and Medical Leave Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Worker Adjustment and Retraining Notification Act, W. Va. CSR §77-6-3; the California Fair Employment Pennsylvania employment laws, and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. any other federal, state and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising amended, and any other claims under any federal, statestate or local common law, statutory, or local law involving any tortregulatory provision, employment contract (express now or implied)hereafter recognized, public policy, wrongful discharge, retaliation, and leaves of absence claims; and any claims related for attorneys’ fees and costs. This Release is effective without regard to emotional distressthe legal nature of the claims raised and without regard to whether any such claims are based upon tort, mental anguishequity, benefitsimplied or express contract or discrimination of any sort. (c) To the fullest extent permitted by law, and subject to the provisions of paragraph 1(d) below, I represent and affirm that (i) I have not filed or caused to be filed on my behalf any claim for relief against the Company or any Releasee and, to the best of my knowledge and belief, no outstanding claims for relief have been filed or asserted against the Company or any Releasee on my behalf; and (ii) I have no knowledge of any improper, unethical or illegal conduct or activities that I have not already reported to any supervisor, manager, department head, human resources representative, agent or other representative of the Company, to any member of the Company’s legal or compliance departments, or to the ethics hotline; and (iii) I will not file, commence, prosecute or participate in any judicial or arbitral action or proceeding against the Company or any Releasee based upon or arising out of any act, omission, transaction, occurrence, contract, claim or event existing or occurring on or before the date of execution of this Release. (d) The release of claims described in paragraphs 1(b) and (c) of this Release does not preclude me from filing a charge with the U.S. Equal Employment Opportunity Commission. However, I agree and hereby waive any and all rights to any monetary relief or other personal recovery from any such charge, including costs and attorneys’ fees. Additionally, this release of claims does not preclude me from filing claims that arise after the date of execution of this Release. (e) Subject to the provisions of paragraph 1(d) of this Release, in further consideration of the commitments described in Section 2 of the Agreement, I agree that I will not file, claim, xxx or cause or permit to be filed, any civil action, suit or legal proceeding seeking equitable or monetary relief (including damages, injunctive, declaratory, monetary or other relief) for himself or herself involving any matter released in paragraph 1. In the event that suit is filed in breach of this release of claims, it is expressly understood and agreed that this release of claims shall constitute a complete defense to any such suit. In the event any Releasee is required to institute litigation to enforce the terms of this paragraph, Releasees shall be entitled to recover reasonable costs and attorneys’ fees incurred in such enforcement. I further agree and covenant that should any person, organization, or other entity file, claim, xxx, or cause or permit to be filed any civil action, suit or legal proceeding involving any matter occurring at any time in the past, I will not seek or accept personal equitable or monetary relief in such civil action, suit or legal proceeding. Nothing in the Agreement or this Release shall prohibit or restrict me from: (i) making any disclosure of information required by law; (ii) providing information to, or testifying or otherwise assisting in any investigation or proceeding brought by any federal regulatory or law enforcement agency or legislative body, any self-regulatory organization, or the Company’s designated legal, compliance or human resources officers; or (iii) filing, testifying, participating in or otherwise assisting in a proceeding relating to an alleged violation of any federal, state or municipal law relating to fraud, or any other claim brought under local, state rule or federal lawregulation of the Securities and Exchange Commission or any self-regulatory organization.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Section 4.2 of the Employment Agreement dated October 12, 2009, (the “Employment Agreement”), to which this form is attached, I, Xxxxxx X. Xxxxxxxx, hereby furnish Pure Bioscience (the “Company”), with the following release and waiver (“Release and Waiver”). In exchange forfor the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, I hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, Affiliates, and in consideration of, the payments, benefits, and other commitments described above, the Associate releases Walmart assigns from any and all claims of any kindclaims, whether liabilities and obligations, both known or and unknown, that arose up arise out of or are in any way related to events, acts, conduct, or omissions occurring relating to my employment or the termination thereof prior to my signing this Release and including the date the Associate signs this Agreement Waiver. This general release includes, but is not limited to: (including 1) all claims arising out of or relating 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 Associate’s employment with Walmart). For illustration purposes and Company, including, but not as a limitationlimited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the claims the Associate is releasing include any Company; (3) all claims for damagesbreach of contract, costswrongful 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, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to under the termination of the Associate’s employment with Walmart) regarding veteran’s status; Title VII of the federal Civil Rights Act of 1964, 1964 (as amended; ), the Civil Rights Act of 1991; the Equal Pay Act; the federal Americans With with Disabilities Act of 1990, as amended; the Rehabilitation Act of 1973, as amended; the federal Age Discrimination in Employment Act, Act of 1967 (as amended amended) (“ADEA”); the Family , and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA); the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; 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 California Family Rights ActCompany; as a shareholder of the California Labor Code; the Wage Orders 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 Industrial Welfare CommissionCivil Code 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 debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims I may have against the Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the 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 California Unfair Business Practices law date of termination of my employment with the Company in which to consider this Release and Waiver (Cal. Bus. although I may choose voluntarily to execute this Release and Prof. Code Sec. 17200, et seq.Waiver earlier); California WARN (CA Labor Code Section 1400-1408)d) I have seven (7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and all state (e) 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 subject matter hereof. I am not relying on any promise or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under federal, state, or local law involving any tort, employment contract (express or implied), public policy, wrongful discharge, retaliation, representation by the Company that is not expressly stated herein. This Release and leaves Waiver may only be modified by a writing signed by both me and a duly authorized officer of absence claims; and any claims related to emotional distress, mental anguish, benefits, or any other claim brought under local, state or federal lawthe Company. Date: By: XXXXXX X. XXXXXXXX .

Release and Waiver of Claims. In exchange forconsideration of the benefits to be provided to Employee pursuant to this Agreement, Employee—including his heirs and in consideration ofassigns—hereby irrevocably and unconditionally releases, the paymentsacquits and discharges Employer and each of its past, benefitspresent and future elected officials, department heads, officers, employees, agents, representatives and other commitments described above, the Associate releases Walmart attorneys from any and all claims charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred), of any kindnature whatsoever, whether known or unknown, that arose up to and including the date the Associate signs this Agreement (including claims arising out of any act, omission, or relating event from the beginning of time up to the termination execution of this Agreement. Employee specifically acknowledges and agrees that she is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and any claims that he may now have or could have asserted against Employer. Employee specifically agrees to release all claims that against Employer under many different laws, including but not limited to: the Associate’s employment with Walmart). For illustration purposes and not as a limitationAge Discrimination in Employment Act, the claims the Associate is releasing include any claims for damagesOlder Workers Benefit Protection Act, costsand Executive Order 11141, attorneys’ fees, expenses, compensation or any other monetary recovery. Further, the Associate specifically waives and releases all claims he may have that arose up to and including the date the Associate signs this Agreement (including claims arising out of or relating to the termination of the Associate’s employment with Walmart) regarding veteran’s statuswhich prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, as amended; Section 1981 of the Civil Rights Act of 1991; the Equal Pay Act1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans With with Disabilities Act and Sections 503 and 504 of 1990, as amended; the Rehabilitation Act of 1973, as amendedwhich prohibit discrimination based on disabil- ity; any other federal, state, or local laws prohibiting employment or wage discrimination; the Age Discrimination in Employment Act, as amended (“ADEA”)Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act (“FMLA”), as amended; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; the Genetic Information Non-Discrimination Act; the Immigration Reform and Control Act, as amended; the Workers Adjustment and Retraining Notification Act (“WARN”), as amended; any applicable state WARN-like statute; the Occupational Safety and Health Act, as amended; the Xxxxxxxx-Xxxxx Act of 2002; the Consolidated Omnibus Budget Reconciliation Act (COBRA)1993; the Employee Retirement Income Security Act of 1974, as amended; the National Labor Relations Act; the Fair Labor Standards Act (FLSA); the Massachusetts Overtime Law; the Massachusetts Payment of Wages Law; the Massachusetts Fair Employment Practices Act; the New Jersey Conscientious Employee Protection Act, N.J.S.A. 34:19-1, et seq.; the New Jersey Law Against Discrimination; the West Virginia Human Rights Act, W. Va. CSR §77-6-3; the California Fair Employment and Housing Act; the California Family Rights Act; the California Labor Code; the Wage Orders of the California Industrial Welfare Commission; the California Unfair Business Practices law (Cal. Bus. and Prof. Code Sec. 17200, et seq.); California WARN (CA Labor Code Section 1400-1408); and all state or local statutes, ordinances, or regulations regarding anti-discrimination employment laws, as well as all matters arising under any federal, state, or local law involving any tortlaws providing workers’ compensation benefits, employment contract (express prohibiting retaliatory or implied), public policy, wrongful discharge, retaliationotherwise restricting an employer’s right to terminate employees, and leaves or otherwise regulating employment; claims for breach of absence claimscontract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any claims related to emotional distressother federal, mental anguish, benefitsstate, or local tort or contract claim. Employee expressly waives all rights that he might have under any other claim brought under locallaw that is intended to protect her from waiving unknown claims. Employer hereby irrevocably and unconditionally releases, state acquits and discharges Employee from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs actually incurred), of any nature whatsoever, whether known or federal lawunknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.