Common use of Release by Employee Clause in Contracts

Release by Employee. (a) Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the Company, which is defined for the purposes of this Section 4 to include the Company and any affiliated company, parent company or subsidiary, and each of their respective predecessors, affiliates, assigns, members, directors, officers, and employees, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement, including, but not limited to, all claims arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by way of example only) (i) any claim arising out of or related to contract (including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law or equity, mental and/or emotional distress, back pay, front pay, loss of income, and including all claims for wages, commissions, notice, pay in lieu of notice, severance pay, bonus, impairment of economic opportunity, reimbursements, commissions, implied or express employment contracts and/or estoppel, or (ii) any claims for alleged violations under: The National Labor Relations Act, as amended; Title VII of the Civil Rights Act 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 Employee Retirement Income Security Act of 1974, as amended (but solely with respect to unvested benefits); The Immigration Reform Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Age Discrimination in Employment Act of 1967, as amended; The Fair Labor Standards Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; The New York State Human Rights Law, as amended; The New York Wage and Hour Laws, as amended; The New York Equal Pay Laws, as amended; the New York Civil Rights Laws, as amended; The New York State Executive Laws, as amended; The Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”) (except as set forth in Section 4(e) below); The Xxxxxxxx-Xxxxx Act of 2002; or any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance, including without limitation any law, regulation or ordinance of the State of New York, or any local jurisdiction within the State. In addition, and without limiting the foregoing, Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the shareholders, licensors, agents, outside professional service providers and attorneys of the Company, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, including, but not limited, to the claims identified in clauses (i) and (ii) above.

Release by Employee. (a) Employee, Except for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the Company, which is defined for the purposes those obligations of Employer created by or arising out of this Section 4 Agreement, Employee hereby acknowledges full and complete satisfaction of and releases and discharges and covenants not to include the Company xxx Employer and any each of its affiliated company, parent company or subsidiaryentities, and each of their respective predecessorsdirectors, affiliatesmanagers, assignsofficers, members, directorsshareholders, officersrepresentatives, assignees, and employeessuccessors, whether past or presentand present (collectively, “Releasees”), from and with respect to any and all actions, suits, debts, demands, damages, claims, judgmentswages, liabilitiesagreements, benefits or other remedial relief obligations, demands and causes of any natureaction, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which by Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement, including, but not limited to, all claims arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by way of example only) (i) any claim arising out of or related to contract (including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law or equity, mental and/or emotional distress, back pay, front pay, loss of income, and including all claims for wages, commissions, notice, pay in lieu of notice, severance pay, bonus, impairment of economic opportunity, reimbursements, commissions, implied or express any way connected with Employee’s employment contracts and/or estoppelrelationship with Employer, or (ii) any claims for alleged violations under: The National Labor Relations ActEmployee’s separation from employment with Employer, as amended; Title VII of the Civil Rights Act 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 Employee Retirement Income Security Act of 1974, as amended (but solely with respect to unvested benefits); The Immigration Reform Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Age Discrimination in Employment Act of 1967, as amended; The Fair Labor Standards Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; The New York State Human Rights Law, as amended; The New York Wage and Hour Laws, as amended; The New York Equal Pay Laws, as amended; the New York Civil Rights Laws, as amended; The New York State Executive Laws, as amended; The Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”) (except as set forth in Section 4(e) below); The Xxxxxxxx-Xxxxx Act of 2002; or any other federaltransactions, state occurrences, losses, damages or local civil or human rights law or any other localinjuries, state or federal law, regulation or ordinance, including without limitation any law, regulation or ordinance of the State of New York, or any local jurisdiction within the State. In addition, and without limiting the foregoing, Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the shareholders, licensors, agents, outside professional service providers and attorneys of the Company, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated resulting from any act or unanticipated, which Employee has omission by or may have from on the beginning part of any of the world Releasees, committed or omitted prior to the date of Employee’s execution of that Employee signs this Agreement arising out of Employee’s employment with the CompanyAgreement, its subsidiarieswhether based on contract, parent companies and affiliatestort, their predecessorsor any federal, successors and assignsforeign, includingstate or local common law, regulation, constitution or statute (including but not limited, limited to the claims identified in clauses various non-discrimination statutes under federal and applicable state law) (collectively, “Claims”); provided, however, that the following obligations of Employer to Employee shall not be considered Claims subject to the releases set forth herein: (i) any right to a defense and/or indemnification that Employee may have under California Labor Code section 2802, under the Employment Agreement or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee, (ii) aboveany vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Releasees in any court, agency, or other forum with regard to any Claims.

Release by Employee. (a) Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the Company, which is defined In exchange for the purposes of this Section 4 payments and benefits provided to include Employee pursuant to that certain Employment Agreement entered into by and between the Company and any affiliated companyEmployee, dated as of [_____________] (the “Agreement”) and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Employee agrees unconditionally and forever to release and discharge the Company and the Company’s affiliated, related, parent company or subsidiaryand subsidiary corporations, and each of as well as their respective predecessorspast and present parents, subsidiaries, affiliates, assignsassociates, members, directorsstockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, insurers, owners, employees, officers, directors and employeesall persons acting by, whether past through, under, or presentin concert with them, or any of them (hereinafter the “Releasees”) from any and all manner of claims, actions, suitscauses of action, debtsin law or in equity, demands, damagesrights, claims, judgments, liabilities, benefits or other remedial relief damages of any naturekind or nature which he or she may now have, including costs and attorneys’ feesor ever have, whether known or unknown, suspected fixed or unsuspectedcontingent, anticipated including any claims, causes of action or unanticipateddemands of any nature (hereinafter called “Claims”), which that Employee now has or may hereafter have from against the beginning Releasees by reason of the world any and all acts, omissions, events or facts occurring or existing prior to the date of Employee’s execution of this Agreement, includingRelease. The Claims released hereunder specifically include, but are not limited to, all any claims arising out for fraud; breach of Employee’s employment contract; breach of implied covenant of good faith and fair dealing; inducement of breach; interference with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by way contract; wrongful or unlawful discharge or demotion; violation of example only) (i) any claim arising out of or related to contract (including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law ; sexual or equity, mental and/or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress, back pay, front pay, loss of income, and including all claims for ; intentional or negligent misrepresentation; conspiracy; failure to pay wages, commissionsbenefits, notice, pay in lieu of noticevacation pay, severance pay, bonus, impairment of economic opportunity, reimbursements, commissions, implied or express employment contracts and/or estoppelequity, attorneys’ fees, or (ii) other compensation of any claims for alleged violations under: The National Labor Relations sort; failure to accommodate disability, including pregnancy; discrimination or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers’ Protection Benefit Act of 1990; Title VII of the Civil Rights Act of 1964, as amended; The , by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended (but solely with respect to unvested benefits); The Immigration Reform Control Equal Pay Act, as amended, 29 U.S.C. § 206(d); The the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, as amended42 U.S.C. § 12101 et seq.; The Age Discrimination in Employment Act of 1967the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; The the Worker Adjustment and Retraining Notification Act (“WARN”), as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, as amended29 U.S.C. § 215 et seq.; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; The the [New York State Human Rights Law, as amended; The New York Wage and Hour LawsN.Y. Exec Law Art. 15, as amended; The New York Equal Pay Laws, as amended§ 290 et seq.; the New York Civil Rights Laws, as amendedState WARN Act; The the New York State Executive LawsLabor Law; the New York City Human Rights Law; the New York City Earned Sick Time Act; Section 125 of the New York Workers’ Compensation Law, as amendedNew York State Civil Rights Law, Article 23-A of the New York State Corrections Law; The Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”) (except as set forth in Section 4(e) below); The Xxxxxxxx-Xxxxx Act of 2002; or and any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance, including without limitation any law, regulation or ordinance laws of the State of New York, or any local jurisdiction within the State. In addition, and without limiting the foregoing, Employee, similar effect.]1 1 NTD: to be updated for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the shareholders, licensors, agents, outside professional service providers and attorneys of the Company, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, including, but not limited, to the claims identified in clauses (i) and (ii) aboveDE statutes.

Release by Employee. (a) Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the Company, which is defined In exchange for the purposes benefits set forth in the Transition and Release of this Section 4 to include Claims Agreement entered into by and between the Company and any affiliated companyEmployee, dated as of January 15, 2021 (the “Agreement”), and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Employee agrees unconditionally and forever to release and discharge the Company and the Company’s affiliated, related, parent company or subsidiaryand subsidiary corporations, and each of as well as their respective predecessorspast and present parents, subsidiaries, affiliates, assignsassociates, members, directorsstockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, insurers, owners, employees, officers, directors and employeesall persons acting by, whether past through, under, or presentin concert with them, or any of them (hereinafter the “Releasees”) from any and all manner of claims, actions, suitscauses of action, debtsin law or in equity, demands, damagesrights, claims, judgments, liabilities, benefits or other remedial relief damages of any naturekind or nature which he or she may now have, including costs and attorneys’ feesor ever have, whether known or unknown, suspected fixed or unsuspectedcontingent, anticipated including any claims, causes of action or unanticipateddemands of any nature (hereinafter called “Claims”), which that Employee now has or may hereafter have from against the beginning Releasees by reason of the world any and all acts, omissions, events or facts occurring or existing prior to the date of Employee’s execution of this Agreement, includingRelease. The Claims released hereunder specifically include, but are not limited to, all any claims arising out for fraud; breach of Employee’s employment contract; breach of implied covenant of good faith and fair dealing; inducement of breach; interference with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by way contract; wrongful or unlawful discharge or demotion; violation of example only) (i) any claim arising out of or related to contract (including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law ; sexual or equity, mental and/or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress, back pay, front pay, loss of income, and including all claims for ; intentional or negligent misrepresentation; conspiracy; failure to pay wages, commissionsbenefits, notice, pay in lieu of noticevacation pay, severance pay, bonus, impairment of economic opportunity, reimbursements, commissions, implied or express employment contracts and/or estoppelequity, attorneys’ fees, or (ii) other compensation of any claims for alleged violations under: The National Labor Relations sort; failure to accommodate disability, including pregnancy; discrimination or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers’ Protection Benefit Act of 1990; Title VII of the Civil Rights Act of 1964, as amended; The , by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended (but solely with respect to unvested benefits); The Immigration Reform Control Equal Pay Act, as amended, 29 U.S.C. § 206(d); The the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, as amended42 U.S.C. § 12101 et seq.; The Age Discrimination in Employment Act of 1967the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; The the Worker Adjustment and Retraining Notification Act (“WARN”), as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, as amended29 U.S.C. § 215 et seq.; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; The the New York State Human Rights Law, as amended; The New York Wage and Hour LawsN.Y. Exec Law Art. 15, as amended; The New York Equal Pay Laws, as amended§ 290 et seq.; the New York Civil Rights Laws, as amendedState WARN Act; The the New York State Executive LawsLabor Law; the New York City Human Rights Law; the New York City Earned Sick Time Act; Section 125 of the New York Workers’ Compensation Law, as amendedNew York State Civil Rights Law, Article 23-A of the New York State Corrections Law; The Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”) (except as set forth in Section 4(e) below); The Xxxxxxxx-Xxxxx Act of 2002; or and any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance, including without limitation any law, regulation or ordinance laws of the State of New York, or any local jurisdiction within the Statesimilar effect. In addition, and without limiting the foregoing, Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the shareholders, licensors, agents, outside professional service providers and attorneys of the Company, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, including, but not limited, to the claims identified in clauses (i) and (ii) above2.

Release by Employee. (a) Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the Company, which is defined In exchange for the purposes of this Section 4 to include benefits set forth in the Separation Agreement entered into by and between the Company and any affiliated companyEmployee, dated as of June 13, 2022, (the “Agreement”) to which this Release is an exhibit, and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Employee agrees unconditionally and forever to release and discharge the Company and the Company’s affiliated, related, parent company or subsidiaryand subsidiary corporations, and each of as well as their respective predecessorspast and present parents, subsidiaries, affiliates, assignsassociates, members, directorsstockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, insurers, owners, employees, officers, directors and employeesall persons acting by, whether past through, under, or presentin concert with them, or any of them (hereinafter the “Releasees”) from any and all manner of claims, actions, suitscauses of action, debtsin law or in equity, demands, damagesrights, claims, judgments, liabilities, benefits or other remedial relief damages of any naturekind or nature which he or she may now have, including costs and attorneys’ feesor ever have, whether known or unknown, suspected fixed or unsuspectedcontingent, anticipated including any claims, causes of action or unanticipateddemands of any nature (hereinafter called “Claims”), which that Employee now has or may hereafter have from against the beginning Releasees by reason of the world any and all acts, omissions, events or facts occurring or existing prior to the date of Employee’s execution of this Agreement, includingRelease. The Claims released hereunder specifically include, but are not limited to, all any claims arising out for fraud; breach of Employee’s employment contract; breach of implied covenant of good faith and fair dealing; inducement of breach; interference with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by way contract; wrongful or unlawful discharge or demotion; violation of example only) (i) any claim arising out of or related to contract (including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law ; sexual or equity, mental and/or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress, back pay, front pay, loss of income, and including all claims for ; intentional or negligent misrepresentation; conspiracy; failure to pay wages, commissionsbenefits, notice, pay in lieu of noticevacation pay, severance pay, bonus, impairment of economic opportunity, reimbursements, commissions, implied or express employment contracts and/or estoppelequity, attorneys’ fees, or (ii) other compensation of any claims for alleged violations under: The National Labor Relations sort; failure to accommodate disability, including pregnancy; discrimination or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers’ Protection Benefit Act of 1990; Title VII of the Civil Rights Act of 1964, as amended; The , by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended (but solely with respect to unvested benefits); The Immigration Reform Control Equal Pay Act, as amended, 29 U.S.C. § 206(d); The the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, as amended42 U.S.C. § 12101 et seq.; The Age Discrimination in Employment Act of 1967the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; The the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, as amended29 U.S.C. § 215 et seq.; The Occupational Safety violations of the South Carolina Human Affairs Law and Health ActSections 37-5-106 (termination of an employee because a creditor garnished the employee’s wages), as amended41-1-20 (unlawful discrimination against union members), 41-1-30 (unlawful termination of an employee replaced by an unauthorized alien), 41-1-70 (wrongful demotion or termination of an employee for complying with a subpoena or serving on a jury), 41-1-80 (retaliation against employees for instituting or participating in workers' compensation claims), 41-1-85 (adverse personnel action against employees for using tobacco products outside the workplace), and 53-1-110 (discrimination against employees who conscientiously oppose working on Sundays) of the South Carolina Code; The Family and Medical Leave Act of 1993; The New York State Human Rights Law, as amended; The New York Wage and Hour Laws, as amended; The New York Equal Pay Laws, as amended; the New York Civil Rights Laws, as amended; The New York State Executive Laws, as amended; The Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”) (except as set forth in Section 4(e) below); The Xxxxxxxx-Xxxxx Act of 2002; or any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance, including without limitation any law, regulation or ordinance laws of the State of New York, or any local jurisdiction within the State. In addition, and without limiting the foregoing, Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the shareholders, licensors, agents, outside professional service providers and attorneys of the Company, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, including, but not limited, to the claims identified in clauses (i) and (ii) abovesimilar effect.

Release by Employee. (a) Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the Company, which is defined In exchange for the purposes of this Section 4 payments and benefits provided to include Employee pursuant to that certain Employment Agreement entered into by and between the Company and any affiliated companyEmployee, dated as of [ ], (the “Agreement”) and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, Employee agrees unconditionally and forever to release and discharge the Company and the Company’s affiliated, related, parent company or subsidiaryand subsidiary corporations, and each of as well as their respective predecessorspast and present parents, subsidiaries, affiliates, assignsassociates, members, directorsstockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, insurers, owners, employees, officers, directors and employeesall persons acting by, whether past through, under, or presentin concert with them, or any of them (hereinafter the “Releasees”) from any and all manner of claims, actions, suitscauses of action, debtsin law or in equity, demands, damagesrights, claims, judgments, liabilities, benefits or other remedial relief damages of any naturekind or nature which he or she may now have, including costs and attorneys’ feesor ever have, whether known or unknown, suspected fixed or unsuspectedcontingent, anticipated including any claims, causes of action or unanticipateddemands of any nature (hereinafter called “Claims”), which that Employee now has or may hereafter have from against the beginning Releasees by reason of the world any and all acts, omissions, events or facts occurring or existing prior to the date of Employee’s execution of this Agreement, includingRelease. The Claims released hereunder specifically include, but are not limited to, all any claims arising out for fraud; breach of Employee’s employment contract; breach of implied covenant of good faith and fair dealing; inducement of breach; interference with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by way contract; wrongful or unlawful discharge or demotion; violation of example only) (i) any claim arising out of or related to contract (including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law ; sexual or equity, mental and/or any other type of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress, back pay, front pay, loss of income, and including all claims for ; intentional or negligent misrepresentation; conspiracy; failure to pay wages, commissionsbenefits, notice, pay in lieu of noticevacation pay, severance pay, bonus, impairment of economic opportunity, reimbursements, commissions, implied or express employment contracts and/or estoppelequity, attorneys’ fees, or (ii) other compensation of any claims for alleged violations under: The National Labor Relations sort; failure to accommodate disability, including pregnancy; discrimination or harassment on the basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers’ Protection Benefit Act of 1990; Title VII of the Civil Rights Act of 1964, as amended; The , by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended (but solely with respect to unvested benefits); The Immigration Reform Control Equal Pay Act, as amended, 29 U.S.C. § 206(d); The the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, as amended42 U.S.C. § 12101 et seq.; The Age Discrimination in Employment Act of 1967the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; The the Worker Adjustment and Retraining Notification Act (“WARN”), as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, as amended29 U.S.C. § 215 et seq.; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; The the New York State Human Rights Law, as amended; The New York Wage and Hour LawsN.Y. Exec Law Art. 15, as amended; The New York Equal Pay Laws, as amended§ 290 et seq.; the New York Civil Rights Laws, as amendedState WARN Act; The the New York State Executive LawsLabor Law; the New York City Human Rights Law; the New York City Earned Sick Time Act; Section 125 of the New York Workers’ Compensation Law, as amendedNew York State Civil Rights Law, Article 23-A of the New York State Corrections Law; The Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”) (except as set forth in Section 4(e) below); The Xxxxxxxx-Xxxxx Act of 2002; or and any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance, including without limitation any law, regulation or ordinance laws of the State of New York, or any local jurisdiction within the State. In addition, and without limiting the foregoing, Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the shareholders, licensors, agents, outside professional service providers and attorneys of the Company, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, including, but not limited, to the claims identified in clauses (i) and (ii) abovesimilar effect.

Release by Employee. (a) In consideration of the payments and benefits under Section 4 of this Agreement and Release, the Company’s entry into the Consulting Agreement, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, as a full and final settlement, Employee, for Employee, and on behalf of Employee and Employee’s successorsspouse, heirs, administrators, heirs and children, representatives, executors, successors, assigns, hereby fully and generally releasesany other individual or entity claiming through Employee (collectively, waives the “Releasors”), releases and forever discharges the Company, which is defined for the purposes of this Section 4 to include the Company and any affiliated company, parent company or subsidiaryeach member of the Company Group, and each of their respective predecessorspast, present, and future officers, directors, principals, agents, employees, parents, shareholders, partners, subsidiaries, holding companies, affiliates, predecessors, successors, assigns, membersinsurers, directorscompensation and benefit plans and administrators, officerstrustees, fiduciaries, and employees, whether past or presentinsurers of such compensation and benefit plans, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits claims and causes of action (except for claims arising specifically from a breach of this Agreement and Release or other remedial relief of any nature, including costs and attorneys’ feesthe Consulting Agreement in accordance with their terms), whether known or unknown, suspected arising out of or unsuspected, anticipated related to Employee’s employment and any other events or unanticipated, which Employee has or may have from the beginning of the world to transactions that precede the date of Employee’s execution of this AgreementAgreement and Release. The entities released in the foregoing sentence shall be referred to collectively as the “Company Released Parties.” The claims and causes of action released by Employee include, but are not limited to, the following: contract claims; claims for salary, benefits, bonuses, severance pay, workers’ compensation claims, to the extent permitted by applicable law, commissions, or vacation pay; claims sounding in negligence or tort; fraud claims; claims for medical bills; all matters in law, in equity, or pursuant to statute, including damages, attorneys’ fees, costs, and expenses; and, without limiting the generality of the foregoing, to all claims, including, but not limited to, all claims those arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by way of example only) (i) any claim arising out of or related to contract (including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law or equity, mental and/or emotional distress, back pay, front pay, loss of income, and including all claims for wages, commissions, notice, pay in lieu of notice, severance pay, bonus, impairment of economic opportunity, reimbursements, commissions, implied or express employment contracts and/or estoppel, or (ii) any claims for alleged violations under: The National Labor Relations Act, as amended; under Title VII of the Civil Rights Act 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 Employee Retirement Income Security Act of 1974, as amended (but solely with respect to unvested benefits); The Immigration Reform Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Age Discrimination in Employment Act of 1967, as amended; The Fair Labor Standards , the Older Workers’ Benefit Protection Act, the Equal Pay Act, the Consolidated Omnibus Budget Reconciliation Act, the Employee Retirement Income Security Act of 1974, as amended; The Occupational Safety and Health Act, as amended; The the Civil Rights Act of 1991, the Family and Medical Leave Act of 1993; The New York State Human Rights Law, as amended; The New York Wage and Hour Lawsthe Americans with Disabilities Act of 1990, as amended; The New York Equal Pay Lawsthe Genetic Information Nondiscrimination Act, as amended; the New York Occupational Safety & Health Act, the Worker Adjustment and Retraining Notification Act of 1988, the Xxxx–Xxxxx Xxxx Street Reform and Consumer Protection Act, the National Labor Relations Act, Section 1981 of the Civil Rights LawsAct of 1866, as amended; The New York State Executive Lawsthe Sarbanes Oxley Act of 2002, as amended; The Consolidated Omnibus Budget Reconciliation Act, the Texas Labor Code as amended (“COBRA”) including the Texas Commission on Human Rights Act, Tex. Lab. Code § 21.001 et seq., the Texas Equal Work, Equal Pay Law, Tex. Gov’t Code Xxx. § 659.001, Texas Whistleblower Protection Law, Tex. Gov’t Code Xxx. § 554.002, Texas Worker’s Compensation Retaliation Law, Tex. Lab. Code Xxx. § 451.001, Texas Blacklisting Law, Tex. Lab. Code Xxx. § 52.031, Texas Payment of Wages Law, Tex. Lab. Code Xxx. § 61.011 et seq., Texas Minimum Wage Law, Tex. Lab. Code Xxx. § 62.051 et seq., Texas AIDS Testing Law, Tex. Health & Safety Code Xxx. § 81.101 et seq.), the Louisiana Revised Statutes as amended (except including the Louisiana Employment Discrimination Law, La. R.S. §§ 23:301-23:369, Louisiana Worker’s Compensation Act, La. R.S. §§ 23:1021-23:1415, Article 2315 of the Louisiana Civil Code), the Code of the District of Columbia as set forth in Section 4(e) below); The Xxxxxxxxamended (including the District of Columbia Human Rights Act, D.C. Code Xxx. §§ 1-Xxxxx 2501-1-2557, District of Columbia Family and Medical Leave Act, District of Columbia Accrued Sick and Safe Leave Act, District of Columbia Safety and Health Act of 2002; or 1988, District of Columbia Parental Leave Act, Protecting Pregnant Workers Fairness Act of 2014, the Fair Criminal Record Screening Act, the District of Columbia Equal Pay Law, the anti-retaliation provisions of the District of Columbia Workers’ Compensation Law, the District of Columbia Whistleblower Reinforcement Act), and any other federal, state state, or local civil or human rights law or any other local, state or federal law, regulation or ordinancestatute, including without limitation any law, regulation or ordinance affecting Employee’s employment with any of the State of New YorkCompany Released Parties. This Agreement and Release does not apply to any claims or rights that may arise after the date Employee signs this Agreement and Release, to claims to payments and benefits under this Agreement and Release or the Consulting Agreement, or any local jurisdiction within the Stateto claims that may not be released by agreement under applicable law. In addition, this Agreement and without limiting the foregoing, Employee, for Employee, Release does not waive Employee’s successorsrights to coverage, administratorsor any rights as an insured, heirs under any directors and assignsofficers liability insurance policy of the Company or its affiliates, hereby fully and generally releaseswhich shall continue to cover the Employee in accordance with its terms, waives and forever discharges or any rights to indemnification (including advancement of expenses) that Employee has under applicable law or the shareholders, licensors, agents, outside professional service providers and attorneys organizational documents of the Company, whether past or presentincluding, from any without limitation, under Article VI (“Indemnification and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief Advancement of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning Expenses”) of the world Amended and Restated By-Laws of the Company or pursuant to the date of Employee’s execution of this Indemnification Agreement arising out of Employee’s employment with by and between Employee and the Company, its subsidiariesdated as of September 19, parent companies and affiliates, their predecessors, successors and assigns, including, but not limited, to the claims identified in clauses (i) and (ii) above2019.

Release by Employee. (a) Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the Company, which is defined for the purposes of this Section 4 to include the Company and any affiliated company, parent company or subsidiary, and each of their respective predecessors, affiliates, assigns, members, directors, officers, and employees, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement, including, but not limited to, all claims arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by way of example only) (i) any claim arising out of or related to contract (including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law or equity, mental and/or emotional distress, back pay, front pay, loss of income, and including all claims for wages, commissions, notice, pay in lieu of notice, severance pay, bonus, impairment of economic opportunity, reimbursements, commissions, implied or express employment contracts and/or estoppel, or (ii) any claims for alleged violations under: The National Labor Relations Act, as amended; Title VII of the Civil Rights Act 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 Employee Retirement Income Security Act of 1974, as amended (but solely with respect to unvested benefits)amended; The Immigration Reform Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Age Discrimination in Employment Act of 1967, as amended; The Fair Labor Standards Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; The New York State Human Rights Law, as amended; The New York Wage and Hour Laws, as amended; The New York Equal Pay Laws, as amended; the New York Civil Rights Laws, as amended; The New York Workers Compensation Laws, as amended; The New York State Executive Laws, as amended; The Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”) (except as set forth in Section 4(e) below); The Xxxxxxxx-Xxxxx Act of 2002; or any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance, including without limitation any law, regulation or ordinance of the State of New York, or any local jurisdiction within the State. In addition, and without limiting the foregoing, Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the shareholders, licensors, agents, outside professional service providers and attorneys of the Company, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, including, but not limited, to the claims identified in clauses (i) and (ii) above.

Release by Employee. (a) Employee, on Employee’s own behalf and for Employee’s spouse, Employee’s agents, successors, heirs, executors, administrators, heirs and assignsassigns (collectively, the “Releasors”), hereby fully irrevocably and generally releases, waives unconditionally forever releases and forever discharges the Company, which is defined for the purposes of this Section 4 to include the Company its parents, divisions, direct or indirect subsidiaries and any affiliated companyaffiliates, parent company or subsidiaryand its and their current and former directors, officers, shareholders, insurers, benefit plans, representatives, agents, trustees, administrators, attorneys, and employees, and each of their respective predecessors, affiliatessuccessors, parents, joint ventures, and assigns, members(collectively, directors, officers, and employees, whether past or presentthe “Releasees”), from any and all actions, suits, debts, demands, damages, claims, judgments, manner of existing actual or potential claims or liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement, including, but not limited to, all any claims arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by way of example only) (i) any claim arising out of or related to contract Employee’s employment and separation from employment with the Company (including its predecessors, successors, or affiliates), including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law or equity, mental and/or emotional distress, back pay, front pay, loss of income, and including all any claims for wages, commissions, notice, pay in lieu of notice, severance pay, bonus, impairment of economic opportunitybonuses, reimbursements, commissionsvacation pay, implied or express employment contracts and/or estoppelallowances, or (ii) other compensation, and claim for any claims for alleged violations under: The National Labor Relations Act, as amended; Title VII of benefits under the Civil Rights Act 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 Employee Retirement Income Security Act of 1974, as amended (but solely with respect to unvested “ERISA”) (except for claims for vested ERISA benefits); The Immigration Reform Control Act, as amended; The Americans with Disabilities Act any claims for discrimination, harassment, or retaliation of 1990any kind or based upon any legally protected classification or activity, as amended; The any claim under the Age Discrimination in Employment Act of 1967Act, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification Act, any claim for workers' compensation retaliation, and any federal, state, or local statute, ordinance, or regulation, as amendedwell as any amendments to any such laws; The Fair Labor Standards Actcommon law claims or causes of action relating to any claim released, as amended; The Occupational Safety breach of contract or public policy, defamation, personal or business injury, personal injury not covered by workers’ compensation benefits, misrepresentation, negligence, fraud, estoppel, infliction of emotional distress, contribution, indemnification, and Health Act, as amended; The Family and Medical Leave Act of 1993; The New York State Human Rights Law, as amended; The New York Wage and Hour Laws, as amended; The New York Equal Pay Laws, as amended; any claims that could have been brought pursuant to the New York Civil Rights Laws, as amended; The New York State Executive Laws, as amended; The Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”) (except as set forth in Section 4(e) below); The Xxxxxxxx-Xxxxx Act of 2002; or any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinanceCompany’s Dispute Resolution Process, including without limitation those not specifically listed in this Agreement. This release covers any lawattorneys’ fees and costs associated with any claim. This release extends to any claim that the Releasors now have, regulation ever had, or ordinance may hereafter have against any of the State of New York, or any local jurisdiction within the State. In addition, and without limiting the foregoing, Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the shareholders, licensors, agents, outside professional service providers and attorneys of the Company, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other remedial relief of any nature, including costs and attorneys’ feesReleasees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world up to and including the date of this Agreement. Employee specifically waives Employee’s execution of this Agreement arising out of right to recover in Employee’s employment with own lawsuit, as well as the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, including, but not limited, right to recover in a suit brought by any other person or entity on Employee’s behalf or on behalf of a class of persons in which the claims identified in clauses (i) and (ii) aboveEmployee is or could be considered a member.