Common use of Release by Employee Clause in Contracts

Release by Employee. Employee hereby releases and discharges the Company, its affiliates and its subsidiaries and Board of Directors, and their respective predecessors, successors, owners, partners, officers, directors, members, employees, agents, attorneys, benefit plans, administrators and insurers (collectively the “Company Parties”), from any and all claims, demands, liabilities and causes of action, whether statutory or common law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims or causes of action relating to any matter occurring on or prior to the date that Employee executes this Agreement, including without limitation any claim arising out of, or relating to: (i) the Age Discrimination in Employment Act of 1967, as amended; (ii) Title VII of the Civil Rights Act of 1964, as amended; (iii) the Civil Rights Act of 1991; (iv) Sections 1981 through 1988 of Title 42 of the United States Code, as amended; (v) the Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Act, as amended; (vii) the Americans with Disabilities Act of 1990, as amended; (viii) the National Labor Relations Act, as amended; (ix) the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; (xi) any state or federal anti-discrimination and/or anti-retaliation law; (xii) any other local, state or federal law, regulation or ordinance; (xiii) any public policy, contract, tort, or common law claim; (xiv) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in the matters referenced herein; and (xv) any and all claims Employee may have arising as the result of any alleged breach of any contract, incentive compensation plan or agreement, restricted unit agreement, or stock option plan or agreement with any Company Party including, without limitation the Employment Agreement (collectively, the “Released Claims”). This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for the consideration recited in Sections 2A and 2B of this Agreement, any and all potential claims of this nature that Employee may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that he is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC or comparable state or local agency proceeding or subsequent legal actions.

Release by Employee. Employee hereby releases and discharges the Company, its affiliates and its subsidiaries and Board of Directors, and their respective predecessors, successors, owners, partners, officers, directors, members, employees, agents, attorneys, benefit plans, administrators and insurers (collectively the “Company Parties”), from any and all claims, demands, liabilities and causes of action, whether statutory or common law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims or causes of action relating to any matter occurring on or prior to the date that Employee executes this Agreement, including without limitation any claim arising out of, or relating to: (i) the Age Discrimination in Employment Act of 1967, as amended; (ii) Title VII of the Civil Rights Act of 1964, as amended; (iii) the Civil Rights Act of 1991; (iv) Sections 1981 through 1988 of Title 42 of the United States Code, as amended; (v) the Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Act, as amended; (vii) the Americans with Disabilities Act of 1990, as amended; (viii) the National Labor Relations Act, as amended; (ix) the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; (xi) any state or federal anti-discrimination and/or anti-retaliation law; (xii) any other local, state or federal law, regulation or ordinance; (xiii) any public policy, contract, tort, or common law claim; (xiv) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in the matters referenced herein; and (xv) any and all claims Employee may have arising as the result of any alleged breach of any contract, incentive compensation plan or agreement, restricted unit agreement, or stock option plan or agreement with any Company Party including, without limitation the Employment Agreement (collectively, the “Released Claims”). This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for the consideration recited in Sections 2A and 2B through 2E of this Agreement, any and all potential claims of this nature that Employee may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that he is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC or comparable state or local agency proceeding or subsequent legal actions.

Release by Employee. In consideration for the promises contained herein, Employee hereby releases irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, successors and assigns, the Company and each of the Company's parent companies, its affiliates and its subsidiaries and Board of Directorsstockholders, and their respective predecessors, successors, ownersassigns, partnersagents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, Affiliates (and stockholders, agents, directors, membersofficers, employees, agentsrepresentatives and attorneys of such, attorneysparent companies, benefit plansdivisions, administrators subsidiaries and insurers Affiliates), and all persons acting by, through, under or in concert with any of them (collectively collectively, the “"Company Parties”Releasees"), or any of them, from any and all charges, complaints, claims, demandsliabilities, liabilities and obligations, promises, agreements, controversies, damages, actions, causes of action, whether statutory suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or common lawunknown, suspected or unsuspected, including, but not limited to, claims arising directly or indirectly out of the Employee's employment by the Company, and the termination of the Employee's employment, claims under the Employment Agreement, claims under the Long Term Incentive Plan, claims for compensation of any claim kind, claims for salary, benefits, payments, expenses, costs, damages, penalties, workers' compensation, remunerationclaims in equity or law for wrongful discharge, contractual entitlementsclaims arising in tort, personal injury, defamation, mental anguish, emotional distress, injury to health and reputation, claims under federal, state or local laws prohibiting discrimination on account of age, national origin, race, sex, handicap, religion and similar classifications, claims under the Civil Rights Acts of 1866 and 1871, as amended; and all claims or causes The Civil Rights Act of action relating to any matter occurring on or prior to 1964, Title VII, as amended; the date that Employee executes this Agreement, including without limitation any claim arising out of, or relating to: (i) Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; (ii) Title VII of the Civil Rights Act of 1964, as amended; (iii) the Civil Rights Act of 1991; (iv) Sections 1981 through 1988 of Title 42 of the United States Code, as amended; (v) the Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Act, as amended; (vii) the Americans with Disabilities Act of 1990; Colorado Rev. Stat. (S) 24-34- 402(1)(a), as amended; (viiiS) 24-34-301(1)(1994), and similar claims under the National Labor Relations Actlaws of Canada and any province or political subdivision thereof ("Claim" or "Claims"), as amended; (ix) the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; (xi) any state or federal anti-discrimination and/or anti-retaliation law; (xii) any other local, state or federal law, regulation or ordinance; (xiii) any public policy, contract, tortwhich Employee now has, or common law claim; (xiv) any allegation for costs, feesever claimed to have, or other expenses including attorneys’ fees incurred in could claim against each or any of the matters referenced herein; and (xv) Company Releasees. Employee hereby agrees to forego any and all claims Employee may have arising as the result of right to file any alleged breach of any contract, incentive compensation plan charges or agreement, restricted unit agreement, or stock option plan or agreement complaints with any governmental agencies or a lawsuit against the Company Party including, without limitation Releasees under any of the Employment Agreement (collectivelylaws referenced in this paragraph or with respect to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the “Released Claims”). This Agreement is release by the Employee in this paragraph shall not intended (i) limit the right of the Employee to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for seek to enforce the consideration recited in Sections 2A and 2B provisions of this Agreement, (ii) limit the Employee's right to indemnification under and in accordance with any indemnification provisions applicable to officers and all potential claims directors of this nature that Employee may have against the Company Partiesunder the Company's Certificate of Incorporation or by-laws or under the corporate law of Delaware, regardless of whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to the validity extent applicable to the Employee or (iii) limit the Executive's rights under any insurance policy covering officers or directors of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local agency or participating in any investigation or proceeding conducted by Company, to the EEOC or comparable state or local agency; however, Employee understands and agrees that he is waiving any and all rights extent applicable to recover any monetary or personal relief or recovery as a result of such EEOC or comparable state or local agency proceeding or subsequent legal actionsthe Employee.

Release by Employee. Employee As a material inducement to the Released Parties to ------------------- make the promises described herein, Employee, for himself and his spouse, heirs, representatives, and assigns, does hereby releases release and discharges forever discharge the Company, its affiliates and its subsidiaries and Board of Directors, Released Parties and their respective predecessors, successors, owners, partners, officers, directors, membersshareholders, employeesorganizers, owners, agents, employees and affiliated companies from any actions, suits, proceedings, claims, grievances, charges of discrimination or other claims filed with administrative agencies, causes of action or actions for reinstatement or damages, debts, dues, sums of money, accounts, benefits, reckonings, covenants, contracts, agreements, promises, damages, claims for damages, costs and expenses, attorneys' fees, benefit plans, administrators and insurers (collectively the “Company Parties”), from any and all claims, demands, or liabilities whatsoever of every name and causes of actionnature, whether statutory known or common unknown, accrued or unaccrued, now existing or which may develop in the future, in law, includingequity, or otherwise, which Employee ever had, now has, or hereafter can, shall or may have against the Released Parties, their respective officers, directors, shareholders, organizers, owners, agents, employees or affiliated companies, individually, severally, jointly, collectively, derivatively or otherwise, for, upon or by reason of any matter, cause or thing whatsoever, including but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims or causes of action relating to any matter occurring on or prior to the date that Employee executes this Agreement, including without limitation any claim charges arising out of, or relating to: (i) the Age Discrimination in Employment Act of 1967, as amended; (ii) Title VII of the Civil Rights Act of 1964, as amended; (iii) the Civil Rights Act of 1991; (iv) Sections 1981 through 1988 of Title 42 of the United States CodeAge Discrimination in Employment Act, as amended; (v) the Older Workers' Benefit Protection Act, the Rehabilitation Act of 1973; the Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Americans With Disabilities Act, as amended, 42 U.S.C. Sections 12101, et seq.; (vii) the Americans with Disabilities Act of 199042 U.S.C. -- --- Sections 1981, as amended1985, 1986, and 1988; (viii) the National Labor Relations Act, as amended; (ix) the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993; the Fair Labor Standards Act; the Consolidated Omnibus Reconciliation Act of 1985; the Constitution, as amendedstatutes, regulations or executive orders of the United States and/or the State of South Carolina; (xi) any state or federal anti-discrimination and/or anti-retaliation lawthe South Carolina Payment of Wages Act; (xii) any other local, state or federal the common law, regulation including but not limited to contractual claims and both intentional and unintentional tort claims; and any claim or ordinance; (xiii) any public policyaction, contractwhether known or unknown, tortaccrued or unaccrued, now existing or which may develop in the future, which Employee ever had, now has, or common law claim; (xiv) any allegation for costshereafter can, fees, shall or other expenses including attorneys’ fees incurred in the matters referenced herein; and (xv) any and all claims Employee may have arising as the result of any alleged breach of any contract, incentive compensation plan or agreement, restricted unit agreement, or stock option plan or agreement with any Company Party including, without limitation the Employment Agreement (collectively, the “Released Claims”). This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for the consideration recited in Sections 2A and 2B of this Agreement, any and all potential claims of this nature that Employee may have against the Company Released Parties, regardless their respective officers, directors, shareholders, organizers, owners, agents, employees or affiliated companies, individually, severally, jointly, collectively, derivatively or otherwise, arising out of, as a consequence of, for or by reason of, resulting from, or relating in any way to the relationship and severing of whether they actually existthis relationship between Employee, are expressly settledEmployer and the Bank; including, compromised and waived. Notwithstanding this release but not limited to, any claims arising out of liabilitythe Employment Agreement or the efforts to form the Bank r any subsequent bank, nothing in including any rights as a shareholder or any rights to any stock options, organizer warrants, or other rights to purchase or acquire shares of common stock or other equity interests; provided, however, that this Agreement prevents shall not in any way affect the right of Employee from filing any non-legally waivable claim (including a challenge to the validity seek specific enforcement of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) Agreement or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that he is waiving any and all rights to recover any monetary or personal relief or recovery as xxx for a result of such EEOC or comparable state or local agency proceeding or subsequent legal actionsbreach thereof.

Release by Employee. As consideration for the payments to be made by the Company to Employee hereby releases pursuant to paragraph 2 hereof, Employee agrees for Employee and discharges for Employee's heirs, executors, administrators and assigns, to release and forever discharge the CompanyCompany and all of its parent and subsidiary corporations, its affiliates and its subsidiaries and Board together with each of Directors, and their respective predecessors, successors, owners, partnersagents, officers, directors, members, employees, agents, directors and attorneys, benefit plans, administrators from and insurers (collectively the “Company Parties”), from to waive any and all rights with respect to all manner of claims, demandsactions, liabilities and causes of action, whether statutory or common lawsuits, includingjudgments, but not limited torights, any claim for salarydemands, benefits, payments, expenses, costsdebts, damages, penaltiesor accountings of whatever nature, compensationlegal, remunerationequitable or administrative, contractual entitlements; and all claims whether the same are now known or causes unknown, which Employee ever had, now has or may claim to have, upon or by reason of action relating to the occurrence of any matter occurring on matter, cause or prior thing whatsoever up to the date that Employee executes of this Agreement, including without limitation any claim arising out of, or relating tolimitation: (i) any claim whatsoever (whether under federal or state statutory or common law) arising from or relating to Employee's employment or changes in Employee's employment relationship with the Age Discrimination in Employment Act of 1967Company and its subsidiaries, as amendedincluding Employee's separation, termination or resignation therefrom; (ii) all claims and rights for additional compensation or benefits of whatever nature; (iii) any claim for breach of contract, implied or express, impairment of economic opportunity, intentional or negligent infliction of emotional distress, wage or benefit claim, prima facie tort, defamation, libel, slander, negligent termination, wrongful discharge, or any other tort, whether intentional or negligent; (iv) all claims and rights under Title VII of the Civil Rights Act of 1964, as amended; (iii) the Civil Rights Act Acts of 1866, 1871, or 1991; (iv) Sections 1981 through 1988 of Title 42 of , the United States CodeAge Discrimination in Employment Act, as amended; (v) the Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Act, as amended; (vii) the Americans with With Disabilities Act of 19901993, as amended; (viii) the National Labor Relations Act, as amended; (ix) the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993Act, all as amended; (xi) any state , or federal anti-discrimination and/or anti-retaliation law; (xii) any other localfederal, state state, county or federal law, regulation municipal statute or ordinance; (xiii) ordinance relating to any public policy, contract, tort, condition of employment or common law claim; (xiv) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in the matters referenced hereinemployment discrimination; and (xvv) any and all claims Employee may have arising as the result of any alleged breach of any contract, incentive compensation plan or agreement, restricted unit agreement, or stock option plan or agreement with any Company Party including, without limitation the under Employee's Employment Agreement with the Company. Notwithstanding the foregoing, this release shall not (collectively, i) include any claims relating to the “Released Claims”). This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for obligations of the consideration recited in Sections 2A and 2B of Company under this Agreement, (ii) operate to release Employee's ownership of any common stock of the Company, (iii) affect Employee's vested and all potential claims of this nature that Employee may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any non-legally waivable claim (including accrued rights as a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local agency or participating participant in any investigation of the Company's benefit plans or proceeding conducted (iv) affect Employee's Options referred to in paragraph 2(c) above, it being understood and agreed that the aforesaid items shall not be affected by the EEOC or comparable state or local agency; however, Employee understands and agrees that he is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC or comparable state or local agency proceeding or subsequent legal actionsthis release.

Release by Employee. Employee hereby releases and discharges the Company, its affiliates and its subsidiaries and Board of Directors, and their respective predecessors, successors, owners, partners, officers, directors, members, employees, agents, attorneys, benefit plans, administrators and insurers (collectively the “Company Parties”), from any and all claims, demands, liabilities and causes of action, whether statutory or common law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims or causes of action relating to any matter occurring on or prior to the date that Employee executes this Agreement, including without limitation any claim arising out of, or relating to: (i) the Age Discrimination in Employment Act of 1967, as amended; (ii) Title VII of the Civil Rights Act of 1964, as amended; (iiiii) the Civil Rights Act of 1991; (iviii) Sections 1981 through 1988 of Title 42 of the United States Code, as amended; (viv) the Employee Retirement Income Security Act of 1974, as amended; (viv) the Immigration Reform Control Act, as amended; (viivi) the Americans with Disabilities Act of 1990, as amended; (viiivii) the National Labor Relations Act, as amended; (ixviii) the Occupational Safety and Health Act, as amended; (xix) the Family and Medical Leave Act of 1993, as amended; (xix) any state or federal anti-discrimination and/or anti-retaliation law; (xiixi) any other local, state or federal law, regulation or ordinance; (xiiixii) any public policy, contract, tort, or common law claim; (xivxiii) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in the matters referenced herein; and (xvxiv) any and all claims Employee may have arising as the result of any alleged breach of any contract, incentive compensation plan or agreement, restricted unit agreement, or stock option plan or agreement with any Company Party including, without limitation the Employment Agreement (collectively, the “Released Claims”). This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for the consideration recited in Sections 2A 2A, 2B and 2B 2C of this Agreement, any and all potential claims of this nature that Employee may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that he is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC or comparable state or local agency proceeding or subsequent legal actions.

Release by Employee. Employee EMPLOYEE hereby releases and discharges the Company, its affiliates and its subsidiaries and Board of Directorsthe Board, and their respective predecessors, successors, affiliates, subsidiaries and each of their respective owners, partners, officers, directors, members, employees, agents, attorneys, benefit planssuccessors, administrators and insurers (collectively the “Company Parties”), from any and all claims, demands, liabilities and causes of action, whether statutory or common law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims or causes of action relating to any matter occurring on or prior to the date that Employee executes EMPLOYEE executed this Agreement, including without limitation any claim arising out of, or relating to: (i) the Age Discrimination in Employment Act of 1967, as amended; (ii) Title VII of the Civil Rights Act of 1964, as amended; (iii) the Civil Rights Act of 1991; (iv) Sections 1981 through 1988 of Title 42 of the United States Code, as amended; (v) the Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Act, as amended; (vii) the Americans with Disabilities Act of 1990, as amended; (viii) the National Labor Relations Act, as amended; (ix) the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; (xi) any state or federal anti-discrimination and/or anti-retaliation law; (xii) any other local, state or federal law, regulation or ordinance; (xiii) any public policy, contract, tort, or common law claim; (xiv) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in the matters referenced herein; and (xv) any and all claims Employee EMPLOYEE may have arising as the result of any alleged breach of any contract, incentive compensation plan or agreement, restricted unit agreement, or stock option plan or agreement with any Company Party including, without limitation the Employment Agreement (collectively, the “Released Claims”). This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee EMPLOYEE is simply agreeing that, in exchange for the consideration recited in Sections 2A and 2B Section 1 of this Agreement, any and all potential claims of this nature that Employee EMPLOYEE may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that he is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC or comparable state or local agency proceeding or subsequent legal actions.

Release by Employee. Employee hereby releases and discharges the Company, its affiliates and its subsidiaries and Board of Directors, and their respective predecessors, successors, owners, partners, officers, directors, members, employees, agents, attorneys, benefit plans, administrators and insurers (collectively the “Company Parties”), from any and all claims, demands, liabilities and causes of action, whether statutory or common law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims or causes of action relating to any matter occurring on or prior to the date that Employee executes this Agreement, including without limitation any claim arising out of, or relating to: (i) the Age Discrimination in Employment Act of 1967, as amended; (ii) Title VII of the Civil Rights Act of 1964, as amended; (iii) the Civil Rights Act of 1991; (iv) Sections 1981 through 1988 of Title 42 of the United States Code, as amended; (v) the Employee Retirement Income Security Act of 1974, as amended; (vi) the Immigration Reform Control Act, as amended; (vii) the Americans with Disabilities Act of 1990, as amended; (viii) the National Labor Relations Act, as amended; (ix) the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; (xi) any state or federal anti-discrimination and/or anti-retaliation law; (xii) any other local, state or federal law, regulation or ordinance; (xiii) any public policy, contract, tort, or common law claim; (xiv) any allegation for costs, fees, or other expenses including attorneys’ fees incurred in the matters referenced herein; and (xv) any and all claims Employee may have arising as the result of any alleged breach of any contract, incentive compensation plan or agreement, restricted unit agreement, or stock option plan or agreement with any Company Party including, without limitation the Employment Agreement (collectively, the “Released Claims”). This Agreement is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for the consideration recited in Sections 2A and 2B through 2D of this Agreement, any and all potential claims of this nature that Employee may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that he is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC or comparable state or local agency proceeding or subsequent legal actions.

Release by Employee. The Employee hereby releases (i.e., gives up) all known and discharges unknown claims that the Employee presently has against the Company, all current and former parents, subsidiaries, related companies, partnerships, joint ventures, or other affiliates, and, with respect to each of them, their predecessors and successors; and, with respect to each such entity, all of its affiliates and its subsidiaries and Board of Directorspast, present, and their respective predecessors, successors, owners, partnersfuture employees, officers, directors, membersstockholders, employeesowners, representatives, assigns, attorneys, agents, attorneysinsurers, employee benefit plansprograms (and the trustees, administrators administrators, fiduciaries, and insurers of such programs), and any other persons acting by, through, under or in concert with any of the persons or entities listed in this section, and their successors (collectively collectively, the “Company Released Parties”), from any and except claims that the law does not permit the Employee to waive by signing this Agreement. For example, the Employee is releasing all claimscommon law contract, demandstort, liabilities and causes of actionor other claims the Employee might have, whether statutory or common law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and as well as all claims or causes of action relating to any matter occurring on or prior to the date that Employee executes this might have under the Employment Agreement, including without limitation any claim arising out ofexcept for those sections that expressly survive as set forth in Sections 7 and 8 hereof, or relating to: (i) the Age Discrimination in Employment Act of 1967(ADEA), as amended; (ii) the WARN Act, Title VII of the Civil Rights Act of 1964, as amended; (iii) Sections 1981 and 1983 of the Civil Rights Act of 1991; 1866, the Americans With Disabilities Act (iv) Sections 1981 through 1988 of Title 42 of the United States CodeADA), as amended; (v) the Employee Retirement Income Security Act of 19741974 (ERISA), as amended; (vi) the Immigration Reform Control Act, as amended; (vii) the Americans with Disabilities Act of 1990, as amended; (viii) the National Labor Relations Act, as amended; (ix) the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; (xi) any similar state or federal anti-discrimination and/or anti-retaliation law; (xii) local laws, the New York State Human Rights Law, the New York City Human Rights Law, the New York State Labor Law or any other localfederal, state or federal local constitution, law, regulation or statute, ordinance; (xiii) any public policy, contract, tort, or common law claim; (xiv) any allegation for costsregulation regarding or related to employment, feeswages, commissions, bonuses, compensation, employee benefits, termination of employment, or other expenses including attorneys’ fees incurred discrimination in employment. The Employee acknowledges that ten percent (10%) of the matters referenced herein; and (xv) total payments being paid to Employee hereunder is paid for waiving any and all claims Employee he may have arising as under the result of any alleged breach of any contract, incentive compensation plan or agreement, restricted unit agreement, or stock option plan or agreement with any Company Party including, without limitation the Age Discrimination in Employment Agreement Act (collectively, the “Released ClaimsADEA”). This Agreement The Employee’s waiver of any ADEA claims is not intended to indicate that any such claims exist or that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for an entirely separate agreement from the consideration recited in Sections 2A and 2B balance of this Agreement, any and all potential claims of this nature that Employee may have against the Company Parties, regardless of whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to the validity of this Agreement) with the Equal Employment Opportunity Commission (“EEOC”) or comparable state or local agency or participating in any investigation or proceeding conducted by the EEOC or comparable state or local agency; however, Employee understands and agrees that he is waiving any and all rights to recover any monetary or personal relief or recovery as a result of such EEOC or comparable state or local agency proceeding or subsequent legal actionsrelease.