Common use of Release by Employee Clause in Contracts

Release by Employee. In consideration for the promises contained herein, Employee hereby 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, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, Affiliates (and stockholders, agents, directors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliates), and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, 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 kind, claims for workers' compensation, claims in equity or law for wrongful discharge, claims 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; the Civil Rights Act of 1964, Title VII, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Americans with Disabilities Act of 1990; similar Colorado laws, including Colorado Rev. Stat. (S) 24-34-402(1)(a), (S) 24-34-301(1)(1994), and similar claims under the laws of Canada and any province or political subdivision thereof ("Claim" or "Claims"), which Employee now has, or ever claimed to have, or could claim against each or any of the Company Releasees. Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or a lawsuit against the Company Releasees under any of the laws referenced in this paragraph or with respect to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreement.

Release by Employee. In consideration for The Employee releases (i.e., gives up) all known and unknown claims that the promises contained hereinEmployee presently has against the Company, Employee hereby irrevocably all current and unconditionally releasesformer parents, acquits subsidiaries, related companies, partnerships, joint ventures, or other affiliates, and, with respect to each of them, their predecessors and forever discharges for himself successors; and, with respect to each such entity, all of its past, present, and his heirsfuture employees, executorsofficers, directors, stockholders, owners, representatives, assigns, attorneys, agents, insurers, employee benefit programs (and the trustees, administrators, successors fiduciaries, and assigns, the Company and each insurers of the Company's parent companies, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, Affiliates (and stockholders, agents, directors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliatessuch programs), and all any other persons acting by, through, under or in concert with any of them the persons or entities listed in this section, and their successors (collectively, the "Company Releasees"“Released Parties”), except claims that the law does not permit the Employee to waive by signing this Agreement. For example, the Employee is releasing all common law contract, tort, or any of themother claims the Employee might have, from any and as well as all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, 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 Employee might have under the Employment Agreement, claims under except for those sections that expressly survive as set forth in Sections 7 and 8 hereof, the Long Term Incentive PlanAge Discrimination in Employment Act (ADEA), claims for compensation the WARN Act, Title VII of any kind, claims for workers' compensation, claims in equity or law for wrongful discharge, claims 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; the Civil Rights Act of 1964, Title VII, as amended; Sections 1981 and 1983 of the Civil Rights Act of 1991; 1866, the Age Discrimination in Employment Americans With Disabilities Act of 1967(ADA), as amended; the Employee Retirement Income Security Act of 1974, as amended; the Americans with Disabilities Act of 1990; similar Colorado laws, including Colorado Rev. Stat. 1974 (S) 24-34-402(1)(a), (S) 24-34-301(1)(1994ERISA), and similar state or 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 federal, state or local constitution, law, statute, ordinance, or regulation regarding or related to employment, wages, commissions, bonuses, compensation, employee benefits, termination of employment, or discrimination in employment. The Employee acknowledges that ten percent (10%) of the total payments being paid to Employee hereunder is paid for waiving any claims he may have under the laws Age Discrimination in Employment Act (“ADEA”). The Employee’s waiver of Canada and any province or political subdivision thereof ("Claim" or "Claims"), which Employee now has, or ever claimed to have, or could claim against each or any of ADEA claims is an entirely separate agreement from the Company Releasees. Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or a lawsuit against the Company Releasees under any of the laws referenced in this paragraph or with respect to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions balance of this Agreementrelease.

Release by Employee. In consideration for the promises contained herein, Employee hereby irrevocably releases 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, stockholdersits affiliates and its subsidiaries and Board of Directors, and their respective predecessors, successors, assignsowners, partners, officers, directors, members, employees, agents, directors, officers, employees, representatives, attorneys, divisionsbenefit plans, subsidiaries, Affiliates administrators and insurers (and stockholders, agents, directors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliatescollectively the “Company Parties”), and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, liabilitiesdemands, obligations, promises, agreements, controversies, damages, actions, liabilities and causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known whether statutory or unknown, suspected or unsuspectedcommon law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims arising directly or indirectly out causes of action relating to any matter occurring on or prior to the Employee's employment by the Company, and the termination of the Employee's employment, claims under the Employment date that Employee executes this Agreement, claims under the Long Term Incentive Planincluding without limitation any claim arising out of, claims for compensation of any kind, claims for workers' compensation, claims in equity or law for wrongful discharge, claims 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; the Civil Rights Act of 1964, Title VII, as amended; the Civil Rights Act of 1991; 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; similar Colorado laws(viii) the National Labor Relations Act, including Colorado Rev. Stat. as amended; (Six) 24the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; (xi) any state or federal anti-34discrimination and/or anti-402(1)(a)retaliation law; (xii) any other local, state or federal law, regulation or ordinance; (Sxiii) 24-34-301(1)(1994)any public policy, and similar claims under the laws of Canada and any province or political subdivision thereof ("Claim" or "Claims")contract, which Employee now hastort, or ever claimed to havecommon law claim; (xiv) any allegation for costs, fees, or could claim against each 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 any of the Company Releasees. Employee hereby agrees to forego any right to file any charges agreement, restricted unit agreement, or complaints stock option plan or agreement with any governmental agencies 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 a lawsuit that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for the consideration recited in Sections 2A through 2D of this Agreement, any and all potential claims of this nature that Employee may have against the Company Releasees under any Parties, regardless of the laws referenced whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this paragraph or with respect Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions 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 hereinin paragraph 1, Employee you hereby irrevocably and unconditionally releases, acquits release and forever discharges for himself discharge quepasa, their respective parents, subsidiaries, related and his heirs, executors, administrators, successors and assigns, the Company and each of the Company's parent affiliated companies, stockholders, predecessors, successors, assigns, agentsand its and their past and present employees, directors, officers, employeesagents, representativesshareholders, members, insurers, attorneys, divisionsexecutors, subsidiaries, Affiliates assigns and other representatives of any kind (and stockholders, agents, directors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliates), and all persons acting by, through, under or referred to in concert with any of them (collectively, the this Agreement as "Company ReleaseesReleased Parties"), or any of them, ) from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suitsdemands, rights, demands, costs, losses, debts liabilities and expenses (including attorneys' fees and costs actually incurred) causes of action of any nature whatsoeverkind or nature, known or unknown, suspected arising prior to or unsuspectedthrough the date you execute this letter agreement, including, but not limited to, claims any claims, demands, rights, liabilities and causes of action arising directly or indirectly having arisen out of the Employee's or in connection with your employment by the Company, and the or termination of the Employee's employmentemployment with quepasa. You also release and waive any claim or right to further compensation, claims under the Employment Agreementbenefits, claims under the Long Term Incentive Plandamages, claims for compensation penalties, attorneys' fees, costs or expenses of any kindkind from quepasa or any of the other Released Parties. You further agree not to file, pursue or participate in any claims, charges, actions or proceedings of any kind in any forum against any of the Released Parties with respect to any manner arising out of or in connection with his/her employment with quepasa or termination of such employment (other than pursuing a claim for Unemployment Compensation benefits to which he/she may be entitled). This release specifically includes, but is not limited to, a release of any and all claims for workers' compensation, claims in equity or law for wrongful discharge, claims arising in tort, personal injury, defamation, mental anguish, emotional distress, injury pursuant to health and reputation, claims under federal, state or local laws prohibiting discrimination on account federal wage payment laws; Title VII of age, national origin, race, sex, handicap, religion and similar classifications, claims under the Civil Rights Acts of 1866 and 1871, as amended; the Civil Rights Act of 1964; the Rehabilitation Act of 1973; the Reconstruction Era Civil Rights Acts, Title VII, as amended42 U.S.C. 1981-1988; the Civil Rights Act of 1991; the Age Discrimination in Employment Americans with Disabilities Act; Executive Order 11246; state or federal family and/or medical leave acts; the Consolidated Omnibus Budget Reconciliation Act of 1967, as amended1985; the Employee Retirement Income Security Act of 1974; and any other federal, state or local laws not limited to, a release of any claims for wrongful termination, tort, breach of contract, defamation, misrepresentation, violation of public policy or invasion of privacy. This release covers claims that you know about as amended; the Americans with Disabilities Act of 1990; similar Colorado laws, including Colorado Rev. Stat. (S) 24-34-402(1)(a), (S) 24-34-301(1)(1994)well as those he/she may not know about, and similar claims under the laws of Canada both liquidated and any province or political subdivision thereof ("Claim" or "Claims"), which Employee now has, or ever claimed to have, or could claim against each or any of the Company Releasees. Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or a lawsuit against the Company Releasees under any of the laws referenced in this paragraph or with respect to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreementunliquidated claims.

Release by Employee. In consideration for the promises contained herein, Employee hereby irrevocably releases 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, stockholdersits affiliates and its subsidiaries and Board of Directors, and their respective predecessors, successors, assignsowners, partners, officers, directors, members, employees, agents, directors, officers, employees, representatives, attorneys, divisionsbenefit plans, subsidiaries, Affiliates administrators and insurers (and stockholders, agents, directors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliatescollectively the “Company Parties”), and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, liabilitiesdemands, obligations, promises, agreements, controversies, damages, actions, liabilities and causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known whether statutory or unknown, suspected or unsuspectedcommon law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims arising directly or indirectly out causes of action relating to any matter occurring on or prior to the Employee's employment by the Company, and the termination of the Employee's employment, claims under the Employment date that Employee executes this Agreement, claims under the Long Term Incentive Planincluding without limitation any claim arising out of, claims for compensation of any kind, claims for workers' compensation, claims in equity or law for wrongful discharge, claims 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; the Civil Rights Act of 1964, Title VII, as amended; the Civil Rights Act of 1991; 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; similar Colorado laws(viii) the National Labor Relations Act, including Colorado Rev. Stat. as amended; (Six) 24the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; (xi) any state or federal anti-34discrimination and/or anti-402(1)(a)retaliation law; (xii) any other local, state or federal law, regulation or ordinance; (Sxiii) 24-34-301(1)(1994)any public policy, and similar claims under the laws of Canada and any province or political subdivision thereof ("Claim" or "Claims")contract, which Employee now hastort, or ever claimed to havecommon law claim; (xiv) any allegation for costs, fees, or could claim against each 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 any of the Company Releasees. Employee hereby agrees to forego any right to file any charges agreement, restricted unit agreement, or complaints stock option plan or agreement with any governmental agencies 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 a lawsuit that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for the consideration recited in Sections 2A through 2E of this Agreement, any and all potential claims of this nature that Employee may have against the Company Releasees under any Parties, regardless of the laws referenced whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this paragraph or with respect Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions 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 irrevocably releases 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, stockholdersits affiliates and its subsidiaries and Board of Directors, and their respective predecessors, successors, assignsowners, partners, officers, directors, members, employees, agents, directors, officers, employees, representatives, attorneys, divisionsbenefit plans, subsidiaries, Affiliates administrators and insurers (and stockholders, agents, directors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliatescollectively the “Company Parties”), and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, liabilitiesdemands, obligations, promises, agreements, controversies, damages, actions, liabilities and causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known whether statutory or unknown, suspected or unsuspectedcommon law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims arising directly or indirectly out causes of action relating to any matter occurring on or prior to the Employee's employment by the Company, and the termination of the Employee's employment, claims under the Employment date that Employee executes this Agreement, claims under the Long Term Incentive Planincluding without limitation any claim arising out of, claims for compensation or relating to: (i) Title VII of any kind, claims for workers' compensation, claims in equity or law for wrongful discharge, claims 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; the Civil Rights Act of 1964, Title VII, as amended; (ii) the Civil Rights Act of 1991; (iii) Sections 1981 through 1988 of Title 42 of the Age Discrimination in Employment Act of 1967United States Code, as amended; (iv) the Employee Retirement Income Security Act of 1974, as amended; (v) the Immigration Reform Control Act, as amended; (vi) the Americans with Disabilities Act of 1990, as amended; similar Colorado laws(vii) the National Labor Relations Act, including Colorado Rev. Stat. as amended; (Sviii) 24the Occupational Safety and Health Act, as amended; (ix) the Family and Medical Leave Act of 1993, as amended; (x) any state or federal anti-34discrimination and/or anti-402(1)(a)retaliation law; (xi) any other local, state or federal law, regulation or ordinance; (Sxii) 24-34-301(1)(1994)any public policy, and similar claims under the laws of Canada and any province or political subdivision thereof ("Claim" or "Claims")contract, which Employee now hastort, or ever claimed to havecommon law claim; (xiii) any allegation for costs, fees, or could claim against each other expenses including attorneys’ fees incurred in the matters referenced herein; and (xiv) any and all claims Employee may have arising as the result of any alleged breach of any contract, incentive compensation plan or any of the Company Releasees. Employee hereby agrees to forego any right to file any charges agreement, restricted unit agreement, or complaints stock option plan or agreement with any governmental agencies 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 a lawsuit that, if they do exist, they are meritorious. Rather, Employee is simply agreeing that, in exchange for the consideration recited in Sections 2A, 2B and 2C of this Agreement, any and all potential claims of this nature that Employee may have against the Company Releasees under any Parties, regardless of the laws referenced whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this paragraph or with respect Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions 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 EMPLOYEE hereby releases and discharges the promises contained herein, Employee hereby irrevocably and unconditionally releases, acquits and forever discharges for himself and his heirs, executors, administrators, successors and assignsCompany, the Company and each of the Company's parent companiesBoard, stockholders, their predecessors, successors, assignsaffiliates, subsidiaries and each of their respective owners, partners, officers, directors, members, employees, agents, directors, officers, employees, representatives, attorneys, divisionssuccessors, subsidiaries, Affiliates administrators and insurers (and stockholders, agents, directors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliatescollectively the “Company Parties”), and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, liabilitiesdemands, obligations, promises, agreements, controversies, damages, actions, liabilities and causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known whether statutory or unknown, suspected or unsuspectedcommon law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims arising directly or indirectly out causes of action relating to any matter occurring on or prior to the Employee's employment by the Company, and the termination of the Employee's employment, claims under the Employment date that EMPLOYEE executed this Agreement, claims under the Long Term Incentive Planincluding without limitation any claim arising out of, claims for compensation of any kind, claims for workers' compensation, claims in equity or law for wrongful discharge, claims 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; the Civil Rights Act of 1964, Title VII, as amended; the Civil Rights Act of 1991; 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; similar Colorado laws(viii) the National Labor Relations Act, including Colorado Rev. Stat. as amended; (Six) 24the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; (xi) any state or federal anti-34-402(1)(a)discrimination law; (xii) any other local, state or federal law, regulation or ordinance; (Sxiii) 24-34-301(1)(1994)any public policy, and similar claims under the laws of Canada and any province or political subdivision thereof ("Claim" or "Claims")contract, which Employee now hastort, or ever claimed to havecommon law claim; (xiv) any allegation for costs, fees, or could claim against each 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 any of the Company Releasees. Employee hereby agrees to forego any right to file any charges agreement, restricted unit agreement, or complaints stock option plan or agreement with any governmental agencies 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 a lawsuit that, if they do exist, they are meritorious. Rather, EMPLOYEE is simply agreeing that, in exchange for the consideration recited in Section 1 of this Agreement, any and all potential claims of this nature that EMPLOYEE may have against the Company Releasees under any Parties, regardless of the laws referenced in this paragraph or with respect to any matters covered by the release in this paragraph. Notwithstanding the foregoingwhether they actually exist, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions of this Agreementare expressly settled, compromised and waived.

Release by Employee. In consideration for the promises contained herein, Employee hereby irrevocably releases 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, stockholdersits affiliates and its subsidiaries and Board of Directors, and their respective predecessors, successors, assignsowners, partners, officers, directors, members, employees, agents, directors, officers, employees, representatives, attorneys, divisionsbenefit plans, subsidiaries, Affiliates administrators and insurers (and stockholders, agents, directors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliatescollectively the “Company Parties”), and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, liabilitiesdemands, obligations, promises, agreements, controversies, damages, actions, liabilities and causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known whether statutory or unknown, suspected or unsuspectedcommon law, including, but not limited to, any claim for salary, benefits, payments, expenses, costs, damages, penalties, compensation, remuneration, contractual entitlements; and all claims arising directly or indirectly out causes of action relating to any matter occurring on or prior to the Employee's employment by the Company, and the termination of the Employee's employment, claims under the Employment date that Employee executes this Agreement, claims under the Long Term Incentive Planincluding without limitation any claim arising out of, claims for compensation of any kind, claims for workers' compensation, claims in equity or law for wrongful discharge, claims 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; the Civil Rights Act of 1964, Title VII, as amended; the Civil Rights Act of 1991; 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; similar Colorado laws(viii) the National Labor Relations Act, including Colorado Rev. Stat. as amended; (Six) 24the Occupational Safety and Health Act, as amended; (x) the Family and Medical Leave Act of 1993, as amended; (xi) any state or federal anti-34discrimination and/or anti-402(1)(a)retaliation law; (xii) any other local, state or federal law, regulation or ordinance; (Sxiii) 24-34-301(1)(1994)any public policy, and similar claims under the laws of Canada and any province or political subdivision thereof ("Claim" or "Claims")contract, which Employee now hastort, or ever claimed to havecommon law claim; (xiv) any allegation for costs, fees, or could claim against each 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 any of the Company Releasees. Employee hereby agrees to forego any right to file any charges agreement, restricted unit agreement, or complaints stock option plan or agreement with any governmental agencies 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 a lawsuit 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 Releasees under any Parties, regardless of the laws referenced whether they actually exist, are expressly settled, compromised and waived. Notwithstanding this release of liability, nothing in this paragraph or with respect Agreement prevents Employee from filing any non-legally waivable claim (including a challenge to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not limit the right of the Employee to seek to enforce the provisions 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 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, stockholders, predecessors, successors, assigns, agents, directors, officers, employees, representatives, attorneys, divisions, subsidiaries, Affiliates (and stockholders, agents, directors, officers, employees, representatives and attorneys of such, parent companies, divisions, subsidiaries and Affiliates), and all persons acting by, through, under or in concert with any of them (collectively, the "Company Releasees"), or any of them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever, known or unknown, 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 kind, claims for workers' compensation, claims in equity or law for wrongful discharge, claims 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; the The Civil Rights Act of 1964, Title VII, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Americans with Disabilities Act of 1990; similar Colorado laws, including Colorado Rev. Stat. (S) 24-34-34- 402(1)(a), (S) 24-34-301(1)(1994), and similar claims under the laws of Canada and any province or political subdivision thereof ("Claim" or "Claims"), which Employee now has, or ever claimed to have, or could claim against each or any of the Company Releasees. Employee hereby agrees to forego any right to file any charges or complaints with any governmental agencies or a lawsuit against the Company Releasees under any of the laws referenced in this paragraph or with respect to any matters covered by the release in this paragraph. Notwithstanding the foregoing, the release by the Employee in this paragraph shall not (i) limit the right of the Employee to seek to enforce the provisions of this Agreement, (ii) limit the Employee's right to indemnification under and in accordance with any indemnification provisions applicable to officers and directors of the Company under the Company's Certificate of Incorporation or by-laws or under the corporate law of Delaware, to the extent applicable to the Employee or (iii) limit the Executive's rights under any insurance policy covering officers or directors of the Company, to the extent applicable to the Employee.