Common use of Release by Executive Clause in Contracts

Release by Executive. Executive, on behalf of himself, his spouse, successors, heirs, and assigns, and except as expressly set forth herein, hereby and forever releases and discharges Apogee, including its parents, affiliates, subsidiaries, business units, directors, officers, employees, agents, predecessors, successors, assigns, and insurers (the “Apogee Released Parties”) to the fullest extent permitted by law from, and covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against any Apogee Released Party with respect to, any and all claims, debts, liabilities, demands, promises, agreements, costs and expenses (including but not limited to attorneys’ fees), damages, actions, any causes or action, of whatever kind or nature, whether known or unknown, fixed or contingent, arising out of any act or omission occurring before Executive’s execution of this Agreement, including but not limited to any claims based on, arising out of, or related to Executive’s employment with, or the ending of employment with, Apogee or any Apogee Affiliated Company; any claims arising from rights under federal, state and/or local laws, including but not limited to those related to contract, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, including but not limited to any alleged violation of Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Americans with Disabilities Act of 1990, as amended; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act (the “ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Minnesota Human Rights Act (“MHRA”); the Employee Retirement and Income Security Act; any claims grounded in contract or tort theories, including but not limited to breach of express or implied contract; tortious interference with contractual relations; promissory estoppel; breach of promise; breach of manuals or other policies; assault; battery; fraud; false imprisonment; invasion of privacy; misrepresentation; defamation, including libel, slander, and self-publication defamation; infliction of emotional distress; and/or harassment, or any other claim of any kind whatsoever, including but not limited to any claim for damages or declaratory or injunctive relief of any kind (the “Executive Released Claims”). Executive acknowledges that he may later discover facts in addition to or different from the facts which he now believes to be true with respect to the subject matter of the Executive Released Claims, but that he has fully, finally, and forever settled and released any and all Executive Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist, or heretofore have existed, without regard to the subsequent discovery or existence of such different or additional facts.

Release by Executive. ExecutiveIn consideration for the promises set forth above, on behalf of himself, the Executive for himself and his spouse, successors, heirs, successors and assigns, and except as expressly set forth hereindoes hereby waive, hereby release, acquit and forever releases discharge the Corporation and discharges Apogeeeach of its current, including its parentsformer, and future parent corporations, subsidiaries, affiliates, subsidiariesemployee benefit plans, business unitsand related entities or corporations, and their past and present officers, directors, officersstockholders, employees, creditors, fiduciaries, agents, employees, partners, attorneys, representatives, promoters, heirs, predecessors, successors, assignsand xxxxxxx, and insurers (the each a “Apogee Corporation Released PartiesParty”) to the fullest extent permitted by law from), and covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against any Apogee Released Party with respect to, from any and all claims, debts, liabilities, demands, promises, agreements, costs and expenses (including but not limited to attorneys’ fees), damages, actions, any charges, complaints, grievances and causes or actionof action (hereinafter collectively referred to as “Executive Claims”), of whatever kind or nature, nature whether known or unknown, fixed which exist or contingent, arising out of any act or omission occurring before may exist on the Executive’s execution behalf against each Corporation Released Party as of the date of this Letter Agreement. The Executive understands and agrees that he is waiving any and all rights he may have had, now has, or in the future may have, to pursue any and all remedies available to him including, without limitation, any and all claims under the Consulting Agreement and Mutual General Release, entered into between the Executive and the Corporation on October 2, 2013, as amended on October 14, 2013 and December 29, 2013, tort claims, public policy claims, retaliation claims, statutory claims, California Labor Code claims, personal injury claims, emotional distress claims, invasion of privacy claims, defamation claims, fraud claims, quantum meruit claims, and any and all claims arising under any federal, state or other governmental statute, law, regulation or ordinance covering employment, conditions of employment (including wage and hour laws) and/or discrimination in employment, including but not limited to any claims based onto, arising out ofall as amended, or related to Executive’s employment withthe United States Constitution, or the ending Constitution of employment withthe State of California, Apogee or any Apogee Affiliated Company; any claims arising from rights under federal, state and/or local laws, including but not limited to those related to contract, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, including but not limited to any alleged violation of Title VII of the Civil Rights Act of 1964, The Civil Rights the Age Discrimination in Employment Act of 19911967 (the “ADEA”), Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Americans with Disabilities Act of 1990, as amended; the Occupational Safety and Health ActEmployee Retirement Income Security Act of 1974, as amended; the Age Discrimination in Employment Act (the “ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Worker Adjustment and Retraining Notification Act; , the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the California Family Rights Act, and the California Fair Employment and Housing Act, including race, color, religious creed, national origin, ancestry, physical or mental disability, medical condition, family care leave, marital status, sex, sexual orientation, age and any harassment or retaliation. Notwithstanding the foregoing, the Executive is not hereby releasing the Corporation from any of the following claims (collectively, the “Excluded Claims”): (a) any rights or claim for indemnification the Executive may have pursuant to any written indemnification agreement with the Corporation to which he is a party, the charter or Bylaws, or under applicable law; the Minnesota Human Rights Act (“MHRA”)b) any rights which cannot be waived as a matter of law; the Employee Retirement and Income Security Act; (c) any claims grounded in contract or tort theories, including but not limited to arising from the breach of express this Letter Agreement by the Corporation; or implied contract; tortious interference with contractual relations; promissory estoppel; breach of promise; breach of manuals or other policies; assault; battery; fraud; false imprisonment; invasion of privacy; misrepresentation; defamation(d) any rights reserved to the Executive under Section 7 hereof. In addition, including libelnothing in this Letter Agreement prevents the Executive from filing, slander, and self-publication defamation; infliction of emotional distress; and/or harassmentcooperating with, or participating in any proceeding before the Equal Employment Opportunity Commission, the Department of Labor, or the California Department of Fair Employment and Housing, except that the Executive hereby waives any right to any monetary benefits in connection with any such claim, charge or proceeding. The Executive hereby represents and warrants that, other claim than the Excluded Claims, he is not aware of any kind whatsoever, including but not limited to any claim for damages or declaratory or injunctive relief of any kind (the “Executive Released Claims”). Executive acknowledges that he may later discover facts in addition to or different from the facts which he now believes to be true with respect to the subject matter of the Executive Released Claims, but that claims he has fullyor might have against the Corporation or its directors, finallyofficers, and forever settled and released any and all Executive Released Claimsemployees, known stockholders, partners, agents, attorneys, predecessors, successors, parent or unknownsubsidiary entities, suspected insurers, affiliates or unsuspected, contingent or non-contingent, which now exist, or heretofore have existed, without regard to the subsequent discovery or existence of such different or additional factsassigns.

Release by Executive. Executive, on behalf of himself, a. Executive for himself and his spouse, successors, heirs, and assigns, and except as expressly set forth herein, hereby and forever releases and discharges Apogee, including its parents, affiliates, subsidiaries, business units, directors, officers, employees, agents, predecessorsdependents, successors, assigns, heirs, executors and insurers administrators (and his and their legal representatives of every kind), hereby releases, dismisses, remisses and forever discharges the “Apogee Released Parties”) to the fullest extent permitted by law from, and covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against any Apogee Released Party with respect to, Company from any and all claimsarbitrations, debts, liabilitiesclaims (including claims for attorney's fees), demands, promises, agreements, costs and expenses (including but not limited to attorneys’ fees), damages, actionssuits, proceedings, actions and/or causes of action of any causes or action, of whatever kind or natureand every description, whether known or unknown, fixed which Executive now has or contingentmay have had for, upon, or by reason of any cause whatsoever (except that this release shall not apply to (x) the obligations of the Company arising under this Agreement and (y) Executive's rights of indemnification by the Company, if any, pursuant to the Company's certificate of incorporation or by-laws or any agreement between the Company and Executive), against the Company ("claims"), including but not limited to: (i) any and all claims, directly or indirectly, arising out of or relating to: (A) Executive's past employment or service with the Company; and (B) Executive's resignation as Vice President Business Development of the Company and any act or omission occurring before Executive’s execution other position described in Paragraph 1 of this Agreement. (ii) any and all claims of discrimination, including but not limited to claims of discrimination on the basis of sex, race, age, national origin, marital status, religion or disability, including, specifically, but without limiting the generality of the foregoing, any claims based onunder the Age Discrimination in Employment Act, arising out ofas amended (the "ADEA"), or related to Executive’s employment with, or the ending of employment with, Apogee or any Apogee Affiliated Company; any claims arising from rights under federal, state and/or local laws, including but not limited to those related to contract, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, including but not limited to any alleged violation of Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The , the Americans with Disabilities Act of 1990, as amended; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act (the “ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Minnesota Human Rights Act of 1993 and Ohio Revised Code Chapter 4112; (“MHRA”); the Employee Retirement iii) any and Income Security Act; all claims of wrongful or unjust discharge or breach of any claims grounded in contract or tort theoriespromise, express or implied; and (iv) any and all claims under or relating to any and all employee compensation, employee benefit, employee severance or employee incentive bonus plans and arrangements, all of which Executive agrees are forfeited upon his resignation; provided that he shall remain entitled to the amounts and benefits described in Paragraph 2 above. Executive agrees that he intends to release any and all workers compensation claims he may have against the Company by this Agreement, and further agrees to execute any documentation as may be reasonably required to perfect such release when presented to him by the Company. b. Executive understands and acknowledges that the Company does not admit any violation of law, liability or invasion of any of his rights and that any such violation, liability or invasion is expressly denied. The consideration provided under this Agreement is made for the purpose of settling and extinguishing all claims and rights (and every other similar or dissimilar matter) that Executive ever had or now may have or ever will have against the Company to the extent provided in this Paragraph 4. Executive further agrees and acknowledges that no representations, promises or inducements have been made by the Company other than as appear in this Agreement. c. Executive further understands and acknowledges that: (i) The release provided for in this Paragraph 4, including but claims under the ADEA to and including the date of this Agreement, is in exchange for the additional consideration provided for in this Agreement, to which consideration he was not limited heretofore entitled; specifically, in addition to breach continuation of express or implied contract; tortious interference medical benefits listed in paragraph 2 (b) of this agreement, an additional 12 months of medical benefit continuation, less appropriately monthly premiums, for a total of 36 months, at which time said Executive will be eligible for coverage continuation as provided by COBRA. (ii) He has been advised by the Company to consult with contractual relations; promissory estoppel; breach legal counsel prior to executing this Agreement and the release provided for in this Paragraph 4, has had an opportunity to consult with and to be advised by legal counsel of promise; breach his choice, fully understands the terms of manuals or other policies; assault; battery; fraud; false imprisonment; invasion of privacy; misrepresentation; defamation, including libel, slanderthis Agreement, and selfenters into this Agreement freely, voluntarily and intending to be bound; (iii) He has been given a period of twenty-publication defamation; infliction one days to review and consider the terms of emotional distress; and/or harassmentthis Agreement, or any other claim of any kind whatsoeverand the release contained herein, including but not limited prior to any claim for damages or declaratory or injunctive relief of any kind (the “Executive Released Claims”). Executive acknowledges its execution and that he may later discover facts use as much of the twenty-one day period as he desires; and (iv) He may, within seven days after execution, revoke the release set forth in addition this Paragraph 4. Revocation shall be made by delivering a written notice of revocation to or different from the facts which he now believes Vice President of Human Resources at the Company. For such revocation to be true with respect effective, written notice must be actually received by the Vice President of Human Resources at the Company no later than the close of business on the seventh day after Executive executes this Agreement. If Executive does exercise his right to the subject matter revoke this release, all of the terms and conditions of the Agreement shall be of no force and effect and the Company shall have no obligation to satisfy the terms or make any payment to Executive Released Claimsas set forth in Paragraph 2 of this Agreement. d. Executive will never file a lawsuit or other complaint asserting any claim that is released in this Paragraph 4. e. Executive and the Company acknowledge that his resignation is by mutual agreement between the Company and Executive, but and that Executive waives and releases any claim that he has fullyor may have to reemployment. f. For purposes of the above provisions of this Paragraph 4, finallythe "Company" shall include its present and former predecessors, subsidiaries, divisions, related or affiliated companies, officers, directors, stockholders, members, employees, heirs, successors, assigns, representatives, agents, accountants and forever settled and released any and all Executive Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist, or heretofore have existed, without regard to the subsequent discovery or existence of such different or additional factscounsel.

Release by Executive. Executive, on her own behalf and on behalf of himselfher descendants, his spouse, successorsdependents, heirs, executors, administrators, assigns and assignssuccessors and anyone else claiming through her (the “Executive Parties”), and except as expressly set forth hereineach of them, hereby and forever releases and discharges Apogeeand covenants not to xxx Parent, including its parentsEmployer and each of their respective divisions, affiliatesSubsidiaries, subsidiariesparents or Affiliates, business unitspast and present, and each of them, as well as their respective assignees, predecessors, successors, directors, officers, stockholders, equityholders, partners, members, representatives, attorneys, agents or employees, agents, predecessors, successors, assignspast or present, and insurers all persons acting by, through, under or in concert with any of them (individually and collectively, the “Apogee Released Company Parties”) to the fullest extent permitted by law from), from and covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against any Apogee Released Party with respect to, to any and all liabilities, claims, debtscauses of action, liabilitiesagreements, obligations, demands, liens, charges, suits, complaints, grievances, contracts, promises, agreementscosts, costs and expenses (including but not limited to attorneys’ fees)losses, damages, actionsinjuries, any causes or action, of whatever kind or nature, whether known or unknown, fixed or contingent, arising out of any act or omission occurring before Executive’s execution of this Agreement, including but not limited to any claims based on, arising out of, or related to Executive’s employment with, or the ending of employment with, Apogee or any Apogee Affiliated Company; any claims arising from rights under federal, state and/or local laws, including but not limited to those related to contract, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, including but not limited to any alleged violation of Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Americans with Disabilities Act of 1990, as amended; the Occupational Safety attorneys’ fees and Health Act, as amended; the Age Discrimination in Employment Act (the “ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Minnesota Human Rights Act (“MHRA”); the Employee Retirement and Income Security Act; any claims grounded in contract or tort theories, including but not limited to breach of express or implied contract; tortious interference with contractual relations; promissory estoppel; breach of promise; breach of manuals or other policies; assault; battery; fraud; false imprisonment; invasion of privacy; misrepresentation; defamation, including libel, slander, and self-publication defamation; infliction of emotional distress; and/or harassment, or any other claim of any kind whatsoever, including but not limited to any claim for damages or declaratory or injunctive relief of any kind (the “Executive Released Claims”). Executive acknowledges that he may later discover facts in addition to or different from the facts which he now believes to be true with respect to the subject matter of the Executive Released Claims, but that he has fully, finally, and forever settled and released any and all Executive Released Claimslegal responsibilities, known or unknown, suspected or unsuspected, contingent that Executive or nonany of the Executive Parties may have through the date upon which the Executive executes this Release, including, but not limited to, any claim resulting from any act or omission by or on the part of the Company Parties relating to Executive’s employment with Employer and/or the termination thereof committed or omitted on or prior to the date of this Release, any claim under the Civil Rights Act of 1866, the Civil Rights Act of 1871, the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Xxxxxxxx-contingentXxxxx Act, which now existthe Securities Act of 1933, the Securities Exchange Act of 1934, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act, or heretofore have existedany other federal, state or local law, regulation or ordinance relating to employment, including, without regard limiting the generality of the foregoing, all wrongful termination and “constructive discharge” claims, all discrimination claims, all claims relating to any contracts of employment, whether express or implied, any covenant of good faith and fair dealing with respect to employment, whether express or implied, and any tort of any nature with respect to employment, and for any relief relating to employment, no matter how denominated, including but not limited to wages, back pay, front pay, benefits, compensatory, liquidated or punitive damages and attorneys’ fees (collectively, the subsequent discovery “Claims”); provided, however, that the foregoing release does not apply to any obligation of Employer or existence Parent to Executive with respect to: (a) rights under Section 1(d) of the Employment Agreement and (b) any rights as an equityholder of Parent or its Subsidiaries or pursuant to an equity based award covered by a separate agreement or plan, including Options and RSUs. In addition, this Release does not cover any Claim for breach or enforcement of this Release or related to vested benefits under ERISA, to workers’ compensation benefits, to defense or indemnity under the Employment Agreement, the organizational documents or other governing documents of Parent or its Affiliates or under applicable law, to coverage under any applicable insurance policy, any statutory or contractual rights to indemnification or exculpation or any other Claim that may not be released as a matter of applicable law. In addition, this Release will not prevent Executive from (i) filing a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”) or (ii) reporting possible violations of federal law or regulation to, otherwise communicating with or participating in any investigation or proceeding that may be conducted by, or providing documents and other information, without notice to Employer, to, any Governmental Agency or entity, including in accordance with the provisions of and rules promulgated under Section 2IF of the Exchange Act or Section 806 of the Xxxxxxxx- Xxxxx Act of 2002, as each may have been amended from time to time, or any other whistleblower protection provisions of state or federal law or regulation. This Agreement does not limit Executive’s right to receive an award for information provided to any Government Agencies; provided, however, that Executive acknowledges and agrees that any Claim by her, or brought on her behalf, for damages in connection with such different a charge or additional factsinvestigation filed with the Equal Employment Opportunity Commission would be and hereby is barred.

Release by Executive. Executive, on behalf of himself, a. Executive for himself and his spouse, successors, heirs, and assigns, and except as expressly set forth herein, hereby and forever releases and discharges Apogee, including its parents, affiliates, subsidiaries, business units, directors, officers, employees, agents, predecessorsdependents, successors, assigns, heirs, executors and insurers administrators (and his and their legal representatives of every kind), hereby releases, dismisses, remisses and forever discharges the “Apogee Released Parties”) to the fullest extent permitted by law from, and covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against any Apogee Released Party with respect to, Company from any and all claimsarbitrations, debts, liabilitiesclaims (including claims for attorney's fees), demands, promises, agreements, costs and expenses (including but not limited to attorneys’ fees), damages, actionssuits, proceedings, actions and/or causes of action of any causes or action, of whatever kind or natureand every description, whether known or unknown, fixed which Executive now has or contingentmay have had for, upon, or by reason of any cause whatsoever (except that this release shall not apply to (x) the obligations of the Company arising under this Agreement and (y) Executive's rights of indemnification by the Company, if any, pursuant to the Company's certificate of incorporation or by-laws or any agreement between the Company and Executive), against the Company ("claims"), including but not limited to: (i) any and all claims, directly or indirectly, arising out of or relating to: (A) Executive's past employment or service with the Company; and (B) Executive's resignation as Vice President - Finance & Treasurer of the Company and any act or omission occurring before Executive’s execution other position described in Paragraph 1 of this Agreement. (ii) any and all claims of discrimination, including but not limited to claims of discrimination on the basis of sex, race, age, national origin, marital status, religion or disability, including, specifically, but without limiting the generality of the foregoing, any claims based onunder the Age Discrimination in Employment Act, arising out ofas amended (the "ADEA"), or related to Executive’s employment with, or the ending of employment with, Apogee or any Apogee Affiliated Company; any claims arising from rights under federal, state and/or local laws, including but not limited to those related to contract, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, including but not limited to any alleged violation of Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The , the Americans with Disabilities Act of 1990, as amended; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act (the “ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Minnesota Human Rights Act of 1993 and Ohio Revised Code Chapter 4112; (“MHRA”); the Employee Retirement iii) any and Income Security Act; all claims of wrongful or unjust discharge or breach of any claims grounded in contract or tort theoriespromise, express or implied; and (iv) any and all claims under or relating to any and all employee compensation, employee benefit, employee severance or employee incentive bonus plans and arrangements, all of which Executive agrees are forfeited upon his resignation; provided that he shall remain entitled to the amounts and benefits described in Paragraph 2 above. Executive agrees that he intends to release any and all workers compensation claims he may have against the Company by this Agreement, and further agrees to execute any documentation as may be reasonably required to perfect such release when presented to him by the Company. b. Executive understands and acknowledges that the Company does not admit any violation of law, liability or invasion of any of his rights and that any such violation, liability or invasion is expressly denied. The consideration provided under this Agreement is made for the purpose of settling and extinguishing all claims and rights (and every other similar or dissimilar matter) that Executive ever had or now may have or ever will have against the Company to the extent provided in this Paragraph 4. Executive further agrees and acknowledges that no representations, promises or inducements have been made by the Company other than as appear in this Agreement. c. Executive further understands and acknowledges that: (i) The release provided for in this Paragraph 4, including but claims under the ADEA to and including the date of this Agreement, is in exchange for the additional consideration provided for in this Agreement, to which consideration he was not limited heretofore entitled; (ii) He has been advised by the Company to breach consult with legal counsel prior to executing this Agreement and the release provided for in this Paragraph 4, has had an opportunity to consult with and to be advised by legal counsel of express or implied contract; tortious interference with contractual relations; promissory estoppel; breach his choice, fully understands the terms of promise; breach of manuals or other policies; assault; battery; fraud; false imprisonment; invasion of privacy; misrepresentation; defamation, including libel, slanderthis Agreement, and selfenters into this Agreement freely, voluntarily and intending to be bound; (iii) He has been given a period of twenty-publication defamation; infliction one days to review and consider the terms of emotional distress; and/or harassmentthis Agreement, or any other claim of any kind whatsoeverand the release contained herein, including but not limited prior to any claim for damages or declaratory or injunctive relief of any kind (the “Executive Released Claims”). Executive acknowledges its execution and that he may later discover facts use as much of the twenty-one day period as he desires; and (iv) He may, within seven days after execution, revoke the release set forth in addition this Paragraph 4. Revocation shall be made by delivering a written notice of revocation to or different from the facts which he now believes Corporate Manager of Human Resources at the Company. For such revocation to be true with respect effective, written notice must be actually received by the Corporate Manager of Human Resources at the Company no later than the close of business on the seventh day after Executive executes this Agreement. If Executive does exercise his right to the subject matter revoke this release, all of the terms and conditions of the Agreement shall be of no force and effect and the Company shall have no obligation to satisfy the terms or make any payment to Executive Released Claimsas set forth in Paragraph 2 of this Agreement. d. Executive will never file a lawsuit or other complaint asserting any claim that is released in this Paragraph 4. e. Executive and the Company acknowledge that his resignation is by mutual agreement between the Company and Executive, but and that Executive waives and releases any claim that he has fullyor may have to reemployment. f. For purposes of the above provisions of this Paragraph 4, finallythe "Company" shall include its present and former predecessors, subsidiaries, divisions, related or affiliated companies, officers, directors, stockholders, members, employees, heirs, successors, assigns, representatives, agents, accountants and forever settled and released any and all Executive Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist, or heretofore have existed, without regard to the subsequent discovery or existence of such different or additional factscounsel.

Release by Executive. Executive, on his own behalf and on behalf of himselfhis descendants, his spouse, successorsdependents, heirs, executors, administrators, assigns and assignssuccessors and anyone else claiming through him (the “Executive Parties”), and except as expressly set forth hereineach of them, hereby and forever releases and discharges Apogeeand covenants not to sue Parent, including its parentsEmployer and each of their respective divisions, affiliatesSubsidiaries, subsidiariesparents or Affiliates, business unitspast and present, and each of them, as well as their respective assignees, predecessors, successors, directors, officers, stockholders, equityholders, partners, members, representatives, attorneys, agents or employees, agentspast or present and all persons acting by, predecessorsthrough, successorsunder or in concert with any of them (individually and collectively, assigns, and insurers (the “Apogee Released Company Parties”) to the fullest extent permitted by law from), from and covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against any Apogee Released Party with respect to, to any and all liabilities, claims, debtscauses of action, liabilitiesagreements, obligations, demands, liens, charges, suits, complaints” grievances, contracts, promises, agreementscosts, costs and expenses (including but not limited to attorneys’ fees)losses, damages, actionsinjuries, any causes or action, of whatever kind or nature, whether known or unknown, fixed or contingent, arising out of any act or omission occurring before Executive’s execution of this Agreement, including but not limited to any claims based on, arising out of, or related to Executive’s employment with, or the ending of employment with, Apogee or any Apogee Affiliated Company; any claims arising from rights under federal, state and/or local laws, including but not limited to those related to contract, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, including but not limited to any alleged violation of Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Americans with Disabilities Act of 1990, as amended; the Occupational Safety attorneys’ fees and Health Act, as amended; the Age Discrimination in Employment Act (the “ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Minnesota Human Rights Act (“MHRA”); the Employee Retirement and Income Security Act; any claims grounded in contract or tort theories, including but not limited to breach of express or implied contract; tortious interference with contractual relations; promissory estoppel; breach of promise; breach of manuals or other policies; assault; battery; fraud; false imprisonment; invasion of privacy; misrepresentation; defamation, including libel, slander, and self-publication defamation; infliction of emotional distress; and/or harassment, or any other claim of any kind whatsoever, including but not limited to any claim for damages or declaratory or injunctive relief of any kind (the “Executive Released Claims”). Executive acknowledges that he may later discover facts in addition to or different from the facts which he now believes to be true with respect to the subject matter of the Executive Released Claims, but that he has fully, finally, and forever settled and released any and all Executive Released Claimslegal responsibilities, known or unknown, suspected or unsuspected, contingent ‘that Executive or nonany of the Executive Parties may have through the date upon which the Executive executes this Release, including, but not limited to, any claim resulting from any act or omission by or on the part of the Company Parties relating to Executive’s employment with Employer and/or the termination thereof committed or~ omitted on or prior to the date of this Release, any claim under the. Civil Rights Act of 1866, the Civil Rights Act of 1871, the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Xxxxxxxx-contingentXxxxx Act, which now existthe Securities Act of 1933, the Securities Exchange Act of 1934, the Employee Retirement Income-.Security Act of 1974, the Rehabilitation Act, or heretofore have existedany other federal, state or local law, regulation or ordinance relating to employment, including, without regard limiting the generality of the foregoing, all wrongful termination and “constructive discharge” claims, all discrimination claims, all claims relating to any contracts of employment, whether express or implied, any covenant of good faith and fair dealing with respect to employment, whether express or implied, and any tort of any nature with respect to employment, and for any relief relating to employment, no matter how denominated, including but not limited to wages, back pay, front pay, benefits, compensatory, liquidated or punitive damages and attorneys’ fees (collectively, the subsequent discovery “Claims”): provided, however, that the foregoing release does not apply to any obligation of Employer to Executive with respect to: (a) rights under Section 1 (e) of the Employment Agreement and (b) any rights as an equityholder of Parent or existence its Subsidiaries. In addition, this Release does not cover any Claim for breach or enforcement of this Release or related to vested benefits under ERIS A, to workers’ compensation benefits, to defense or indemnity under the Employment Agreement, the organizational documents or other governing documents of Parent or its Affiliates or under applicable law, to coverage under any applicable insurance policy, any statutory or contractual rights to indemnification or exculpation or any other Claim that may not be released as a matter of applicable law. In addition, this Release will not prevent Executive from (i) filing a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”) or (ii) reporting possible violations of federal law or regulation to, otherwise communicating with or participating in any investigation or proceeding that may be conducted by, or providing documents and other information, without notice to Employer, to, any Governmental Agency or entity, including in accordance with the provisions of and rules promulgated under Section 2IF of the Exchange Act or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, as each may have been amended from time to time, or and other whistleblower protection provisions of state or federal law or regulation. This Agreement does not limit Executive’s right to receive an award for information provided to any Government Agencies; provided, however, that Executive acknowledges and agrees that any Claim by him, or brought on his behalf, for damages in connection with such different a charge or additional factsinvestigation filed with the Equal Employment Opportunity Commission would be and hereby is barred.

Release by Executive. ExecutiveExecutive releases and forever discharges the Company, on behalf of himselfits subsidiaries and their respective current and former officers, his spousedirectors, employees and stockholders, divisions, counsel, successors, heirs, and assigns, and except as expressly set forth herein, hereby and forever releases and discharges Apogee, including its parents, affiliates, subsidiaries, business units, directors, officers, employees, agents, predecessors, successors, assigns, and insurers assigns (the “Apogee Isolagen Released Parties”) to the fullest extent permitted by law from, and covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against any Apogee Released Party with respect to, from any and all claimsmanner of actions and causes of action, suits, debts, liabilitiesdues, demandsaccounts, promisesbonds, covenants, contracts, agreements, costs judgments, charges, claims, and expenses (including but not limited to attorneys’ fees)demands whatsoever that Executive and/or her heirs, damagesexecutors, actionsadministrators, any causes or actionand assigns have, of whatever kind or nature, whether known or unknown, fixed or contingent, against the Isolagen Released Parties arising out of or by reason of any act cause, matter, or omission thing whatsoever occurring before Executive’s prior to the execution of this Agreement, including but not limited to to: (i) any claims based on, relating to or arising out of, or related to Executive’s employment with, or the ending of employment with, Apogee or any Apogee Affiliated Companyher Employment Agreement; (ii) any claims for unpaid or withheld wages, vacation, paid time off, sick and/or personal time pay, severance pay, notice, bonuses, and/or other compensation or benefits of any kind except for Employee’s bonus payment for 2007 which is expressly excluded from this section; (iii) any and all claims of discrimination in employment arising from rights under federalbefore the execution of this Agreement, state and/or local lawsincluding, including but not limited to those related to contractclaims for discrimination or harassment on the basis of age, sex, race, religion, color, creed, handicap, disability, citizenship, national origin, sexual orientation or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, including but not limited to any alleged violation of other factor protected by Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Americans with Disabilities Act of 1990, as amended; the Occupational Safety and Health Act, as amended; the The Age Discrimination in Employment Act (29 U.S.C.A.§621, et seq.), and/or any other similar employment-related federal, state and local laws, and any claims for retaliation thereunder; (iv) any claims under the “ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Worker Adjustment and Retraining Notification Xxxxxxxx-Xxxxx Act; (v) any claims arising under the Executive Retirement Income Security Act; (vi) any claims under the Federal Family and Medical Leave ActAct of 1993 or similar state law; (vii) any other claims arising out of or in any way related to Employee’s Employment Agreement dated March 14, 2006 with the Minnesota Human Rights Act (“MHRA”); the Employee Retirement and Income Security Act; any claims grounded in contract or tort theoriesCompany, including including, but not limited to breach of express or implied contract; tortious interference with contractual relations; promissory estoppel; , breach of promise; breach covenant of manuals good faith and fair dealing, fraud, promissory or other policies; assault; battery; fraud; false imprisonment; invasion equitable estoppel, misrepresentation, violation of privacy; misrepresentation; defamationpublic policy, including libelwrongful discharge, slander, and self-publication defamation; infliction of emotional distress; and/or harassmentunfair dismissal, or any other common law claim now or hereafter recognized; (viii) all claims for attorneys’ fees, costs and expenses except as otherwise provided in this Agreement. Executive expressly excludes from this Release any Claims she may now or hereafter have for any breach of this Agreement and further excludes from this Release any Claims she may now or hereafter have to assert a cross-claim, third-party claim or any other Claim against Isolagen or the Isolagen Released Parties which may arise by virtue of and with respect to a claim asserted against the Executive by any third party. It is understood that nothing herein is to be construed as an admission on behalf of the Isolagen Released Parties of any kind whatsoever, including but not limited to any claim for damages or declaratory or injunctive relief of any kind (the “Executive Released Claims”). Executive acknowledges that he may later discover facts in addition to or different from the facts which he now believes to be true wrongdoing with respect to the subject matter Executive Parties or under the Employment Agreement, any such wrongdoing being expressly denied by the Isolagen Released Parties. This release does not include any claims that arise after the effective date of the Executive Released Claimsthis Agreement, but that he has fully, finally, and forever settled and released including any and all Executive Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist, or heretofore have existed, without regard to the subsequent discovery or existence claim for breach of such different or additional factsthis Agreement.

Release by Executive. Executive, on her own behalf and on behalf of himselfher descendants, his spouse, successorsdependents, heirs, executors, administrators, assigns and assignssuccessors and anyone else claiming through him (the “Executive Parties”), and except as expressly set forth hereineach of them, hereby and forever releases and discharges Apogeeand covenants not to xxx Parent, including its parentsEmployer and each of their respective divisions, affiliatesSubsidiaries, subsidiariesparents or Affiliates, business unitspast and present, and each of them, as well as their respective assignees, predecessors, successors, directors, officers, stockholders, equityholders, partners, members, representatives, attorneys, agents or employees, agents, predecessors, successors, assignspast or present, and insurers all persons acting by, through, under or in concert with any of them (individually and collectively, the “Apogee Released Company Parties”) to the fullest extent permitted by law from), from and covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against any Apogee Released Party with respect to, to any and all liabilities, claims, debtscauses of action, liabilitiesagreements, obligations, demands, liens, charges, suits, complaints, grievances, contracts, promises, agreementscosts, costs and expenses (including but not limited to attorneys’ fees)losses, damages, actionsinjuries, any causes or action, of whatever kind or nature, whether known or unknown, fixed or contingent, arising out of any act or omission occurring before Executive’s execution of this Agreement, including but not limited to any claims based on, arising out of, or related to Executive’s employment with, or the ending of employment with, Apogee or any Apogee Affiliated Company; any claims arising from rights under federal, state and/or local laws, including but not limited to those related to contract, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, including but not limited to any alleged violation of Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Americans with Disabilities Act of 1990, as amended; the Occupational Safety attorneys’ fees and Health Act, as amended; the Age Discrimination in Employment Act (the “ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Minnesota Human Rights Act (“MHRA”); the Employee Retirement and Income Security Act; any claims grounded in contract or tort theories, including but not limited to breach of express or implied contract; tortious interference with contractual relations; promissory estoppel; breach of promise; breach of manuals or other policies; assault; battery; fraud; false imprisonment; invasion of privacy; misrepresentation; defamation, including libel, slander, and self-publication defamation; infliction of emotional distress; and/or harassment, or any other claim of any kind whatsoever, including but not limited to any claim for damages or declaratory or injunctive relief of any kind (the “Executive Released Claims”). Executive acknowledges that he may later discover facts in addition to or different from the facts which he now believes to be true with respect to the subject matter of the Executive Released Claims, but that he has fully, finally, and forever settled and released any and all Executive Released Claimslegal responsibilities, known or unknown, suspected or unsuspected, contingent that Executive or nonany of the Executive Parties may have through the date upon which the Executive executes this Release, including, but not limited to, any claim resulting from any act or omission by or on the part of the Company Parties relating to Executive’s employment with Employer and/or the termination thereof committed or omitted on or prior to the date of this Release, any claim under the Civil Rights Act of 1866, the Civil Rights Act of 1871, the Civil Rights Act of 1964, the Americans with Disabilities Act, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Xxxxxxxx-contingentXxxxx Act, which now existthe Securities Act of 1933, the Securities Exchange Act of 1934, the Employee Retirement Income Security Act of 1974, the Rehabilitation Act, or heretofore have existedany other federal, state or local law, regulation or ordinance relating to employment, including, without regard limiting the generality of the foregoing, all wrongful termination and “constructive discharge” claims, all discrimination claims, all claims relating to any contracts of employment, whether express or implied, any covenant of good faith and fair dealing with respect to employment, whether express or implied, and any tort of any nature with respect to employment, and for any relief relating to employment, no matter how denominated, including but not limited to wages, back pay, front pay, benefits, compensatory, liquidated or punitive damages and attorneys’ fees (collectively, the subsequent discovery “Claims”): provided, however, that the foregoing release does not apply to any obligation of Employer to Executive with respect to: (a) rights under Section 1(d) of the Employment Agreement and (b) any rights as an equityholder of Parent or existence its Subsidiaries. In addition, this Release does not cover any Claim for breach or enforcement of this Release or related to vested benefits under ERISA, to workers’ compensation benefits, to defense or indemnity under the Employment Agreement, the organizational documents or other governing documents of Parent or its Affiliates or under applicable law, to coverage under any applicable insurance policy, any statutory or contractual rights to indemnification or exculpation or any other Claim that may not be released as a matter of applicable law. In addition, this Release will not prevent Executive from (i) filing a charge or complaint with the Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (“Government Agencies”) or (ii) reporting possible violations of federal law or regulation to, otherwise communicating with or participating in any investigation or proceeding that may be conducted by, or providing documents and other information, without notice to Employer, to, any Governmental Agency or entity, including in accordance with the provisions of and rules promulgated under Section 2IF of the Exchange Act or Section 806 of the Xxxxxxxx-Xxxxx Act of 2002, as each may have been amended from time to time, or any other whistleblower protection provisions of state or federal law or regulation. This Agreement does not limit Executive’s right to receive an award for information provided to any Government Agencies; provided, however, that Executive acknowledges and agrees that any Claim by him, or brought on her behalf, for damages in connection with such different a charge or additional factsinvestigation filed with the Equal Employment Opportunity Commission would be and hereby is barred.

Release by Executive. Executive, on behalf of himself, A. Executive for himself and his spouse, successors, heirs, and assigns, and except as expressly set forth herein, hereby and forever releases and discharges Apogee, including its parents, affiliates, subsidiaries, business units, directors, officers, employees, agents, predecessorsdependents, successors, assigns, heirs, executors and insurers administrators (and his and their legal representatives of every kind), hereby releases, dismisses, remisses and forever discharges the “Apogee Released Parties”) to the fullest extent permitted by law from, and covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against any Apogee Released Party with respect to, Company from any and all claimsarbitrations, debts, liabilitiesclaims (including claims for attorney's fees), demands, promises, agreements, costs and expenses (including but not limited to attorneys’ fees), damages, actionssuits, proceedings, actions and/or causes of action of any causes or action, of whatever kind or natureand every description, whether known or unknown, fixed which Executive now has or contingentmay have had for, upon, or by reason of any cause whatsoever (except that this release shall not apply to (x) the obligations of the Company arising under this Agreement and (y) Executive's rights of indemnification by the Company, if any, pursuant to the Company's certificate of incorporation or by-laws or any agreement between the Company and Executive), against the Company ("claims"), including but not limited to: (i) any and all claims, directly or indirectly, arising out of or relating to: (A) Executive's past employment or service with the Company; and (B) Executive's resignation as Chief Financial Officer of the Company and any act or omission occurring before Executive’s execution other position described in Paragraph 1 of this Agreement. (ii) any and all claims of discrimination, including but not limited to claims of discrimination on the basis of sex, race, age, national origin, marital status, religion or disability, including, specifically, but without limiting the generality of the foregoing, any claims based onunder the Age Discrimination in Employment Act, arising out ofas amended (the "ADEA"), or related to Executive’s employment with, or the ending of employment with, Apogee or any Apogee Affiliated Company; any claims arising from rights under federal, state and/or local laws, including but not limited to those related to contract, or any form of retaliation, harassment or discrimination on any basis, or any related cause of action, including but not limited to any alleged violation of Title VII of the Civil Rights Act of 1964, The Civil Rights Act of 1991, Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The , the Americans with Disabilities Act of 1990, as amended; the Occupational Safety and Health Act, as amended; the Age Discrimination in Employment Act (the “ADEA”); the Older Workers Benefit Protection Act (“OWBPA”); the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Minnesota Human Rights Act of 1993 and Ohio Revised Code Chapter 4112; (“MHRA”); the Employee Retirement iii) any and Income Security Act; all claims of wrongful or unjust discharge or breach of any claims grounded in contract or tort theoriespromise, express or implied; and (iv) any and all claims under or relating to any and all employee compensation, employee benefit, employee severance or employee incentive bonus plans and arrangements, all of which Executive agrees are forfeited upon his resignation; provided that he shall remain entitled to the amounts and benefits described in Paragraph 2 above. Executive agrees that he intends to release any and all workers compensation claims he may have against the Company by this Agreement, and further agrees to execute any documentation as may be reasonably required to perfect such release when presented to him by the Company. B. Executive understands and acknowledges that the Company does not admit any violation of law, liability or invasion of any of his rights and that any such violation, liability or invasion is expressly denied. The consideration provided under this Agreement is made for the purpose of settling and extinguishing all claims and rights (and every other similar or dissimilar matter) that Executive ever had or now may have or ever will have against the Company to the extent provided in this Paragraph 4. Executive further agrees and acknowledges that no representations, promises or inducements have been made by the Company other than as appear in this Agreement. C. Executive further understands and acknowledges that: (i) The release provided for in this Paragraph 4, including but claims under the ADEA to and including the date of this Agreement, is in exchange for the additional consideration provided for in this Agreement, to which consideration he was not limited heretofore entitled. (ii) He has been advised by the Company to breach consult with legal counsel prior to executing this Agreement and the release provided for in this Paragraph 4, has had an opportunity to consult with and to be advised by legal counsel of express or implied contract; tortious interference with contractual relations; promissory estoppel; breach his choice, fully understands the terms of promise; breach of manuals or other policies; assault; battery; fraud; false imprisonment; invasion of privacy; misrepresentation; defamation, including libel, slanderthis Agreement, and selfenters into this Agreement freely, voluntarily and intending to be bound; (iii) He has been given a period of twenty-publication defamation; infliction one days to review and consider the terms of emotional distress; and/or harassmentthis Agreement, or any other claim of any kind whatsoeverand the release contained herein, including but not limited prior to any claim for damages or declaratory or injunctive relief of any kind (the “Executive Released Claims”). Executive acknowledges its execution and that he may later discover facts use as much of the twenty-one day period as he desires; and (iv) He may, within seven days after execution, revoke the release set forth in addition this Paragraph 4. Revocation shall be made by delivering a written notice of revocation to or different from the facts which he now believes Vice President of Human Resources at the Company. For such revocation to be true with respect effective, written notice must be actually received by the Vice President of Human Resources at the Company no later than the close of business on the seventh day after Executive executes this Agreement. If Executive does exercise his right to the subject matter revoke this release, all of the terms and conditions of the Agreement shall be of no force and effect and the Company shall have no obligation to satisfy the terms or make any payment to Executive Released Claimsas set forth in Paragraph 2 of this Agreement. D. Executive will never file a lawsuit or other complaint asserting any claim that is released in this Paragraph 4. E. Executive and the Company acknowledge that his resignation is by mutual agreement between the Company and Executive, but and that Executive waives and releases any claim that he has fullyor may have to reemployment. F. For purposes of the above provisions of this Paragraph 4, finallythe "Company" shall include its present and former predecessors, subsidiaries, divisions, related or affiliated companies, officers, directors, stockholders, members, employees, heirs, successors, assigns, representatives, agents, accountants and forever settled and released any and all Executive Released Claims, known or unknown, suspected or unsuspected, contingent or non-contingent, which now exist, or heretofore have existed, without regard to the subsequent discovery or existence of such different or additional factscounsel.