Common use of Release by the Executive Clause in Contracts

Release by the Executive. Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, the Executive, for himself and his heirs, executors, administrators, assigns, successors and agents (collectively, the “Executive’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company and its Related Entities, and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company Releasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Executive or any of the Executive’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Company Releasees, the Executive’s tenure as an employee and/or an officer of any of the Company Releasees, any agreement or compensation arrangement between the Executive and any of the Company Releasees (including, without limitation, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which Executive may be eligible as provided in California Labor Code Section 2802, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entities.

Release by the Executive. Except The Executive acknowledges and agrees that the payments pursuant to Section 3 above, and the provision of other benefits, as set forth in Section 4 above, constitute sufficient consideration for any obligations or covenants the release of the Company pursuant by the Executive provided below. For the consideration detailed above, and except for (i) any criminal act or act of willful misconduct by the Company with respect to the Executive, (ii) the obligations of the Company in this Agreement and as otherwise expressly the benefits preserved and/or provided to the Executive in this AgreementAgreement and (iii) any obligation which the Company has under and in accordance with its By-Laws as currently in effect (whether or not covered by insurance) to indemnify the Executive in his capacity as an officer or employee or director of the Company or of any of its subsidiaries or affiliates, the Executive, for on behalf of himself and his heirs, executors, administrators, attorneys and assigns, successors and agents (collectivelyhereby waives, the “Executive’s Affiliates”) hereby fully and without limitation generally releases and forever discharges the Company Company, its subsidiaries, divisions and affiliates, whether direct or indirect (including its Related Entitiesand their respective directors, officers, employees, partners and agents, past, present, and future), and each of its and their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “hereinafter collectively referred to as "Company Releasees”"), both individually and collectively, from any and all rights, claims, demands, liabilities, known or unknown actions, causes of action, claims, damages, lossessuits, costsobligations, expenses agreements, attorneys' fees or any other liabilities of any kind whatsoever which have or could be asserted against the Company Releasees arising out of or related to: his service as an officer or employee or director of the Company and/or any of the other Company Releasees, employment with and/or separation from employment with the Company and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Executive or any of the Executive’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by any of the other Company Releasees, and/or any other occurrence up to and including the Executive’s tenure as an employee and/or an officer date of any of the Company Releasees, any agreement or compensation arrangement between the Executive and any of the Company Releasees (including, without limitation, the Employment this Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity claims, actions, causes of action or liabilities arising under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; , the Age Discrimination in Employment Act, as amended ("ADEA"), the Employee Retirement Income Security Act of 1974, as amended, the Rehabilitation Act of 1973, as amended, the Americans With with Disabilities Act; the National Labor Relations Act, as amended; , the Equal Pay Illinois Human Rights Act; the California common law , as amended, and/or any other federal, state, or municipal employment discrimination statutes (including, but not limited to, claims based on fraudage, misrepresentationsex attainment of benefit plan rights, negligencerace, defamationreligion, infliction of emotional distress or other tortnational origin, breach of contract or covenantmarital status, violation of public policy or wrongful termination; state or federal wage and hour lawssexual orientation, ancestry, harassment, parental status, handicap, disability, retaliation, and other provisions veteran status). The Executive agrees that he will not commence any action or proceeding of any nature whatsoever, and that he will not seek or be entitled to any award of equitable or monetary relief in any action or proceeding brought on his behalf that arises out of the California Labor Code, to the extent these may be matters released herein as a matter of law; or any other state or federal law, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which Executive may be eligible as provided in California Labor Code Section 2802, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in under this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related EntitiesAgreement.

Release by the Executive. Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, the Executive, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the “"Executive’s 's Affiliates”") hereby fully and without limitation releases and forever discharges the Company Commerce and its Related Entities, and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company "Commerce Releasees”"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Executive or any of the Executive’s 's Affiliates has or may have or may claim to have against the Company Commerce Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“"Claims”"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, investigation or termination of the Executive by any of the Company Commerce Releasees, the Executive’s 's tenure as an employee and/or an officer of any of the Company Commerce Releasees, any agreement or compensation arrangement between the Executive and any of the Company Releasees (including, without limitation, the Employment Agreement)Commerce Releasees, or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s 's Affiliates in equity capital or rights in equity capital or other securities of any of the Company Commerce Releasees, or in connection with the Agreement and Plan of Merger dated March 29, 2004, by and among the Company, Skipping Stone Acquisition Corporation, Skipping Stone, Inc. and the holders of Skipping Stone, Inc. common stock (the "Skipping Stone Merger Agreement") and any other document or agreement referenced in the Skipping Stone Merger Agreement (the "Skipping Stone Agreements"), including, without limitation, the delivery of the shares of Commerce's common stock due to him under the Skipping Stone Agreements, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, rule or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained in this Section 13 9 or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by Commerce or the Company and its Related Entities with respect to which the Executive may be eligible as provided in California Labor Code Section 2802, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entitieseligible.

Release by the Executive. Except for any obligations or covenants In consideration of the Company pursuant payments and benefits to this be made under Sections 3.1 through 3.3 of the Separation Agreement and (the “Agreement”) dated as otherwise expressly provided in this Agreementof March 8, 2011 between PA LLC (the “Employer”), PetroAlgae Inc. (the “Parent” and, together with the Employer, the “PetroAlgae Parties”) and Xxxxxx Xxxxxx (the “Executive”), for himself with the intention of binding the Executive and his the Executive’s heirs, executors, administratorsadministrators and assigns (the “Executive Parties”), assignsthe Executive does hereby release, successors remise, acquit and agents forever discharge the PetroAlgae Parties and each of their subsidiaries (the “Affiliated Group”), their present and former officers, directors, executives, agents, attorneys, employees and employee benefits plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Executive’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company and its Related Entities, and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company ReleaseesReleased Parties”), both individually of and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, complaints, charges, demands, rights, damages, lossesdebts, costssums of money, expenses accounts, financial obligations, suits, expenses, attorneys’ fees and compensation, liabilities of whatever kind or nature whatsoeverin law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, fixed suspected or contingent, unsuspected which the Executive Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, against any of the Executive’s Affiliates has or may have or may claim to have against the Company Releasees by reason of Released Parties in any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”)capacity, including, without limiting the generality of the foregoinglimitation, any Claims and all claims (i) arising out of, based upon, of or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by in any of the Company Releasees, way connected with the Executive’s tenure as an employee and/or an officer of service to any member of the Company ReleaseesAffiliated Group (or the predecessors thereof) in any capacity, or the termination of such service in any agreement such capacity, (ii) for severance or compensation arrangement between the Executive vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, and (iv) for any violation of the Company Releasees applicable state and local labor and employment laws (including, without limitation, the Employment Agreementall laws concerning unlawful and unfair labor and employment practices), or any act or occurrence in connection with and all claims based on the Executive Retirement Income Security Act of 1974, as amended (“ERISA”), any actual, existing, proposed, prospective or claimed ownership interest and all claims arising under the civil rights laws of any nature of the Executive federal, state or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releaseeslocal jurisdiction, to the maximum extent permitted by lawincluding, except that Executive does not release any claims which may not be released herein as a matter of lawwithout limitation, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 19641964 (“Title VII”), as amended; the Americans With with Disabilities Act; Act (“ADA”), Sections 503 and 504 of the National Labor Relations Rehabilitation Act, the Family and Medical Leave Act, the Age Discrimination in Employment Act (“ADEA”), the Florida Law Against Discrimination and any and all claims under any whistleblower laws or whistleblower provisions of other laws excepting only: (a) rights of the Executive provided under or preserved by this Mutual Release and the Agreement; (b) rights of the Executive relating to equity awards and shares held by the Executive as amended; of the Equal Pay Act; Termination Date (as defined in the California common Agreement); (c) the right of the Executive to receive COBRA continuation coverage in accordance with applicable law; (d) rights to indemnification the Executive may have (i) under applicable corporate law on fraudor the Agreement, (ii) under the by-laws or certificate of incorporation of any Released Party, misrepresentationor (iii) as an insured under any director’s and officer’s liability insurance policy now or previously in force; (e) claims (i) for benefits under any health, negligencedisability, defamationretirement, infliction of emotional distress deferred compensation, life insurance or other tort, breach of contract similar employee benefit plan or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions arrangement of the California Labor Code, Affiliated Group and (ii) for earned but unused vacation pay through the Termination Date in accordance with applicable policy of either of the PetroAlgae Parties; and (f) claims for the reimbursement of unreimbursed business expenses incurred prior to the Termination Date pursuant to applicable policy of either of the PetroAlgae Parties. (g) To the extent these may be released herein as a matter of law; or any other state or federal law, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained in that this Section 13 1 is not enforceable against any of the Executive Parties, the Executive agrees to promptly indemnify and hold the PetroAlgae Parties harmless from any liability, costs or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities obligations with respect to which Executive may be eligible as provided any claims (including, without limitation, any attorney fees or other charges incurred in California Labor Code Section 2802, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and defending any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entitiessuch claims).

Release by the Executive. Except for any obligations or covenants In consideration of the Company pursuant to this Agreement and as otherwise expressly provided in entering into this Agreement, to the fullest extent permitted by law, the Executive, for on behalf of himself and his heirs, executors, administrators, assigns, successors and agents (collectively, the “Executive’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company and its Related Entities, and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company ReleaseesReleasing Executive Parties”), both individually knowingly and voluntarily releases and discharges the Company and its subsidiaries and affiliates, the respective current and former officers, employees, attorneys, agents and directors of the Company and its subsidiaries and affiliates, and any successor or assign of any of the foregoing (collectively, the “Released Company Parties”), from any and all rightsclaim, claimscharge, demandsaction or cause of action that any of the Releasing Executive Parties may have against any of the Released Company Parties, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, whether known or unknown, fixed or contingent, which the Executive or any of the Executive’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to through the Effective Date (“Claims”)based upon any act, includingfact, without limiting omission, matter, cause or thing whatsoever, whether or not related to or arising out of the generality of Executive’s employment with the Company or the termination thereof. Notwithstanding the foregoing, this release shall not extend to or discharge any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Company Releasees, the Executive’s tenure as an employee and/or an officer of any of the Company Releasees, any agreement or compensation arrangement between the Executive and any of the Company Releasees (including, without limitation, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, to the maximum extent permitted by law, except claims that Executive does may not release any claims which may not be released herein as a matter of law, including but not limited to any rights to or claims for indemnification or contribution, including associated expenses and attorneys fees and the advancement of either of the foregoing, that Executive currently has or may in the future have under any of the following: the Certificate of Incorporation or By-Laws of the Company, under any applicable insurance policy, under that certain Indemnity Agreement effective as of July 25, 2006 between Executive and the Company (the “Indemnity Agreement”), or under any other provision or principle of law, or otherwise. In addition, this release shall not extend to or discharge (i) the Executive’s right to enforce the terms and conditions of this Agreement, or (ii) any rights or claims that might arise after the Effective Date, or (iii) the Executive’s right to enforce the terms and conditions of the Indemnity Agreement or Executive’s right for indemnity under California Labor Code Section 2802the Company’s Certificate of Incorporation or Bylaws, claims that may be adjudicated before the California Workers’ Compensation Appeals Boardor under any state law, all of which rights and claims for vested benefits. The Executive specifically shall be preserved, or (iv) the Executive’s right to enforce the terms and expressly releases any Claims arising out conditions of or based on: each agreement and plan governing the California Fair Employment and Housing Actissuance of each stock option referenced in Section 5.a, as amended; Title VII well as the stock issued upon exercise of that stock option. Nothing in this Section 6.b shall prohibit Executive from filing a charge or complaint with a government agency such as but not limited to the Civil Rights Act of 1964Equal Employment Opportunity Commission, as amended; the Americans With Disabilities Act; the National Labor Relations ActBoard, as amended; the Equal Pay Act; Department of Labor, the California common law on fraudDepartment of Fair Employment and Housing, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach applicable agency. The Executive represents and warrants that he currently knows of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour lawsno basis for any claims by him against any Released Company Party, and that neither he nor anyone acting on his behalf has filed any claim, action, suit, complaint or proceeding against any Released Company Party in any agency, court or other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; forum or any other state or federal law, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which Executive may be eligible as provided in California Labor Code Section 2802, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entitiestribunal.

Release by the Executive. Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, the The Executive, for on behalf of himself and anyone claiming through him, including, but not limited to, his past, present and future spouses, family members, relatives, agents, attorneys, representatives, heirs, executors, executors and administrators, assignsand the predecessors, successors and agents (collectivelyassigns of each of them, the “Executive’s Affiliates”) hereby fully waives and without limitation releases and forever discharges the Company and each of its Related Entitiespast and present divisions, subsidiaries, other affiliates, other related entities (whether or not such entities are wholly owned) and each of their respective agentsthe past and present owners, representativestrustees, shareholders, ownersfiduciaries, officers, directors, partners, employees, consultantsagents, attorneysattorneys and representatives thereof, auditors, accountants, investigators, affiliatesand each of the predecessors, successors and assigns of each of them (collectively, hereinafter jointly referred to as the “Company ReleaseesReleased Parties”), both individually and collectively, from with respect to any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses known and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, unknown claims which the Executive now has, or has ever had, against any of the Executive’s Affiliates has Company Released Parties for or may have or may claim related in any way to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, anything occurring from the beginning of time up to and including the Effective Date (“Claims”)date on which he signs this Agreement, including, without limiting the generality of the foregoing: (a) any and all claims which in any way result from, any Claims arising arise out of, based uponor relate to, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive Executive’s employment by any of the Company ReleaseesReleased Parties or the termination of such employment, the Executive’s tenure as an employee and/or an officer of any of the Company Releaseesincluding, but not limited to, any and all claims for severance or termination payments under any agreement or compensation arrangement between the Executive and any of the Company Releasees Released Parties or any program or arrangement of any of the Company Released Parties; (b) any and all claims that could have been asserted by the Executive or on his behalf against any of the Company Released Parties in any federal, state or local court, commission, department or agency; and (c) any and all claims that could have been asserted by the Executive or on his behalf against any of the Company Released Parties under any fair employment, contract or tort law, or any other federal, state or local law, regulation, ordinance, common law or other source of law (in each case, as in effect or amended from time to time), including, without limitation, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1871, the Civil Rights Act of 1991, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Employee Retirement Income Security Act of 1974, the Americans With with Disabilities Act; , the National Labor Relations Rehabilitation Act, as amended; the Equal Pay Family and Medical Leave Act; , the California common law on fraudGenetic Information Nondiscrimination Act, misrepresentationthe Fair Credit Reporting Act, negligenceor under any compensation, defamationbonus, infliction of emotional distress severance, retirement or other tortbenefit plan; provided, breach of contract or covenanthowever, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing that nothing contained in this Section 13 5 shall apply to, or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company from (i) any obligation contained in this Agreement, (ii) any obligation which the Company may have (if any) to provide benefits to the Executive under any plans or programs of the Company which continue to be applicable to the Executive, except as otherwise expressly provided in this Agreement, (iii) any obligation which the Company may have (if any) to indemnify the Executive pursuant to its articles of incorporation, by-laws, or other governing documents, (iv) any obligation which the Company may have (if any) to provide coverage to the Executive pursuant to its director and its Related Entities officer insurance policy with respect to which actions or omissions of the Executive may be eligible during his service as provided in California Labor Code Section 2802, a director or officer of the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policiesCompany, or (v) any indemnification agreements; nor prevent claim that cannot be waived or released by law, such as unemployment or workers compensation claims. The Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) expressly represents and warrants that he has not filed or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or had filed on his behalf any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by claim against any of the Company Released Parties, and its Related Entitieshas not transferred or assigned any rights or causes of action that he might have against any of the Company Released Parties. The Executive represents and agrees that he has read and understands the terms and effect of this Agreement and that he has received a reasonable and sufficient period of time to review and consult with his own legal counsel concerning the provisions of this Agreement.

Release by the Executive. Except for any obligations or covenants In consideration of the Company pursuant to this Agreement mutual promises, conditions, and as otherwise expressly provided covenants set forth below in this Agreement, and in accordance with the recitals set forth above, the Executive, for himself on behalf of herself, and his each of her heirs, executors, administrators, legal representatives, successors, assigns, successors and agents (collectively, all persons subrogated to the “Executive’s Affiliates”) hereby fully and without limitation releases and forever discharges 's rights or whose rights are secondary or derivative of those of the Company and its Related EntitiesExecutive, and each all persons or entities on behalf of their respective whom the Executive is authorized to act, agrees as follows: (a) The Executive hereby RELEASES AND FOREVER DISCHARGES EEX Corporation, its subsidiaries, affiliates, divisions, associates, owners, stockholders, agents, directors, officers, partners, employees, insurers, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectivelylawyers, the “Company Releasees”successors or assigns of any of the foregoing (collectively referred to as "the Company"), both individually and collectivelyall persons acting by, through, under, or in concert with them, or any of them, of and from any and all rightsmanner of action or actions, cause or causes of action, at law or in equity, suits, debts, liens, contracts, agreements, promises, liability, claims, demands, liabilities, actions, causes of action, damages, lossesloss, costs, expenses and compensationcost or expense, of whatever any nature whatsoever, presently known to the Executive or unknownof which the Executive reasonably should have known, fixed or contingentcontingent (hereinafter called "claims"), which the Executive or any of the Executive’s Affiliates now has or may have or may claim to hereafter have against the Company Releasees by reason of any matter, cause, or thing whatsoever, whatsoever arising from the beginning first day of time to her employment with the Effective Date (“Claims”), including, without Company through the Termination Date. Without limiting the generality of the foregoing, the claims released herein include any Claims claims arising out of, based upon, or relating to the recruitmentin any way related to: (1) any property, hiring, employment, relocation, remuneration, investigationcontract, or termination tort claims, including any and all claims of the Executive by any wrongful discharge, breach of the Company Releaseesemployment contract, the Executive’s tenure as an employee and/or an officer breach of any covenant of the Company Releaseesgood faith and fair dealing, any agreement retaliation, intentional or compensation arrangement between the Executive and any negligent infliction of the Company Releasees (includingemotional distress, without limitationnegligence, the Employment Agreement)misrepresentation, loss of consortium, breach of fiduciary duty, violation of public policy, or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest other common law claim of any nature kind; (2) any violation or alleged violation of the Executive or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; , the Age Discrimination in Employment Act, as amended, the Older Workers Benefit Protection Act of 1990, the Equal Pay Act, as amended, the Fair Labor Standards Act, the Employee Retirement Income Security Act, the Americans With Disabilities Act; , the National Labor Relations Act, as amended; the Equal Pay Act; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Texas Labor Code, to the extent these may be released herein as a matter Texas Unemployment Insurance Act, the Texas Worker's Compensation Act, the Civil Rights Act of law; 1866, the Consolidated Omnibus Budget Reconciliation Act, or any other state federal, state, or local statute, regulation, or ordinance, including without limitation any claim for sex discrimination, harassment, or retaliation under the aforementioned statutes; (3) any claim relating to or arising under any other local, state, or federal lawstatute or principle of common law (whether in contract or in tort) governing the employment of individuals, rulediscrimination in employment and/or the payment of wages or benefits; and (4) any claim that the Company has acted improperly, illegally, or regulation dealing unconscionably in any manner whatsoever at any time prior to the execution of this Agreement. (b) The Executive represents and warrants that she is the only person who may be entitled to assert any claims on her own behalf against the Company arising from her employment with the employment relationship Company, and that she has not assigned or operating a publicly held businessconveyed to anyone else any part of or interest in her claims against the Company. The Executive agrees to indemnify and hold the Company harmless from any liability, except those demand, cost, expense, or attorney's fee incurred as the result of the assertion of any such claim or claims which may not be released herein as a matter of law. Nothing contained in this Section 13 or by any other provision person based on such an assignment or conveyance from the Executive. (c) The provisions of this Agreement shall are not a release or waive any right that Executive has to indemnification and/or reimbursement of expenses waiver by the Executive of her rights to enforce this Agreement (including, but not limited to, non-disparagement as set out in paragraph 5(b) above), her rights under Company and its Related Entities with respect employee benefit plans or programs, her right to which Executive may be eligible as provided in California Labor Code Section 2802, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and assert any applicable directors and officers, errors & omissions, umbrella or general liability insurance policiesclaims not covered by this section, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) her right to assert claims that are presently unknown to her relating to breach of privacy, defamation or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 tortious interference with existing or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entitiesprospective business opportunity.

Release by the Executive. Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, the Executive, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the “Executive’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company and its Related Entities, Entities and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company Releasees”), both individually and collectively, from any and all waivable rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Executive or any of the Executive’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (““ Executive Claims”), including, without limiting the generality of the foregoing, any Executive Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Company Releasees, the Executive’s tenure as an employee and/or an officer of any of the Company Releasees, any agreement or compensation arrangement between the Executive and any of the Company Releasees (including, without limitation, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Executive Claims arising out of or based on: the Corporate and Criminal Fraud Act of 2002; the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, rule or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained in this Section 13 12(a) or any other provision of this Agreement shall (a) release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which Executive may be eligible as provided in California Labor Code Section 280211(c), the Company and its Related Entities’ Certificates of Incorporationabove, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”b) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that the Executive has under the Restricted Share Agreement as amended by Section 8 of this Agreement, or (c) prohibit the Executive from participating in the investigations of any stock option non-waivable charge or restricted stock agreement granted to Executive by complaint with any state or federal agency that does not include a request for monetary relief on behalf of the Company and its Related EntitiesExecutive.

Release by the Executive. Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, the Executive, for himself herself and his her heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the “Executive’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company and its Related Entities, and each of their respective agents, representatives, shareholdersstockholders, owners, officers, directors, employees, consultants, attorneys, attorneys (solely in their capacity as counsel for the Company and its Related Entities) auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company Releasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Executive or any of the Executive’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination cessation of employment of the Executive by any of the Company Releasees, the Executive’s tenure as an employee and/or an officer of any of the Company Releasees, any agreement or compensation arrangement between the Executive and any of the Company Releasees (including, without limitation, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of lawfor vested benefits, including including, but not limited to claims for indemnity under California Labor Code Section 2802to, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefitsrestricted stock or stock options. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, or regulation dealing with the employment relationship or operating a publicly held business. With the exception of the agreement for the Voluntary Legal Fee Payments in Section 9 herein, except those claims which may not be released herein as a matter of law. Nothing nothing contained in this Section 13 14 or any other provision of this Agreement shall release or waive any right that the Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which the Executive may be eligible as provided in California Labor Code Section 2802the Certificate of Incorporation of the Company, the Company and its Related Entities’ Certificates Bylaws of Incorporationthe Company, Bylaws and any applicable directors and officers, errors & and omissions, umbrella or general liability insurance policies, any applicable indemnification agreements and any other applicable statutory provision relating to indemnification or any indemnification agreements; reimbursement nor prevent the Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this In accordance with California law, the Executive retains whatever rights she may have under California Labor Code Section 13 or 2802 (“Section 2802”) and the Company retains its rights to deny any other provision claim under Section 2802 based on conduct by the Executive that was outside the course and scope of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any her duties as an employee of the Company and its Related EntitiesCompany.

Release by the Executive. Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, the Executive, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the “"Executive’s 's Affiliates”") hereby fully and without limitation releases and forever discharges the Company and its Related Entities, and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “"Company Releasees”"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Executive or any of the Executive’s 's Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“"Claims”"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Company Releasees, the Executive’s 's tenure as an employee and/or an officer of any of the Company Releasees, any agreement or compensation arrangement between the Executive and any of the Company Releasees (including, without limitation, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s 's Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws; , and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained in this Section 13 12 or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which Executive may be eligible as provided in California Labor Code Section 2802, the Company and its Related Entities’ Certificates Company’s Certificate of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general officers liability insurance policies, or any indemnification agreementsinsurance; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entities.

Release by the Executive. Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, the Executive, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the “"Executive’s 's Affiliates”") hereby fully and without limitation releases and forever discharges the Company Commerce and its Related Entities, and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company "Commerce Releasees”"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Executive or any of the Executive’s 's Affiliates has or may have or may claim to have against the Company Commerce Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“"Claims”"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, investigation or termination of the Executive by any of the Company Commerce Releasees, the Executive’s 's tenure as an employee and/or an officer of any of the Company Commerce Releasees, any agreement or compensation arrangement between the Executive and any of the Company Commerce Releasees (including, without limitation, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s 's Affiliates in equity capital or rights in equity capital or other securities of any of the Company Commerce Releasees, or in connection with the Agreement and Plan of Merger dated March 29, 2004, by and among the Company, Skipping Stone Acquisition Corporation, Skipping Stone, Inc. and the holders of Skipping Stone, Inc. common stock (the "Skipping Stone Merger Agreement") and any other document or agreement referenced in the Skipping Stone Merger Agreement (the "Skipping Stone Agreements"), including, without limitation, the delivery of the shares of Commerce's common stock due to him under the Skipping Stone Agreements, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, rule or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained in this Section 13 11 or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by Commerce or the Company and its Related Entities with respect to which the Executive may be eligible as provided in California Labor Code Section 280210(c), the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entitiesabove.

Release by the Executive. Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, the Executive, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the “"Executive’s 's Affiliates”") hereby fully and without limitation releases and forever discharges the Company Commerce and its Related Entities, and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “"Company Releasees”"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Executive or any of the Executive’s 's Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning first date the Executive was an employee, officer or director of time Commerce and its Related Entities, or the predecessors of Commerce and its Related Entities, to the Effective Date (“"Claims”"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Company Releasees, the Executive’s 's tenure as an employee and/or an officer of any of the Company Releasees, any agreement or compensation arrangement between the Executive and any of the Company Releasees (including, without limitation, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s 's Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, Releasees to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which Executive may be eligible as provided in California Labor Code Section 2802, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entities.permitted

Release by the Executive. Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, the Executive, for himself and his heirs, executors, administrators, assigns, successors and agents (collectively, the “Executive’s Affiliates”) hereby fully and without limitation releases and forever discharges the Company and its Related Entities, and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company Releasees”), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Executive or any of the Executive’s Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Company Releasees, the Executive’s tenure as an employee and/or an officer of any of the Company Releasees, any agreement or compensation arrangement between the Executive and any of the Company Releasees (including, without limitation, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which Executive may be eligible as provided in California Labor Code Section 2802, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & and omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entities.

Release by the Executive. Except for any obligations or covenants In consideration of the Company pursuant payments and benefits to be made under this Agreement and as otherwise expressly provided in this Agreementthe February 2015 Amendment, with the intention of binding the Executive and the Executive, for himself and his ’s heirs, executors, administratorsadministrators and assigns (the “ Executive Parties ”), assignsthe Executive does hereby release, successors remise, acquit and agents forever discharge the Company and each of its subsidiaries (the “ Company Affiliated Group ”), their present and former officers, directors, executives, agents, attorneys, employees and employee benefits plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing, (collectively, the “Executive’s Affiliates”) hereby fully and without limitation releases and forever discharges the “ Company and its Related Entities, and each of their respective agents, representatives, shareholders, owners, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “Company ReleaseesReleased Parties ”), both individually of and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, complaints, charges, demands, rights, damages, lossesdebts, costssums of money, expenses accounts, financial obligations, suits, expenses, attorneys’ fees and compensation, liabilities of whatever kind or nature whatsoeverin law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, fixed suspected or contingent, unsuspected which the Executive Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, against any of the Executive’s Affiliates has or may have or may claim to have against the Company Releasees by reason of Released Parties in any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”)capacity, including, without limiting the generality of the foregoinglimitation, any Claims and all claims (i) arising out of, based upon, of or relating in any way connected with the Executive’s service to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by any member of the Company ReleaseesAffiliated Group (or the predecessors thereof) in any capacity, or the Executive’s tenure as an employee and/or an officer termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of the Company Releaseescontract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, and (iv) for any agreement or compensation arrangement between the Executive violation of applicable state and any of the Company Releasees local labor and employment laws (including, without limitation, the Employment Agreementall laws concerning unlawful and unfair labor and employment practices), or any act or occurrence in connection with and all claims based on the Employee Retirement Income Security Act of 1974 (“ ERISA ”), any actual, existing, proposed, prospective or claimed ownership interest and all claims arising under the civil rights laws of any nature of the Executive federal, state or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releaseeslocal jurisdiction, to the maximum extent permitted by lawincluding, except that Executive does not release any claims which may not be released herein as a matter of lawwithout limitation, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 19641964 (“ Title VII” ), as amended; the Americans With with Disabilities Act; Act (“ ADA ”), Sections 503 and 504 of the National Labor Relations Rehabilitation Act, as amended; the Equal Pay Family and Medical Leave Act; , the California common law on fraudAge Discrimination in Employment Act (“ ADEA ”), misrepresentationthe New York State Human Rights Law, negligencethe New York City Human Rights Law, defamationthe Sarbanes Oxley Act of 2002, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour lawsthe False Claims Act, and other any and all claims under any whistleblower laws or whistleblower provisions of the California Labor Codeother laws; provided, to the extent these may be released herein as a matter of law; or any other state or federal lawhowever, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained that nothing in this Section 13 or 1 releases any other provision obligations of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities Released Parties with respect to which the rights of the Executive may be eligible as that are provided in California Labor Code Section 2802under, or preserved by, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related EntitiesAmendment.

Release by the Executive. Except for any obligations or covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, the Executive, for himself and his heirs, executors, administrators, assigns, affiliates, successors and agents (collectively, the “"Executive’s 's Affiliates”") hereby fully and without limitation releases and forever discharges the Company and its Related Entities, and each of their respective current agents, representatives, shareholdersattorneys, ownersinvestigators, officers, directors, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and assigns (collectively, the “"Company Releasees”"), both individually and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, damages, losses, costs, expenses and compensation, of whatever nature whatsoever, known or unknown, fixed or contingent, which the Executive or any of the Executive’s 's Affiliates has or may have or may claim to have against the Company Releasees by reason of any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“"Claims”"), including, without limiting the generality of the foregoing, any Claims arising out of, based upon, or relating to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Company Releasees, the Executive’s 's tenure as an employee and/or an officer of any of the Company Releasees, any agreement or compensation arrangement between the Executive and any of the Company Releasees (including, without limitation, the Employment Agreement), or any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of the Executive or the Executive’s 's Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releasees, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Americans With Disabilities Act; the National Labor Relations Act, as amended; the Equal Pay Act; ERISA; any provision of the California Labor Code; the California common law on fraud, misrepresentation, negligence, defamation, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour laws, and other provisions of the California Labor Code, to the extent these may be released herein as a matter of law; or any other state or federal law, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing provided, however, nothing contained in this Section 13 8 or any other provision of this Agreement shall release or waive any right that Executive has to (i) indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which Executive may be eligible as provided in California Labor Code Section 28027(c), above, (ii) coverage under any D&O insurance policy as provided in Section 7(d) above, (iii) any vested rights Executive has with respect to any employee benefit plan sponsored by the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policiesCompany, or (iv) to pursue any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) claims for defamation or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entitiesmalicious prosecution.

Release by the Executive. Except (a) In exchange for any obligations or the Separation Payment, the COBRA Subsidy, and the release provided by the COMPANY and the other COMPANY Releasing Parties pursuant to Paragraph 7, and the COMPANY s and the other COMPANY Entities other covenants of the Company pursuant to this Agreement and as otherwise expressly provided in this Agreement, upon the ExecutiveEffective Date, the EXECUTIVE, for himself herself and his on behalf of her spouse, domestic partner, children, present and former representatives, agents, advisors, attorneys, predecessors, successors, insurers, administrators, heirs, executors, administrators, assigns, successors trusts, trustees and agents beneficiaries, and all others acting or purporting to act on her behalf (collectively, the “Executive’s Affiliates”) EXECUTIVE Releasing Parties hereby fully unconditionally and without limitation irrevocably waives, releases and forever discharges the Company and its Related COMPANY, the other COMPANY Entities, and each of their respective predecessors, successors, assigns, parent companies, subsidiaries, and affiliates, and in their official capacities as such, each of their respective current and former agents, advisors, representatives, shareholdersbeneficiaries, ownersexecutors, administrators, insurers, reinsurers, sureties, auditors, attorneys, officers, directors, employees, consultantsemployee benefit programs (and trustees, attorneysadministrators, auditorsfiduciaries, accountants, investigators, affiliates, successors and assigns (collectively, the “Company Releasees”insurers of such programs), both individually and collectively, from any and all rightsothers acting or purporting to act on their behalf, claims, past and present ( COMPANY Released Parties demands, liabilities, actions, causes of action, complaints, suits, accounts, covenants, contracts, agreements, damages, losses, judgments, executions, orders, fees, costs, expenses and compensationexpenses, and any and all claims, demands and liabilities whatsoever of whatever nature whatsoeverany kind, whether in law or in equity, known or unknown, fixed suspected or contingentunsuspected, whether sounding in tort, contract, under municipal, state, or federal law or any other rule, regulation or authority, which the Executive EXECUTIVE Releasing Parties have, or any of the Executive’s Affiliates has or may have or may claim to have ever had, against the Company Releasees by reason of any matter, cause, or thing whatsoeverCOMPANY Released Parties, from the beginning of time to the Effective Date Date, except as otherwise set forth in Paragraph 5(d) (“Claims”which carves out the Executive Protections, as that term is defined in Paragraph 5(d), including, without ). Without limiting the generality of the foregoing, this waiver, release, and discharge includes, but is not limited to, any Claims claim or right based upon or arising out of, based upon, of or relating in any way to the recruitmentEXECUTIVE with the COMPANY Entities or any termination thereof, hiringincluding, employment, relocation, remuneration, investigation, or termination of the Executive by any of the Company Releaseesbut not limited to, the Executive’s tenure as an employee and/or an officer of any of the Company ReleaseesEXECUTIVE Employment Agreement, any agreement or compensation arrangement between awards with respect to the Executive and COMPANY stock, any of the Company Releasees (includingclaim for wrongful discharge, without limitationharassment, the Employment Agreement)race discrimination, gender discrimination, national original discrimination, hostile and/or toxic work environment, retaliation, or any act claim or occurrence in connection with right arising under any actualfederal, existingstate, proposedor local fair employment practices or equal opportunity laws, prospective or claimed ownership interest of any nature of the Executive or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releaseesincluding, to the maximum extent permitted by law, except that Executive does not release any claims which may not be released herein as a matter of law, including but not limited to claims for indemnity under California Labor Code Section 2802the following federal laws and, claims that may be adjudicated before as applicable, the California Workers’ Compensation Appeals Board, laws of the state and/or city in which the EXECUTIVE is or has been employed the Worker Adjustment and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Retraining Notification Act, as amended; 42 U.S.C. Section 1981, Title VII of the Civil Rights Act of 1964, as the Civil Rights Act of 1991, the Employee Retirement Income Security Act (including, but not FLSA amended; , OSHA under the Americans With Disabilities Act; Xxxxxxxx-Xxxxx Act of 2002 or the National Labor Relations Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act, as amended; the Equal Pay New York State Human Rights Law, New York State Constitution, New York Labor Law, New York Civil Rights Law, New York City Human Rights Law, New York Executive Law, the New Jersey Civil Rights Act; , the California common law on fraudNew Jersey Law Against Discrimination, misrepresentationthe New Jersey Family Leave Act, negligencethe New Jersey Fair Credit Reporting Act, defamationthe New Jersey Paid Sick upational Safety and Health Act, infliction of emotional distress the (b) The EXECUTIVE acknowledges that she may later discover facts different from, or other tortin addition to, breach of contract those she now knows or covenantbelieves to be true with respect to her employment, violation of public policy or wrongful termination; state or federal wage and hour lawsthe separation from her employment (including the reasons for such separation), and/or the claims released in this Agreement, and other provisions agrees that the First Release shall be and remain in effect in all respects as a complete and general release as to all matters released, notwithstanding any such different or additional facts. (c) The EXECUTIVE acknowledges and agrees, that, except as prohibited by law, she hereby waives any right that she may have to seek or to share in any relief, monetary or otherwise, relating to any claim released in the First Release, whether such claim was initiated by her or not. To the extent the EXECUTIVE receives any such relief, the COMPANY will be entitled to an offset for any payments made under this Agreement, except as prohibited by law. (d) Notwithstanding anything to the contrary set forth in this Paragraph 5 herein, the First Release and the Second Release (in the form attached hereto as Appendix A and as that term is defined in Paragraph 6) shall not include the following matters: (i) the Accrued Obligations or obligations created by or arising out of this Agreement; (ii) unemployment, state disability, and/or (iii) continuation of existing participation in COMPANY-sponsored group health benefit plans, as set forth in Paragraph 3, under COBRA and/or under applicable state law counterpart(s); (iv) any benefits entitlements that were vested as of the California Labor Code, Effective Date pursuant to the extent these terms of any COMPANY-sponsored benefit plan (which benefits entitlements, for the avoidance of doubt, do not include any bonus payments, deferred or otherwise, or any paid time off nor restricted stock units forfeited pursuant to Paragraph 2); (v) any claim not waivable by law; (vi) except as set forth in Paragraph 6, any claim or right that may arise after the Effective Date; (vii) the Indemnification Rights; and (viii s rights with respect to the release provided by Mithaq Capital SPC (together with Mithaq Holding Company and their respective affiliates (collectively, Mithaq )) under the Letter Agreement between the COMPANY and Mithaq Capital SPC dated February 29, 2024, as set forth in Exhibit 10.2 to the C -K dated March 1, 2024. In particular, for the avoidance of doubt, nothing in this Agreement shall be released herein construed as a waiver of the im that cannot be waived as a matter of law; law or from making a claim that does not include a request for monetary relief with any other state governmental agency or federal lawfrom participating in an administrative, rulelegislative, or regulation dealing with the employment relationship judicial proceeding concerning harassment or operating discrimination if she has been required or requested to attend such a publicly held businessproceeding pursuant to a court order, except those claims which may not be released herein as a matter of law. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities with respect to which Executive may be eligible as provided in California Labor Code Section 2802, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policiessubpoena, or any indemnification agreements; nor prevent Executive written request from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related Entities.an

Release by the Executive. Except for any obligations or covenants In consideration of the Company pursuant payments and benefits to this Agreement be made under paragraphs 4(a) and (h) of the letter (the “Amendment”) dated as otherwise expressly provided in this Agreementof January 1, 2015 between NeoStem, Inc. (the “Company”) and Xx. Xxxxx X. Smith (the “Executive”), with the intention of binding the Executive and the Executive, for himself and his ’s heirs, executors, administrators, assigns, successors administrators and agents assigns (collectivelythe “Executive Parties”), the “Executive’s Affiliates”) Executive does hereby fully and without limitation releases release, remise, acquit and forever discharges discharge the Company and its Related Entities, and each of its subsidiaries (the “Company Affiliated Group”), their respective agents, representatives, shareholders, owners, present and former officers, directors, employeesexecutives, consultantsagents, attorneys, auditorsemployees and employee benefits plans (and the fiduciaries thereof), accountantsand the successors, investigators, affiliates, successors predecessors and assigns of each of the foregoing, (collectively, the “Company ReleaseesReleased Parties”), both individually of and collectively, from any and all rights, claims, demands, liabilities, actions, causes of action, complaints, charges, demands, rights, damages, lossesdebts, costssums of money, expenses accounts, financial obligations, suits, expenses, attorneys’ fees and compensation, liabilities of whatever kind or nature whatsoeverin law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, fixed suspected or contingent, unsuspected which the Executive Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, against any of the Executive’s Affiliates has or may have or may claim to have against the Company Releasees by reason of Released Parties in any matter, cause, or thing whatsoever, from the beginning of time to the Effective Date (“Claims”)capacity, including, without limiting the generality of the foregoinglimitation, any Claims and all claims (i) arising out of, based upon, of or relating in any way connected with the Executive’s service to the recruitment, hiring, employment, relocation, remuneration, investigation, or termination of the Executive by any member of the Company ReleaseesAffiliated Group (or the predecessors thereof) in any capacity, or the Executive’s tenure as an employee and/or an officer termination of such service in any such capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of the Company Releaseescontract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, and (iv) for any agreement or compensation arrangement between the Executive violation of applicable state and any of the Company Releasees local labor and employment laws (including, without limitation, the Employment Agreementall laws concerning unlawful and unfair labor and employment practices), or any act or occurrence in connection with and all claims based on the Executive Retirement Income Security Act of 1974 (“ERISA”), any actual, existing, proposed, prospective or claimed ownership interest and all claims arising under the civil rights laws of any nature of the Executive federal, state or the Executive’s Affiliates in equity capital or rights in equity capital or other securities of any of the Company Releaseeslocal jurisdiction, to the maximum extent permitted by lawincluding, except that Executive does not release any claims which may not be released herein as a matter of lawwithout limitation, including but not limited to claims for indemnity under California Labor Code Section 2802, claims that may be adjudicated before the California Workers’ Compensation Appeals Board, and claims for vested benefits. The Executive specifically and expressly releases any Claims arising out of or based on: the California Fair Employment and Housing Act, as amended; Title VII of the Civil Rights Act of 19641964 (“Title VII”), as amended; the Americans With with Disabilities Act; Act (“ADA”), Sections 503 and 504 of the National Labor Relations Rehabilitation Act, as amended; the Equal Pay Family and Medical Leave Act; , the California common law on fraudAge Discrimination in Employment Act (“ADEA”), misrepresentationthe New York State Human Rights Law, negligencethe New York City Human Rights Law, defamationthe Sarbanes Oxley Act of 2002, infliction of emotional distress or other tort, breach of contract or covenant, violation of public policy or wrongful termination; state or federal wage and hour lawsthe False Claims Act, and other any and all claims under any whistleblower laws or whistleblower provisions of the California Labor Codeother laws; provided, to the extent these may be released herein as a matter of law; or any other state or federal lawhowever, rule, or regulation dealing with the employment relationship or operating a publicly held business, except those claims which may not be released herein as a matter of law. Nothing contained that nothing in this Section 13 or 1 releases any other provision obligations of this Agreement shall release or waive any right that Executive has to indemnification and/or reimbursement of expenses by the Company and its Related Entities Released Parties with respect to which the rights of the Executive may be eligible as that are provided in California Labor Code Section 2802under, or preserved by, the Company and its Related Entities’ Certificates of Incorporation, Bylaws and any applicable directors and officers, errors & omissions, umbrella or general liability insurance policies, or any indemnification agreements; nor prevent Executive from cooperating in an investigation by the Equal Employment Opportunity Commission (“EEOC”) or from filing an EEOC charge other than for personal relief. Nothing contained in this Section 13 or any other provision of this Agreement shall release or waive any right or benefit that Executive has under any stock option or restricted stock agreement granted to Executive by any of the Company and its Related EntitiesAmendment.