Common use of Release by the Executive Clause in Contracts

Release by the Executive. The Executive, on his own behalf and on behalf of his heirs, executors, administrators and legal representatives (collectively, the “Executive Parties”) hereby irrevocably and unconditionally releases and forever discharges the Company and its shareholders, employees, officers and directors (collectively, the “Company Parties”) from any and all claims, actions, causes of action, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), whether known or unknown, whether now existing or hereafter arising, that any Executive Party may have, may have had, or may hereafter have, and that are based in whole or in part on facts, whether or not now known, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to any Claim based on Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company, and the termination of such relationship or service, or any other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements of the Executive that arises under or is preserved by this Agreement.

Release by the Executive. (a) The Executive, on his own behalf Executive knowingly and on behalf of his heirs, executors, administrators and legal representatives (collectively, the “Executive Parties”) hereby irrevocably and unconditionally voluntarily releases and forever discharges the Company and its shareholdersthe Company's parents, employeessubsidiaries and affiliates, officers together with all of their respective past and directors present directors, managers, officers, partners, employees and attorneys, and each of their predecessors, successors and assigns, and any of the foregoing in their capacity as a shareholder or agent of the Company (collectively, the “Company Parties”"Releasees") from any and all claims, actionscharges, complaints, promises, agreements, controversies, liens, demands, causes of action, rights, judgments, obligations, damages, demands, accountings or damages and liabilities of whatever kind or character (collectivelyany nature whatsoever, “Claims”), whether known or unknown, whether suspected or unsuspected, which against them the Executive or his executors, administrators, successors or assigns ever had, now existing or hereafter arising, that any Executive Party may have, may have had, or may hereafter haveclaim to have against any of the Releasees by reason of any matter, cause or thing whatsoever arising on or before the Effective Date and that are based in whole or in part on facts, whether or not now knownpreviously asserted before any state or federal court or before any state or federal agency or governmental entity (the "Release"). The Release includes, existing prior without limitation, any rights or claims relating in any way to the Effective DateExecutive's employment relationship with the Company or any of the Releasees, regarding or the termination thereof, or arising under any matter whatsoeverstatute or regulation, including but not limited to any Claim based on the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1991, the Americans With with Disabilities Act; Act of 1990, the Fair Labor Standards Act; the Equal Pay Act; the Family and Medical Leave Act; the Executive Employee Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company1974, and the termination Family Medical Leave Act of such relationship or service1993, each as amended, or any other matter whatsoeverfederal, state or local law, regulation, ordinance or common law, or under any policy, agreement, understanding or promise, whether written or oral, formal or informal, between any of the Releasees and the Executive. (b) Nothing herein shall be deemed to release (i) any of the Executive's rights under this Agreement, (ii) any of the Executive's rights that have accrued prior to the date hereof under the Company's employee benefit plans; providedor (iii) any of the Executive's rights to indemnification under any indemnification agreement, however, applicable law and the certificates of incorporation and bylaws of the Company and/or any subsidiary or parent of the Company. (c) The Executive represents that the Company has advised him to consult with an attorney of his choosing prior to signing this Agreement. The Executive further represents that he understands and agrees that he has the right and has in fact reviewed this Agreement shall not release any rights or entitlements and, specifically, the Release, with an attorney of the Executive's choice, The Executive further represents that arises he understands and agrees that the Company is under or is preserved by no obligation to offer him this Agreement, and that the Executive is under no obligation to consent to the Release, and that he has entered into this Agreement freely and voluntarily. (d) The Executive shall have twenty-one (21) days to consider this Agreement and once he has signed this Agreement, the Executive shall have seven (7) additional days from the date of execution to revoke his consent to the Release set forth above. Any such revocation shall be made by delivering written notification to the Chief Executive Officer.

Release by the Executive. a) The ExecutiveExecutive for himself and his dependents, on his own behalf and on behalf of his successors, assigns, heirs, executors, executors and administrators (and his and their legal representatives (collectivelyof every kind), the “Executive Parties”) hereby irrevocably and unconditionally releases releases, dismisses, and forever discharges the Company and its shareholders, employees, officers and directors (collectively, the “Company Parties”) from any and all claimsarbitrations, actionsclaims (including claims for attorneys’ fees), causes of action, rights, judgments, obligationsdemands, damages, demandssuits, accountings or liabilities proceedings, actions and/or causes of whatever action of any kind or character (collectively, “Claims”)and every description, whether known or unknown, whether which the Executive now existing has or hereafter arising, that any Executive Party may have, may have hadhad for, upon, or may hereafter have, and by reason of any cause whatsoever (except that are based in whole or in part on facts, whether or this release shall not now known, existing prior apply to the Effective Dateobligations of the Company arising under this Agreement), regarding against the Company (“Claims”), including but not limited to: i) any matter whatsoeverand all Claims, directly or indirectly, arising out of or relating to: (a) the Executive’s employment with the Company; and (b) the Executive’s resignation as Senior Vice President, General Counsel and Corporate Secretary; ii) any and all claims of discrimination, including but not limited to claims of discrimination on the basis of sex, race, age, national origin, marital status, religion or disability, including, specifically, but without limiting the generality of the foregoing, any Claim based on claims under the Age Discrimination in Employment Act, as amended (the “ADEA”), Title VII of the Civil Rights Act of 1964; , as amended, the Americans With with Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; Act of 1990, the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to 1993 and Ohio Revised Code Chapter 4112; iii) any and all claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and of wrongful or unjust discharge or breach of any common law, public policy, contract (whether oral or writtenpromise, express or implied; and iv) any and tort all claims under or relating to any and all employee compensation, employee benefit, employee severance or employee incentive bonus plans and arrangements; provided that he shall remain entitled to the amounts and benefits specified in Paragraph 2 above. b) The Executive’s release excludes claims that cannot be waived by law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on including the Executive’s employment relationship with, and service as an employee, officer or director of, right to file a charge with the Company, and the termination of such relationship or service, or any other matter whatsoeverEqual Employment Opportunity Commission; provided, however, that the Executive specifically waives and releases the right to any monetary recovery or other relief from such a filing. c) The Executive understands and acknowledges that the Company does not admit any violation of law, liability or invasion of any of his rights and that any such violation, liability or invasion is expressly denied. The consideration provided under this Agreement shall not release any is made for the purpose of settling and extinguishing all claims and rights (and every other similar or entitlements of dissimilar matter) that the Executive ever had or now may have or ever will have against the Company to the extent provided in this Paragraph 4. The Executive further agrees and acknowledges that arises under no representations, promises or is preserved inducements have been made by the Company other than as appear in this Agreement. d) The Executive further understands and acknowledges that: i) the release provided for in this Paragraph 4, including claims under the ADEA to and including the date of this Agreement, is in exchange for the additional consideration provided for in this Agreement, to which consideration he was not heretofore entitled; ii) he has been advised by the Company to consult with legal counsel prior to executing this Agreement and the release provided for in this Paragraph 4, has had an opportunity to consult with and to be advised by legal counsel of his choice, fully understands the terms of this Agreement, and enters into this Agreement freely, voluntarily and intending to be bound; iii) he has been given a period of twenty-one days to review and consider the terms of this Agreement, and the release contained herein, prior to its execution and that he may use as much of the twenty-one day period as he desires; and iv) he may, within seven days after execution, revoke this Agreement. Revocation shall be made by delivering a notice of revocation to the Senior Vice President and Chief Administrative Officer at the Company no later than the close of business on the seventh day after the Executive executes this Agreement. If the Executive does exercise his right to revoke this Agreement, all of the terms and conditions of the Agreement shall be of no force and effect and the Company shall have no obligation to satisfy the terms or make any payment to the Executive as set forth in Paragraph 2 of this Agreement. e) The Executive and the Company acknowledge that his resignation is by mutual agreement between the Company and the Executive, and that the Executive waives and releases any claim that he has or may have to reemployment by the Company. f) For purposes of the above provisions of this Paragraph 4, the “Company” shall include its predecessors, subsidiaries, divisions, related or affiliated companies, officers, directors, stockholders, members, employees, heirs, successors, assigns, representatives, agents and counsel.

Release by the Executive. The ExecutiveIn consideration of, on his own behalf and on behalf of his heirs, executors, administrators and legal representatives (collectivelysubject to, the payments to be made to Ixx Xxxxxx (the “Executive PartiesExecutive”) by Claire’s Stores, Inc., or any of its subsidiaries, or its or their successor(s) or assigns (the “Company”), pursuant to the attached Employment Agreement (the “Employment Agreement”) dated January 18, 2007, the Executive hereby irrevocably and unconditionally releases and forever discharges the Company Company, and its respective past and present officers, directors, shareholders, employees, officers employees and directors (collectively, the “Company Parties”) agents from any and all claims, actions, claims and causes of action, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), whether known or unknown, whether which may heretofore have existed or which may now existing or hereafter arisingexist, that any Executive Party may have, may have had, or may hereafter have, up to and that are based in whole or in part including the date on facts, whether or not now known, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to any Claim based on Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; the Family and Medical Leave Act; which the Executive Retirement Income Security Act signs this Waiver and Release of 1974 (except as Claims, arising out of or relating to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship withwith the Company or the termination thereof, including, but not limited to, wrongful discharge, breach of contract, tort, fraud, the Civil Rights Act, Age Discrimination in Employment Act, Employee Retirement Income Security Act, Americans with Disabilities Act, or any other federal, state or local legislation or common law relating to employment or discrimination in employment. Notwithstanding the foregoing or any other provision hereof, nothing in this Waiver and Release of Claims shall adversely affect (i) the Executive’s rights under the Employment Agreement; (ii) the Executive’s rights to benefits other than severance benefits under plans, programs and arrangements of the Company which are accrued but unpaid as of the date of the Executive’s termination; or (iii) the Executive’s rights to indemnification under any indemnification agreement, applicable law, and service as an employee, officer or director of, certificates of incorporation and bylaws of the Company, and the termination Executive’s rights under any directors’ and officers’ liability insurance policy covering the Executive. The Executive acknowledges that he has signed this Waiver and Release of such relationship Claims voluntarily, knowingly, of his own free will and without reservation or serviceduress, and that no promises or representations have been made to the Executive by any person to induce the Executive to do so other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements than the promise of payment set forth in the first paragraph above and the Company’s acknowledgement of the Executive’s rights reserved under the second paragraph above. The Executive acknowledges that arises under he has been given not less than [twenty-one (21)] [forty-five (45)] days to review and consider this Waiver and Release of Claims, and that he has had the opportunity to consult with an attorney or is preserved other advisors of his choice and has been advised by the Company to do so if he chooses. The Executive may revoke this AgreementWaiver and Release of Claims seven days or less after its execution by providing written notice to the Company. Finally, the Executive acknowledges that he has read this Waiver and Release of Claims and understands all of its terms.

Release by the Executive. The Executive, on his own behalf and on behalf of his heirsthe Executive and anyone claiming through the Executive, executorshereby agrees not to xxx the Company or any of its divisions, administrators and legal representatives subsidiaries, affiliates (collectivelyincluding, without limitation, the “Executive Parties”Parent) hereby irrevocably and unconditionally releases and forever discharges or other related entities of the Company and its shareholdersabove specified entities (whether or not such entities are wholly owned) or any of the past, present or future directors, officers, administrators, trustees, fiduciaries, employees, officers agents or attorneys of the Company or any of such other entities, or the predecessors, successors or assigns of any of them (hereinafter referred to as the “Released Parties”), and directors (collectivelyagrees to release and discharge, fully, finally and forever, the “Company Parties”) Released Parties from any and all claims, actions, causes of action, rightslawsuits, judgmentsliabilities, obligationsdebts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, demandsjudgments and demands of any nature whatsoever, accountings in law or liabilities of whatever kind or character (collectivelyin equity, “Claims”), whether both known or and unknown, whether now existing asserted or hereafter arisingnot asserted, that any foreseen or unforeseen, which the Executive Party may have, may have had, ever had or may hereafter havepresently have against any of the Released Parties arising from the beginning of time up to and including the effective date of this Agreement, including, without limitation, all matters in any way related to the Executive’s employment by the Company, the terms and conditions thereof, any failure to promote the Executive and the termination or cessation of the Executive’s employment with the Company, and that are based in whole or in part on factsincluding, whether or not now knownwithout limitation, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to any Claim based on Title VII of and all claims arising under the Civil Rights Act of 1964; , as amended, the Americans With Disabilities Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act; , the Fair Labor Standards Older Workers’ Benefit Protection Act; the Equal Pay Act; , the Family and Medical Leave Act; , the Executive Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by 1974, the Company); Illinois Human Rights Act, the Occupational Safety and Health Act; Xxxx County Human Rights Ordinance, the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral City of Chicago Human Rights Ordinance or written, express or implied) and tort law, and any other localfederal, state, federal local or foreign lawstatute, regulation regulation, ordinance or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company, and the termination of such relationship or serviceorder, or pursuant to any other matter whatsoevercommon law doctrine; provided, however, that nothing contained in this Section 7 shall apply to, or release the Company from, any obligation of the Company contained in this Agreement, in Section 6, 8 or 9 of the Amended Employment Agreement or any vested or accrued benefit pursuant to any employee benefit plan of the Company. The consideration offered herein is accepted by the Executive as being in full accord, satisfaction, compromise and settlement of any and all claims or potential claims, and the Executive expressly agrees that the Executive is not entitled to, and shall not release receive, any rights further recovery of any kind from the Company or entitlements any of the Executive other Released Parties, and that arises under in the event of any further proceedings whatsoever based upon any matter released herein, neither the Company nor any of the other Released Parties shall have any further monetary or is preserved other obligation of any kind to the Executive, including any obligation for any costs, expenses or attorneys’ fees incurred by this Agreementor on behalf of the Executive.

Release by the Executive. The Executive, on his own behalf Executive hereby unconditionally and on behalf of his heirs, executors, administrators and legal representatives (collectively, the “Executive Parties”) hereby irrevocably and unconditionally releases and forever discharges the Company and any of its shareholderssubsidiaries or affiliates, employees, officers of and directors (collectively, the “Company Parties”) from any and all claimsclaims and demands whatsoever, actions, causes of action, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), whether known or unknown, whether now existing at law and in equity, in contract or hereafter in tort, and any statutory claim for relief of any nature, and agrees not to xxx and not to assert against them any such claims or demands or any other causes of action in any court or before any agency or commission of a local, state and federal government, arising, that any Executive Party may havealleged to have arisen, which may have hadbeen alleged to have arisen, or which may hereafter havearise under any law whatsoever, and that whether such claims are based pursued in whole a personal or individual capacity, or in part on factsa representational or relator capacity, whether or not now knownincluding, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to to, any Claim based on federal, state, or municipal anti-discrimination laws, anti-retaliation laws, and “whistleblower” laws such as, the Fair Labor Standards Act, the Equal Pay Act, the False Claims Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; , as amended, the Family and Medical Leave Act; , Broward County Equal Employment Ordinance, Palm Beach Equal Opportunity Ordinance, the Executive Retirement Income Security Florida Civil Rights Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; 1992, Section 440.205, Florida Statutes, the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director ofOSHA, the CompanyFlorida Whistleblower Act, Xxxxxxxx-Xxxxx, and the termination Patriot Act, that the Executive on behalf of such relationship himself and on behalf of persons similarly situated, ever had, now has, or servicewhich his heirs, executors, administrators, attorneys, or assigns, or any other matter of them, hereafter can, shall or may have, for or by reason of any cause whatsoever; provided, howeverbased on any set of facts known or unknown, that occurring prior to, and including, the date of the execution of this Agreement shall not release provided however nothing herein is to be interpreted as prohibiting either party from filing an action enforcing the terms of this Agreement; or enforcing the terms of any rights debentures, notes, loans or entitlements of the Executive that arises under or is preserved by other obligations still outstanding and referenced in this Agreement.

Release by the Executive. (a) The Executive, on his own behalf Executive knowingly and on behalf of his heirs, executors, administrators and legal representatives (collectively, the “Executive Parties”) hereby irrevocably and unconditionally voluntarily releases and forever discharges the Company and its shareholdersthe Company's parents, employeessubsidiaries and affiliates, officers together with all of their respective past and directors present directors, managers, officers, partners, employees and attorneys, and each of their predecessors, successors and assigns, and any of the foregoing in their capacity as a shareholder or agent of the Company (collectively, the “Company Parties”"Releasees") from any and all claims, actionscharges, complaints, promises, agreements, controversies, liens, demands, causes of action, rights, judgments, obligations, damages, demands, accountings or damages and liabilities of whatever kind or character (collectivelyany nature whatsoever, “Claims”), whether known or unknown, whether suspected or unsuspected, which against them the Executive or his executors, administrators, successors or assigns ever had, now existing or hereafter arising, that any Executive Party may have, may have had, or may hereafter haveclaim to have against any of the Releasees by reason of any matter, cause or thing whatsoever arising on or before the Effective Date and that are based in whole or in part on facts, whether or not now knownpreviously asserted before any state or federal court or before any state or federal agency or governmental entity (the "Release"). The Release includes, existing prior without limitation, any rights or claims relating in any way to the Effective DateExecutive's employment relationship with the Company or any of the Releasees, regarding or the termination thereof, or arising under any matter whatsoeverstatute or regulation, including but not limited to any Claim based on the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1991, the Americans With with Disabilities Act; Act of 1990, the Fair Labor Standards Act; the Equal Pay Act; the Family and Medical Leave Act; the Executive Employee Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company1974, and the termination Family Medical Leave Act of such relationship or service1993, each as amended, or any other matter whatsoeverfederal, state or local law, regulation, ordinance or common law, or under any policy, agreement, understanding or promise, whether written or oral, formal or informal, between any of the Releasees and the Executive. (b) Nothing herein shall be deemed to release (i) any of the Executive's rights under this Agreement, (ii) any of the Executive's rights that have accrued prior to the date hereof under the Company's employee benefit plans; providedor (iii) any of the Executive's rights to indemnification under any indemnification agreement, however, applicable law and the certificates of incorporation and bylaws of the Company and/or any subsidiary or parent of the Company. (c) The Executive represents that the Company has advised him to consult with an attorney of his choosing prior to signing this Agreement. The Executive further represents that he understands and agrees that he has the right and has in fact reviewed this Agreement shall not release any rights or entitlements and, specifically, the Release, with an attorney of the Executive's choice. The Executive further represents that arises he understands and agrees that the Company is under or is preserved by no obligation to offer him this Agreement, and that the Executive is under no obligation to consent to the Release, and that he has entered into this Agreement freely and voluntarily. (d) The Executive shall have twenty-one (21) days to consider this Agreement and once he has signed this Agreement, the Executive shall have seven additional days from the date of execution to revoke his consent to the Release set forth above. Any such revocation shall be made by delivering written notification to the Chief Executive Officer.

Release by the Executive. The Lxxxxxxx Xxxxxxx (the “Executive”), on his or her own behalf and on behalf of his or her descendants, dependents, heirs, executors, administrators administrators, assigns and legal representatives successors, and each of them, hereby acknowledges full and complete satisfaction of and releases and discharges and covenants not to sue the Company, its divisions, subsidiaries, parents, or affiliated corporations, past and present, and each of them, as well as its and their assignees, successors, directors, officers, stockholders, partners, representatives, attorneys, agents or employees, past or present, or any of them (individually and collectively, the “Executive PartiesReleasees”) hereby irrevocably ), from and unconditionally releases and forever discharges the Company and its shareholders, employees, officers and directors (collectively, the “Company Parties”) from with respect to any and all claims, actionsagreements, obligations, demands and causes of action, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), whether known or unknown, whether now existing suspected or hereafter arisingunsuspected, that arising out of or in any Executive Party may haveway connected with the Executive’s employment or any other relationship with or interest in the Company or the termination thereof, may have hadincluding without limiting the generality of the foregoing, any claim for severance pay, profit sharing, bonus or similar benefit, equity-based compensation, pension, retirement, life insurance, health or medical insurance or any other fringe benefit, or may hereafter havedisability, or any other claims, agreements, obligations, demands and that are based in whole causes of action, known or in unknown, suspected or unsuspected resulting from any act or omission by or on the part on facts, whether of Releasees committed or not now known, existing omitted prior to the Effective Datedate of this Agreement set forth below, regarding including, without limiting the generality of the foregoing, any matter whatsoever, including but not limited to any Claim based on claim under Title VII of the Civil Rights Act of 1964; , the Americans With with Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; , the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other localfederal, state, federal state or foreign local law, regulation or ordinance having (collectively, the “Claims”); provided, however, that the foregoing release does not apply to any bearing whatsoever on obligation of the Company to the Executive pursuant to any of the following: (1) Section 6 of the Employment Agreement; (2) any equity-based awards previously granted by the Company to the Executive, to the extent that such awards continue after the termination of the Executive’s employment relationship withwith the Company in accordance with the applicable terms of such awards or as such awards are modified by this Agreement; (3) any right to indemnification that the Executive may have pursuant to the Company’s bylaws, and its corporate charter or under any written indemnification agreement with the Company (or any corresponding provision of any subsidiary or affiliate of the Company) with respect to any loss, damages or expenses (including but not limited to attorneys’ fees to the extent otherwise provided) that the Executive may in the future incur with respect to his or her service as an employee, officer or director ofof the Company or any of its subsidiaries or affiliates; (4) with respect to any rights that the Executive may have to insurance coverage for such losses, damages or expenses under any Company (or subsidiary or affiliate) directors and officers liability insurance policy; (5) any rights to continued medical and dental coverage that the Executive may have under COBRA; (6) any rights to payment of benefits that the Executive may have under a retirement plan sponsored or maintained by the Company that is intended to qualify under Section 401(a) of the Internal Revenue Code of 1986, as amended; or (7) any rights to accrued benefits under the Company’s employee benefits plans. In addition, this release does not cover any Claim that cannot be so released as a matter of applicable law. The Executive acknowledges and agrees that he or she has received any and all leave and other benefits that he or she has been and is entitled to pursuant to the termination Family and Medical Leave Act of such relationship or service, or any other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements of the Executive that arises under or is preserved by this Agreement1993.

Release by the Executive. In consideration of the payments and benefits to be made under Sections 3.2(a) through (f) of the Separation Agreement (the “Agreement”) dated as of February 25, 2011 between The St. Xxx Company (the “Company”) and Wm. Xxxxxxx Xxxxxx (the “Executive”), on his own behalf with the intention of binding the Executive and on behalf of his the Executive’s heirs, executors, administrators and legal representatives assigns (collectively, the “Executive Parties”) ), the Executive does hereby irrevocably and unconditionally releases release, remise, acquit and forever discharges discharge the Company and each of its shareholderssubsidiaries (the “Company Affiliated Group”), employeestheir present and former officers, officers directors, executives, agents, attorneys, employees and directors employee benefits plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing, but specifically excluding Xxxxx X. Xxxxxxxxx, Xxxxxxx Xxxxxxxxx, Fairholme Capital Management, LLC, and Fairholme Funds, Inc. (collectively, the “Company Released Parties”) ), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, judgments, obligations, damages, demandsdebts, accountings or sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or character (collectivelynature in law, “Claims”)equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, whether suspected or unsuspected which the Executive, individually or as a member of a class, now existing has, owns or hereafter arisingholds, that or has at any Executive Party may have, may have time heretofore had, owned or may hereafter haveheld, against any of the Company Released Parties in any capacity, including, without limitation, any and all claims (i) arising out of or in any way connected with the Executive’s service to any member of the Company Affiliated Group (or the predecessors thereof) in any capacity, or the termination of such service in any such capacity, (ii) for severance or 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 that are based in whole or in part on facts(iv) for any violation of applicable state and local labor and employment laws (including, whether or not now knownwithout limitation, existing prior to the Effective Dateall laws concerning unlawful and unfair labor and employment practices), regarding any matter whatsoever, including but not limited to any Claim and all claims based on Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to “ERISA”), any and all claims pertaining to vested benefits arising under employee benefit plans maintained by the Companycivil rights laws of any federal, state or local jurisdiction, including, without limitation, Title VII of the Civil Rights Act of 1964 (“Title VII”); , the Occupational Safety Americans with Disabilities Act (“ADA”), Sections 503 and Health 504 of the Rehabilitation Act; , the Worker Adjustment Family and Retraining Notification Medical Leave Act; , the National Labor Relations Act; Age Discrimination in Employment Act (“ADEA”), the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; Florida Law Against Discrimination and any common law, public policy, contract and all claims under any whistleblower laws or whistleblower provisions of other laws excepting only: (whether oral or written, express or implieda) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company, and the termination of such relationship or service, or any other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements of the Executive that arises provided under or is preserved by this Second Mutual Release and the Agreement.; (b) rights of the Executive relating to equity awards and shares held by the Executive as of the Termination Date (as defined in the 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 or the Agreement,

Release by the Executive. The ExecutiveIn consideration of the fulfillment of the payments and benefits described above, on his own behalf and on behalf some of his heirs, executors, administrators and legal representatives (collectivelywhich the Company is not required to make either by statute or contract, the “Executive Parties”) hereby irrevocably and unconditionally releases releases, remises and forever discharges the Company Company, its legal representatives, successors and its shareholdersassigns, past, present and future directors, officers, employees, officers trustees, shareholders and directors (collectively, the “Company Parties”) affiliates from and against any and all claims, cross-claims, third-party claims, counterclaims, contribution claims, debts, demands, actions, promises, judgments, trespasses, extents, executions, causes of action, rightssuits, judgmentsaccounts, obligationscovenants, sums of money, dues, reckonings, bonds, bills, liens, attachments, trustee process, specialties, contracts, controversies, agreements, promises, damages, demandsand all other claims of every kind and nature in law, accountings equity, arbitration, or liabilities other forum which the Executive now has or ever had up to and including the date of whatever kind or character (collectively, “Claims”)this Agreement, whether absolute or contingent, direct or indirect, known or unknown. Additionally, whether now existing the Executive hereby waives and releases the Company from any and all claims which he has, his successors or hereafter arising, that any Executive Party may have, assigns have or may have hadagainst the Company for, upon or by reason of any matter, cause or thing whatsoever, including, but not limited to (a) those that might arise in his capacity as a 10 10 shareholder of the Company (both individually and derivatively), or may hereafter have, and that are based (b) in whole any way related to his employment or in part on factstermination of his employment by the Company, whether or not now knownhe knows them to exist at the present time, existing prior to the Effective Dateincluding, regarding any matter whatsoever, including but not limited to any Claim based on to, rights under federal, state or local laws prohibiting age or other forms of discrimination, including Title VII of the Civil Rights Act of 1964, as amended; Section 1981 through 1988 of Title 42 of the United States Code; the Americans With Disabilities ActAge Discrimination in Employment Act of 1967, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Fair Labor Standards Act; , the Equal Pay Americans with Disabilities Act, as amended; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except National Labor Relations Act, as to claims pertaining to vested benefits under employee benefit plans maintained by amended; the Company)Immigration Reform Control Act, as amended; the Occupational Safety and Health Act, as amended; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or writtencommon law; and any alleged entitlement to costs, express fees or implied) and tort lawexpenses, including attorneys' fees, claims for compensation or benefits earned by his past service, claims involving willful misconduct, and claims arising after the date of this Agreement. Notwithstanding the foregoing, nothing herein shall be deemed to release, remise or discharge the Company from any claims arising out of, relating to or asserted (a) under this Agreement or the Consulting Agreement, (b) under any existing employee 11 11 benefit or benefit plan provided to the Executive (including, without limitation, stock options) or with respect to reimbursement of travel and other local, state, federal expenses previously incurred by the Executive or foreign law, regulation or ordinance having (c) with respect to any bearing whatsoever on the Executive’s employment relationship with, and service right of indemnification as an employeea director, officer or director of, employee of the Company, and whether arising under the termination Company's charter or by-laws, by operation of such relationship or servicelaw, or any other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements of the Executive that arises under or is preserved by this Agreementotherwise.

Release by the Executive. The In consideration of the payments and benefits set forth in the agreement by and between the Company and the Executive setting forth the terms of the Executive’s termination of employment with the Company, on his own behalf and on behalf dated as of [DATE] (the “Transition Agreement”), the Executive for himself, his heirs, administrators, representatives, executors, administrators successors and legal representatives assigns (collectively, the “Executive PartiesReleasors”) does hereby irrevocably and unconditionally releases release, acquit and forever discharges discharge the Company and each of its shareholderssubsidiaries, employeesdivisions, officers successors, assigns, trustees, officers, directors, partners, agents, parents, the former and directors current employees of each of the foregoing and their respective affiliates, including without limitation all persons acting by, through, under or in concert with any of them (collectively, the “Company PartiesReleasees”) ), and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, judgments, obligations, damages, demands, accountings or liabilities costs, losses, debts and expenses (including attorneys’ fees and costs) of whatever kind or character (collectivelyany nature whatsoever, “Claims”), whether known or unknown, whether now existing in law or hereafter arisingequity and whether arising under federal, that state or local law and in particular including any Executive Party may haveclaim for discrimination based upon race, may have hadcolor, or may hereafter haveethnicity, and that are based sex, national origin, religion, disability age (including without limitation under the New York State Human Rights Law, the Age Discrimination in whole or in part on factsEmployment Act of 1967 as amended by the Older Workers Benefit Protection Act (“ADEA”), whether or not now known, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to any Claim based on Title VII of the Civil Rights Act of 1964; 1964 as amended by the Americans With Disabilities Act; the Fair Labor Standards Act; Civil Rights Act of 1991, the Equal Pay Act; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company1962, and the termination Americans with Disabilities Act of such relationship or service, 1990) or any other matter whatsoeverunlawful criterion or circumstance, which Executive Releasors had, now have, or may have or claim to have in the future against each or any of the Company Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release; provided, however, that this nothing herein shall release the Company from its obligations arising under or referred to or described in the Transition Agreement or the Indemnification Agreement; and nothing herein shall not release interfere with Executive’s rights to vested benefits under any rights or entitlements tax-qualified pension plan of the Company, COBRA continuation coverage benefits or any other similar benefits required to be provided by statute. In addition, nothing in this Release is intended to interfere with the Executive’s right to file a charge with the Equal Employment Opportunity Commission in connection with any claim the Executive believes he may have against the Company Releasees. However, by executing this Release, the Executive hereby waives the right to recover in any proceeding that arises under the Executive may bring before the Equal Employment Opportunity Commission or any state human rights commission or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Executive’s behalf. In addition, this release is preserved not intended to interfere with the Executive’s right to challenge that his waiver of any and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, although the Executive, by signing below, specifically represents to the Company that he has entered into this AgreementRelease knowingly and voluntarily.

Release by the Executive. a) The ExecutiveExecutive for himself and his dependents, on his own behalf and on behalf of his successors, assigns, heirs, executors, executors and administrators (and his and their legal representatives (collectivelyof every kind), the “Executive Parties”) hereby irrevocably and unconditionally releases releases, dismisses, and forever discharges the Company and its shareholders, employees, officers and directors (collectively, the “Company Parties”) from any and all claimsarbitrations, actionsclaims (including claims for attorneys’ fees), causes of action, rights, judgments, obligationsdemands, damages, demandssuits, accountings or liabilities proceedings, actions and/or causes of whatever action of any kind or character (collectively, “Claims”)and every description, whether known or unknown, whether which the Executive now existing has or hereafter arising, that any Executive Party may have, may have hadhad for, upon, or may hereafter have, and by reason of any cause whatsoever (except that are based in whole or in part on facts, whether or this release shall not now known, existing prior apply to the Effective Dateobligations of the Company arising under this Agreement), regarding against the Company (“Claims”), including but not limited to: i) any matter whatsoeverand all Claims, directly or indirectly, arising out of or relating to: (a) the Executive’s employment with the Company; and (b) the Executive’s resignation as Senior Vice President, Chief Financial Officer and Treasurer; ii) any and all Claims of discrimination, including but not limited to claims of discrimination on the basis of sex, race, age, national origin, marital status, religion or disability, including, specifically, but without limiting the generality of the foregoing, any Claim based on claims under the Age Discrimination in Employment Act, as amended (the “ADEA”), Title VII of the Civil Rights Act of 1964; , as amended, the Americans With with Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; Act of 1990, the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety 1993 and Health Act; the Worker Adjustment Ohio Revised Code Chapter 4112; iii) any and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and Claims of wrongful or unjust discharge or breach of any common law, public policy, contract (whether oral or writtenpromise, express or implied; and iv) any and tort all Claims under or relating to any and all employee compensation, employee benefit, employee severance or employee incentive bonus plans and arrangements; provided that he shall remain entitled to the amounts and benefits specified in Paragraph 2 above. b) The Executive’s release excludes claims that cannot be waived by law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on including the Executive’s employment relationship with, and service as an employee, officer or director of, right to file a charge with the Company, and the termination of such relationship or service, or any other matter whatsoeverEqual Employment Opportunity Commission; provided, however, that the Executive specifically waives and releases the right to any monetary recovery or other relief from such a filing. c) The Executive understands and acknowledges that the Company does not admit any violation of law, liability or invasion of any of his rights and that any such violation, liability or invasion is expressly denied. The consideration provided under this Agreement shall not release any is made for the purpose of settling and extinguishing all Claims and rights (and every other similar or entitlements of dissimilar matter) that the Executive ever had or now may have or ever will have against the Company to the extent provided in this Paragraph 3. The Executive further agrees and acknowledges that arises under no representations, promises or is preserved inducements have been made by the Company other than as appear in this Agreement. d) The Executive further understands and acknowledges that: i) the release provided for in this Paragraph 3, including claims under the ADEA to and including the date of this Agreement, is in exchange for the additional consideration provided for in this Agreement, to which consideration he was not heretofore entitled; ii) he has been advised by the Company to consult with legal counsel prior to executing this Agreement and the release provided for in this Paragraph 3, has had an opportunity to consult with and to be advised by legal counsel of his choice, fully understands the terms of this Agreement, and enters into this Agreement freely, voluntarily and intending to be bound; iii) he has been given a period of twenty-one (21) days to review and consider the terms of this Agreement, and the release contained herein, prior to its execution and that he may use as much of the twenty-one (21) day period as he desires; and he may, within seven (7) days after execution, revoke this Agreement. Revocation shall be made by delivering a notice of revocation to the Senior Vice President, Human Resources and Administration of the Company no later than the close of business on the seventh (7th) day after the Executive executes this Agreement. If the Executive exercises his right to revoke this Agreement, all of the terms and conditions of the Agreement shall be of no force and effect and the Company shall have no obligation to satisfy the terms or make any payment to the Executive as set forth in Paragraph 2 of this Agreement. e) The Executive and the Company acknowledge that his resignation is by mutual agreement between the Company and the Executive, and that the Executive waives and releases any claim that he has or may have to reemployment by the Company. f) For purposes of the above provisions of this Paragraph 3, the “Company” shall include its predecessors, subsidiaries, divisions, related or affiliated companies, officers, directors, stockholders, members, employees, heirs, successors, assigns, representatives, agents and counsel.

Release by the Executive. (a) The Executive, on his own behalf Executive knowingly and on behalf of his heirs, executors, administrators and legal representatives (collectively, the “Executive Parties”) hereby irrevocably and unconditionally voluntarily releases and forever discharges the Company and its shareholdersthe Company's parents, employeessubsidiaries and affiliates, officers together with all of their respective past and directors present directors, managers, officers, partners, employees and attorneys, and each of their predecessors, successors and assigns, and any of the foregoing in their capacity as a shareholder or agent of the Company (collectively, the “Company Parties”"Releasees") from any and all claims, actionscharges, complaints, promises, agreements, controversies, liens, demands, causes of action, rights, judgments, obligations, damages, demands, accountings or damages and liabilities of whatever kind or character (collectivelyany nature whatsoever, “Claims”), whether known or unknown, whether suspected or unsuspected, which against them the Executive or his executors, administrators, successors or assigns ever had, now existing or hereafter arising, that any Executive Party may have, may have had, or may hereafter haveclaim to have against any of the Releasees by reason of any matter, cause or thing whatsoever arising on or before the Effective Date and that are based in whole or in part on facts, whether or not now knownpreviously asserted before any state or federal court or before any state or federal agency or governmental entity (the "Release"). The Release includes, existing prior without limitation, any rights or claims relating in any way to the Effective DateExecutive's employment relationship with the Company or any of the Releasees, regarding or the termination thereof, or arising under any matter whatsoeverstatute or regulation, including but not limited to any Claim based on the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1991, the Americans With with Disabilities Act; Act of 1990, the Fair Labor Standards Act; the Equal Pay Act; the Family and Medical Leave Act; the Executive Employee Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company1974, and the termination Family Medical Leave Act of such relationship or service1993, each as amended, or any other matter whatsoeverfederal, state or local law, regulation, ordinance or common law, or under any policy, agreement, understanding or promise, whether written or oral, formal or informal, between any of the Releasees and the Executive. (b) Nothing herein shall be deemed to release (i) any of the Executive's rights under this Agreement, (ii) any of the Executive's rights that have accrued prior to the date hereof under the Company's employee benefit plans; providedor (iii) any of the Executive's rights to indemnification under any indemnification agreement, however, applicable law and the certificates of incorporation and bylaws of the Company and/or any subsidiary or parent of the Company. (c) The Executive represents that the Company has advised him to consult with an attorney of his choosing prior to signing this Agreement. The Executive further represents that he understands and agrees that he has the right and has in fact reviewed this Agreement shall not release any rights or entitlements and, specifically, the Release, with an attorney of the Executive's choice. The Executive further represents that arises he understands and agrees that the Company is under or is preserved by no obligation to offer him this Agreement, and that the Executive is under no obligation to consent to the Release, and that he has entered into this Agreement freely and voluntarily. (d) The Executive shall have twenty-one (21) days to consider this Agreement and once he has signed this Agreement, the Executive shall have seven additional days from the date of execution to revoke his consent to the Release set forth above. Any such revocation shall be made by delivering written notification to the Board.

Release by the Executive. In consideration of the payments and benefits to be made under Sections 3.2(a) through (f) of the Separation Agreement (the “Agreement”) dated as of February 25, 2011 between The St. Xxx Company (the “Company”) and Wm. Xxxxxxx Xxxxxx (the “Executive”), on his own behalf with the intention of binding the Executive and on behalf of his the Executive’s heirs, executors, administrators and legal representatives assigns (collectively, the “Executive Parties”) ), the Executive does hereby irrevocably and unconditionally releases release, remise, acquit and forever discharges discharge the Company and each of its shareholderssubsidiaries (the “Company Affiliated Group”), employeestheir present and former officers, officers directors, executives, agents, attorneys, employees and directors employee benefits plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing, but specifically excluding Xxxxx X. Xxxxxxxxx, Xxxxxxx Xxxxxxxxx, Fairholme Capital Management, LLC, and Fairholme Funds, Inc. (collectively, the “Company Released Parties”) ), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, judgments, obligations, damages, demandsdebts, accountings or sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or character (collectivelynature in law, “Claims”)equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, whether suspected or unsuspected which the Executive, individually or as a member of a class, now existing has, owns or hereafter arisingholds, that or has at any Executive Party may have, may have time heretofore had, owned or may hereafter haveheld, against any of the Company Released Parties in any capacity, including, without limitation, any and all claims (i) arising out of or in any way connected with the Executive’s service to any member of the Company Affiliated Group (or the predecessors thereof) in any capacity, or the termination of such service in any such capacity, (ii) for severance or 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 that are based in whole or in part on facts(iv) for any violation of applicable state and local labor and employment laws (including, whether or not now knownwithout limitation, existing prior to the Effective Dateall laws concerning unlawful and unfair labor and employment practices), regarding any matter whatsoever, including but not limited to any Claim and all claims based on Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to “ERISA”), any and all claims pertaining to vested benefits arising under employee benefit plans maintained by the Companycivil rights laws of any federal, state or local jurisdiction, including, without limitation, Title VII of the Civil Rights Act of 1964 (“Title VII”); , the Occupational Safety Americans with Disabilities Act (“ADA”), Sections 503 and Health 504 of the Rehabilitation Act; , the Worker Adjustment Family and Retraining Notification Medical Leave Act; , the National Labor Relations Act; Age Discrimination in Employment Act (“ADEA”), the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; Florida Law Against Discrimination and any common law, public policy, contract and all claims under any whistleblower laws or whistleblower provisions of other laws excepting only: (whether oral or written, express or implieda) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company, and the termination of such relationship or service, or any other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements of the Executive that arises provided under or is preserved by this First Mutual Release and the Agreement.; (b) rights of the Executive relating to equity awards and shares held by the Executive as of the Termination Date (as defined in the 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 or the Agreement,

Release by the Executive. The In consideration of the payments specified in Paragraph 1 of the Agreement, the Executive, on his own behalf and on behalf of himself, his heirs, executors, administrators administrators, attorneys, representatives and legal representatives (collectivelyassigns, agrees to and does hereby release, acquit and forever discharge from liability, the “Executive Parties”) hereby irrevocably Company, its current and unconditionally releases and forever discharges the Company and its shareholdersformer officers, attorneys, directors, agents, employees, officers and directors the Company’s affiliates, parents and related companies (collectively, all collectively referred to as the “Company Released Parties”) from any and all claims, actionsobligations, actions and causes of action, rightstogether with any contracts, judgmentsagreements and promises, obligationsin law or in equity, damages, demands, accountings which the Executive has or liabilities of whatever kind or character (collectively, “Claims”), whether known or unknown, whether now existing or hereafter arising, that any Executive Party may have, may have had, which are known or may hereafter havesubsequently be discovered by him, and that are based in whole arising out of acts or in part on facts, whether or not now known, existing omissions by the Released Parties prior to the Effective Datedate of this Agreement. The Executive understands that these released claims include, regarding but are not limited to, any matter whatsoeverand all claims and causes of action related to, connected with or arising out of the Executive’s employment with the Company, and/or cessation of employment with the Company. The Executive understands that these released claims include, but are not limited to, any and all claims of discrimination or harassment on account of sex, race, age, sexual orientation, handicap or disability, veteran status, national origin, retaliation or religion, and claims or causes of action based upon any equal employment opportunity laws, or other employment laws, including but not limited to any Claim based on Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. §1981, as amended; the Age Discrimination in Employment Act, as amended; the Americans With with Disabilities Act, as amended; Executive Order 11246; the Uniformed Services Employment and Re-employment Act (“USERRA”); the Civil Rights Act of 1991; the Rehabilitation Act of 1973; the Fair Labor Standards Act; the Equal Pay Act; the Pregnancy Discrimination Act; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment Retraining and Retraining Notification Act; and any other applicable statue or local anti-discrimination, equal employment or other employment-related statutes and ordinances. The Executive understands that these released claims include, but are not limited to, any and all claims under any state or local law such as Article 49B of the National Maryland Code relating to discrimination and fair practices in employment, the Maryland Labor Relations and Employment Law Article, the Maryland Equal Pay Law, the Maryland Discrimination on the Basis of Medical Information Law, the Maryland Adoption Leave Law, the Virginia Human Rights Act; , the Immigration Reform Virginia Equal Pay Act, the Virginians with Disabilities Act, Xxxxxxxx xxxx relating to genetic testing and Control Act; all applicable amendments AIDS testing, the District of Columbia Human Rights Act of 1977 and the District of Columbia law relating to rights of the blind and physically disabled. The Executive understands that these released claims include, but are not limited to, claims from breach of any contract, agreement or promises made prior to the foregoing acts Effective Date; claims for wrongful termination of any type; breach of express or implied covenant of good faith and lawsfair dealing; promissory estoppel; equitable estoppel; detrimental reliance; quasi-contract; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; claims for fraud, libel, slander or invasion of privacy, including without limitation statements made concerning my employment or termination; and any sort of tort or other claims brought under common lawlaw in any form. The Executive understands that these released claims include, public policybut are not limited to, contract claims for violation of any Company policy or procedure; claims for bodily or personal injury, medical expense, mental anguish, psychological or emotional distress; claims for severance benefits (whether oral or writtenother than are provided herein), express or implied) and tort lawvacation pay, and bonuses; claims for costs and attorney’s fees; claims for stock options, executive compensation, deferred compensation, fringe benefits; claims relating to any consulting agreement; as well as any other local, state, federal claims or foreign law, regulation or ordinance having any bearing whatsoever on causes of action he might have against the Executive’s employment relationship with, and service as an employee, officer or director of, the Company, and the termination of such relationship or service, or any other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements of the Executive that arises under or is preserved by this AgreementReleased Parties.