Common use of Release by Xxxxxx Clause in Contracts

Release by Xxxxxx. (a) In exchange for the Settlement Payment described in Paragraph 1 and the release provided by ITG described in Paragraph 4, upon the Effective Date, Xxxxxx, for himself and on behalf of his spouse, domestic partner, children, present and former representatives, agents, advisers, attorneys, predecessors, successors, insurers, administrators, heirs, executors, assigns, trusts, trustees and beneficiaries, and all others acting or purporting to act on his behalf (collectively, the “Xxxxxx Releasing Parties”), hereby unconditionally and irrevocably waives, releases and forever discharges ITG and each of its current and former agents, advisers, representatives, predecessors, successors, assigns, parent companies, subsidiaries, affiliates, beneficiaries, executors, administrators, insurers, reinsurers, sureties, auditors, attorneys, officers, directors, stockholders, employees, and all others acting or purporting to act on their behalf, past and present (collectively, the “ITG Released Parties”), from any and all debts, demands, actions, causes of action, complaints, suits, accounts, covenants, contracts, agreements, damages, losses, judgments, executions, orders, fees, costs, and expenses, and any and all claims, demands and liabilities whatsoever of any kind, whether in law or in equity, known or unknown, suspected or unsuspected, whether sounding in tort, contract, under state or federal law or any other rule, regulation or authority, including without limitation, any claims arising out of or related to the Arbitration, which the Xxxxxx Releasing Parties have, or ever had, against the ITG Released Parties, from the beginning of time to the date of this Agreement, except for the matters set forth in Paragraph 5. Without limiting the generality of the foregoing, this waiver, release, and discharge includes, but is not limited to, any claim or right based upon or arising out of or relating in any way to Xxxxxx’x employment relationship or any other associations with ITG or any termination thereof, including, but not limited to, any claim for wrongful discharge or any claim or right arising under any federal, state or local fair employment practices or equal opportunity laws, including, but not limited to the following federal laws and, as applicable, the laws of the state and/or city in which Xxxxxx is or has been employed: the Age Discrimination in Employment Act (“ADEA”), the Rehabilitation Act of 1973, the Worker Adjustment and Retraining Notification Act, 42 U.S.C. Section 1981, Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act, the Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601, et seq.), the Employee Retirement Income Security Act (including, but not limited to, claims for breach of fiduciary duty), the Americans with Disabilities Act, the 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, or any other federal, state, or local constitutions, statutes, regulations, ordinances, or laws, including, but not limited to, any and all laws or regulations prohibiting employment discrimination, harassment or retaliation. Upon the Effective Date, any ITG Released Party may plead this Agreement as a complete defense and bar to any released claim brought in contravention hereof. (b) Xxxxxx acknowledges that he may later discover facts different from, or in addition to, those he now knows or believes to be true with respect to his employment, the separation from his employment (including the reasons for such separation), and/or the claims released in this Agreement, and agrees that the general release set forth in this Paragraph 3 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) Xxxxxx acknowledges and agrees, that, except as prohibited by law, he hereby waives any right that he may have to seek or to share in any relief, monetary or otherwise, relating to any claim released herein, whether such claim was initiated by him or not. To the extent Xxxxxx receives any such relief, ITG will be entitled to an offset for any payments made under this Agreement, except as prohibited by law.

Release by Xxxxxx. (a) In exchange for the Settlement Payment described in Paragraph 1 and the release provided by ITG described in Paragraph 4, upon the Effective Date, Xxxxxx, for himself in his individual capacity and on behalf of all of his spousepresent or former agents, domestic partner, children, present and former representatives, agentsemployees, advisersindependent contractors, attorneys, predecessors, successors, insurers, administrators, heirs, executorsparents, assigns, trusts, trustees and beneficiaries, and all others acting or purporting to act on his behalf affiliates (collectively, the “Xxxxxx Releasing Parties”), subject to the terms and conditions set forth herein, and timely payment of the Xxxxxx Redemption Payment and delivery of the Common Stock, hereby unconditionally and irrevocably waivesreleases, releases acquits and forever discharges ITG the Company, and each all of its current and present or former agents, advisers, representatives, predecessorsemployees, successorsindependent contractors, directors, shareholders, officers, attorneys, insurers, subsidiaries, divisions, parents, assigns, parent companies, subsidiaries, affiliates, beneficiaries, executors, administrators, insurers, reinsurers, sureties, auditors, attorneys, officers, directors, stockholders, employees, predecessors and all others acting or purporting to act on their behalf, past and present successors (collectively, the “ITG Company Released Parties”), ) from and against any and all debts, demandsobligations, losses, costs, promises, covenants, contracts, endorsements, bonds, controversies, suits, actions, causes of action, complaintsmisrepresentations, suitsdefamatory statements, accountstortuous conduct, covenantsacts or omissions, contractsrights, agreementsobligations, liabilities, judgments, damages, losses, judgments, executions, orders, fees, costs, and expenses, and any and all claims, demands and liabilities whatsoever of any kindcounterclaims, whether cross-claims, or demands, in law or in equity, asserted or unasserted, express or implied, foreseen or unforeseen, real or imaginary, alleged or actual, suspected or unsuspected, known or unknown, suspected liquidated or unsuspectednon-liquidated, whether sounding in tort, contract, under state of any kind or federal law nature or any other rule, regulation or authority, including without limitation, any claims arising out of or related description whatsoever with respect to the Arbitration, which the Xxxxxx Releasing Parties have, or ever had, against the ITG Company Released Parties, from the beginning of time to the date of this Agreement, except for the matters set forth in Paragraph 5. Without limiting the generality of the foregoing, this waiver, release, and discharge includes, but is not limited to, any claim or right based upon or arising out of or relating in any way to Xxxxxx’x employment relationship or any other associations with ITG or any termination thereof, including, but not limited to, any claim for wrongful discharge or any claim or right arising under any federal, state or local fair employment practices or equal opportunity laws, including, but not limited to the following federal laws and, as applicable, the laws Xxxxxx’x ownership of the state and/or city in Series A Shares arising at any time through the date of this Agreement which Xxxxxx is or has been employed: the Age Discrimination in Employment Act (“ADEA”), the Rehabilitation Act of 1973, the Worker Adjustment and Retraining Notification Act, 42 U.S.C. Section 1981, Title VII any of the Civil Rights Act of 1964Xxxxxx Releasing Parties presently has, the Pregnancy Discrimination Act, the Equal Pay Act, the Family and Medical Leave Act of 1993 (29 U.S.C. Section 2601, et seq.), the Employee Retirement Income Security Act (including, but not limited to, claims for breach of fiduciary duty), the Americans with Disabilities Act, the 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 Lawmay have, or any other federal, state, claim or local constitutions, statutes, regulations, ordinances, or laws, including, but not limited to, any and all laws or regulations prohibiting employment discrimination, harassment or retaliation. Upon the Effective Date, any ITG Released Party may plead this Agreement as a complete defense and bar assert to have with respect to any released claim brought in contravention hereof. (b) of the Company Released Parties. Xxxxxx acknowledges that he has been advised by his attorneys and are familiar with and understand the provisions of California Civil Code Section 1542 as well as all similar provisions of federal law and Nevada state law, if any, that may later provide any right or benefit that is similar in any material respect to California Civil Code Section 1542, as amended, which provides as follows: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” Xxxxxx hereby voluntarily and expressly waives and relinquishes each and every right or benefit which he may have under California Civil Code Section 1542 and all applicable provisions of U.S. federal, California and Nevada state law, if any, that may provide any right or benefit that is similar in any material respect to the rights and benefits afforded under California Civil Code Section 1542, to the full extent that he may lawfully waive such rights. Xxxxxx acknowledges that it may hereafter discover facts different from, or in addition to, to or different from those he now which it presently knows or believes to be true with respect to his employmentregarding any of the Released Parties, the separation from his employment (including the reasons for such separation), and/or the claims released in this Agreement, and but agrees that he has taken that possibility into account and that it is the general release set forth in this Paragraph 3 shall be intention of Xxxxxx to fully, finally and remain in effect in forever settle any and all respects as a complete disputes related to the Company and general release as the other Released Parties, including any and all obligation or dispute between him and the Company, now known or unknown, suspected or unsuspected related to all matters released, notwithstanding any such different or additional factsthe Releasing Party. (c) Xxxxxx acknowledges and agrees, that, except as prohibited by law, he hereby waives any right that he may have to seek or to share in any relief, monetary or otherwise, relating to any claim released herein, whether such claim was initiated by him or not. To the extent Xxxxxx receives any such relief, ITG will be entitled to an offset for any payments made under this Agreement, except as prohibited by law.

Release by Xxxxxx. (a) In exchange for the Settlement Payment described in Paragraph 1 and the release provided by ITG described in Paragraph 4, Effective upon the Effective Dateexecution of this Agreement, Xxxxxx, for himself together with its respective present, former and on behalf of his spousefuture directors, domestic partnerofficers, childrenpartners, present and former representativesassociates, employees, agents, advisersservants, accountants, auditors, insurers, reinsurers, appraisers, investment advisors, underwriters, attorneys, predecessorsbrokers, successorsparents, insurerssubsidiaries, administrators, heirs, executors, assigns, trusts, trustees and beneficiaries, and all others acting or purporting to act on his behalf (collectively, the “Xxxxxx Releasing Parties”), hereby unconditionally and irrevocably waives, releases and forever discharges ITG and each of its current and former agents, advisers, representativesaffiliates, predecessors, successors, assigns, parent companiesheirs, executors, personal representatives, estates and administrators, whether express or by operation of law (collectively, the “Lender Parties”), releases and forever discharges Obligor and its present, former and future directors, officers, partners, associates, employees, agents, servants, accountants, auditors, insurers, reinsurers, appraisers, investment advisors, underwriters, attorneys, brokers, parents, subsidiaries, affiliates, beneficiariespredecessors, successors, assigns, heirs, executors, personal representatives, estates and administrators, insurers, reinsurers, sureties, auditors, attorneys, officers, directors, stockholders, employees, and all others acting whether express or purporting to act on their behalf, past and present by implication or operation of law (collectively, the “ITG Released Obligor Parties”), and any entities and persons who acted or who may have been alleged to have acted on behalf of or in concert therewith, from any and all debtsclaims, demands, actions, causes of action, complaints, suits, accounts, covenants, contracts, agreements, damages, lossesdebts, judgmentsliabilities, executions, orders, feesobligations, costs, expenses (including but not limited to attorney’s fees and expensesexpenses pursuant to contract, state statutes, federal statutes, common law, equity, and any and all claims, demands and liabilities whatsoever relief which could be awarded on account of any kindsuch claims), sums of money, set offs, accountings, reckonings, arbitrations, actions and causes of action of every kind and nature whatsoever (each a “Claim” and collectively, the “Claims”), whether in at law or in equity, whether in tort or contract, whether under any federal, state, or local law, whether known or unknown, whether suspected or unsuspected, whether sounding in tortactual or contingent, contractand whether matured or unmatured, under state or federal law or any other rule, regulation or authority, including without limitation, any claims arising out irrespective of or related to the Arbitration, which the Xxxxxx Releasing Parties have, or ever had, against the ITG Released Partieslegal theory, from the beginning of time to the date of this Agreement, except for the matters set forth in Paragraph 5. Without limiting the generality of the foregoing, this waiver, release, and discharge includes, but is not limited to, any claim which arise from or right based upon or arising out of or relating in any way to Xxxxxx’x employment relationship or any other associations with ITG or any termination thereof, including, but not limited to, any claim for wrongful discharge or any claim or right arising under any federal, state or local fair employment practices or equal opportunity laws, including, but not limited relate to the following federal laws andLOC Agreement. Lender further agrees, as applicablefor itself and all Lender Parties, the laws of the state and/or city in which Xxxxxx is or has been employed: the Age Discrimination in Employment Act (“ADEA”), the Rehabilitation Act of 1973, the Worker Adjustment to indemnify and Retraining Notification Act, 42 U.S.C. Section 1981, Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination Act, the Equal Pay Act, the Family hold harmless each Obligor and Medical Leave Act of 1993 (29 U.S.C. Section 2601, et seq.), the Employee Retirement Income Security Act (including, but not limited to, claims for breach of fiduciary duty), the Americans with Disabilities Act, the 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, or any other federal, state, or local constitutions, statutes, regulations, ordinances, or laws, including, but not limited to, Obligor Parties from any and all laws damages, costs, fees or regulations prohibiting employment discriminationexpenses whatsoever, harassment or retaliation. Upon the Effective Date, any ITG Released Party may plead this Agreement as a complete defense and bar to any released claim brought in contravention hereof. (b) Xxxxxx acknowledges that he may later discover facts different from, or in addition to, those he now knows or believes including reasonable attorneys’ fees of legal counsel to be true selected and engaged by Obligor in its sole discretion, which are incurred by Obligor in connection with respect any Claim brought, asserted or threatened by any party and having anything to his employmentdo with the LOC Agreement, at any time after the separation from his employment (including the reasons for such separation), and/or the claims released in date on which Lender executes this Agreement, and agrees that the general release set forth in this Paragraph 3 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) Xxxxxx acknowledges and agrees, that, except as prohibited by law, he hereby waives any right that he may have to seek or to share in any relief, monetary or otherwise, relating to any claim released herein, whether such claim was initiated by him or not. To the extent Xxxxxx receives any such relief, ITG will be entitled to an offset for any payments made under this Agreement, except as prohibited by law.

Release by Xxxxxx. (a) In Excepting only the obligations undertaken by the Company in accordance with this Agreement, and in exchange for the Settlement Payment described in Paragraph 1 consideration provided to Xxxxxx under this Agreement, Xxxxxx hereby releases, acquits, relieves, and forever discharges the release provided by ITG described in Paragraph 4, upon the Effective Date, Xxxxxx, for himself Company and on behalf of his spouse, domestic partner, children, present and former representatives, agents, advisers, attorneys, predecessors, its successors, insurers, administrators, heirs, executors, assigns, trusts, trustees and beneficiaries, and all others acting or purporting to act on his behalf (collectively, the “Xxxxxx Releasing Parties”), hereby unconditionally and irrevocably waives, releases and forever discharges ITG and each of its current and former agents, advisers, representatives, predecessors, successors, assigns, parent companies, subsidiaries, affiliates, beneficiaries, executors, administrators, insurers, reinsurers, sureties, auditors, attorneysemployees, officers, directors, investors, stockholders, employeesagents, and all others acting representatives, attorneys, benefit plans, parent corporations, subsidiaries, divisions or purporting to act on their behalfaffiliated corporations or organizations, past and present whether previously or hereinafter affiliated in any manner (collectively, the “ITG "Released Parties”"), from any and all debtsclaims, rights, actions, complaints, demands, actions, causes of action, complaintswage claims, suitsobligations, accounts, covenantspromises, contracts, agreements, controversies, suits, debts, expenses, damages, losses, judgments, executions, orders, attorneys' fees, costs, and expenses, and any and all claims, demands and liabilities whatsoever of any kindnature whatsoever, whether in law matured or in equityunmatured, known fixed or unknown, suspected or unsuspected, whether sounding in tort, contract, under state or federal law or any other rule, regulation or authority, including without limitation, any claims arising out of or related to the Arbitrationcontingent, which the Xxxxxx Releasing Parties have, or ever had, against the ITG Released Partiesnow has, or may claim to have from the beginning of time to the date moment he signs this Agreement against the Released Parties (whether directly or indirectly), or any of this Agreementthem, except for the matters set forth in Paragraph 5. Without by reason of any act, event or omission concerning any matter, cause or thing, including, without limiting the generality of the foregoing, this waiver, release, and discharge includes, but is not limited to, any claim or right based upon claims related to or arising out of: (a) Xxxxxx' employment with the Company or the termination of or relating in that employment; (b) any way to Xxxxxx’x employment relationship or any other associations with ITG or any termination thereofcommon law torts, including, but not limited towithout limitation, any claim for wrongful discharge or any claim or right arising under infliction of emotional distress; (c) any federal, state or local fair employment practices governmental constitution, statute, regulation or equal opportunity lawsordinance, including, but not limited to the following federal laws and, as applicable, the laws of the state and/or city in which Xxxxxx is or has been employed: the Age Discrimination in Employment Act (“ADEA”), the Rehabilitation Act of 1973, the Worker Adjustment and Retraining Notification Act, 42 U.S.C. Section 1981without limitation, Title VII of the Civil Rights Act of 1964, the Pregnancy Discrimination California Fair Employment and Housing Act, and the Equal Pay Age Discrimination in Employment Act; (d) any agreement, express or implied, between Xxxxxx and any of the Family Released Parties, including the Employment Agreement and Medical Leave Act the Stock Option Agreements; (e) any impairment of 1993 his ability to compete in the open labor market; or (29 U.S.C. Section 2601f) any permanent or temporary disability or loss of future earnings as a result of injury or disability arising from or associated with his employment or termination of his employment relationship with the Company; provided, et seq.)however, the Employee Retirement Income Security Act (including, but that this Paragraph is not limited to, intended to release claims for breach indemnification in connection with his business activities as an officer and director of fiduciary duty), the Americans with Disabilities Act, Company during the 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, or any other federal, state, or local constitutions, statutes, regulations, ordinances, or laws, including, but not limited to, any and all laws or regulations prohibiting employment discrimination, harassment or retaliation. Upon the Effective Date, any ITG Released Party may plead this Agreement as a complete defense and bar to any released claim brought in contravention hereof. (b) Xxxxxx acknowledges that he may later discover facts different from, or in addition to, those he now knows or believes to be true with respect to his employment, the separation from term of his employment (including with the reasons for such separation)Company, and/or which are covered under the claims released in this AgreementIndemnification Agreement between the Company and Xxxxxx dated September 19, and agrees that the general release set forth in this Paragraph 3 shall be and remain in effect in all respects 1996, a copy of which is attached hereto as a complete and general release as to all matters released, notwithstanding any such different or additional factsExhibit "D". (c) Xxxxxx acknowledges and agrees, that, except as prohibited by law, he hereby waives any right that he may have to seek or to share in any relief, monetary or otherwise, relating to any claim released herein, whether such claim was initiated by him or not. To the extent Xxxxxx receives any such relief, ITG will be entitled to an offset for any payments made under this Agreement, except as prohibited by law.

Release by Xxxxxx. (a) In exchange Except as otherwise expressly provided in this Agreement and except for claims that bear no relationship whatsoever to any matter related to the Settlement Payment described Company, its subsidiaries, and its employees in Paragraph 1 and the release provided by ITG described in Paragraph 4, upon the Effective Datetheir capacity as such, Xxxxxx, for himself and on behalf of his spouse, domestic partner, children, present and former representatives, agents, advisers, attorneys, predecessors, successors, insurers, administrators, heirs, executors, administrators, assigns, trustsaffiliates, trustees associates, successors and beneficiaries, and all others acting or purporting to act on his behalf agents (collectively, the “Xxxxxx Releasing Parties”), hereby unconditionally fully and irrevocably waives, without limitation releases and forever discharges ITG the Company and each of its affiliates, direct or indirect subsidiaries, divisions or related entities and their respective current and former agents, advisers, representatives, predecessorsshareholders, successors, assigns, parent companies, subsidiaries, affiliates, beneficiaries, executors, administrators, insurers, reinsurers, sureties, auditors, attorneysowners, officers, directors, stockholders, employees, consultants, attorneys, auditors, accountants, investigators, affiliates, successors and all others acting or purporting to act on their behalf, past and present assigns (collectively, the “ITG Released Company Parties”), both individually and collectively, from any and all debtsrights, claims, demands, liabilities, actions, causes of action, complaints, suits, accounts, covenants, contracts, agreements, damages, losses, judgments, executions, orders, fees, costs, expenses and expensescompensation, and any and all claims, demands and liabilities whatsoever of any kind, whether in law or in equitywhatever nature whatsoever, known or unknown, suspected fixed or unsuspectedcontingent, whether sounding in tort, contract, under state or federal law which Xxxxxx or any other rule, regulation or authority, including without limitation, any claims arising out of or related to the Arbitration, which the Xxxxxx Releasing Parties havehas or may have or may claim to have against the Company Parties by reason of any matter, cause, or ever had, against the ITG Released Partiesthing whatsoever, from the beginning of time to the date of this AgreementEffective Date (“Claims”), except for the matters set forth in Paragraph 5. Without including, without limiting the generality of the foregoing, this waiverany Claims arising out of, releasebased upon, or relating to (i) the recruitment, hiring, employment, relocation, remuneration, investigation or termination of Xxxxxx by any of the Company Parties, (ii) Xxxxxx’x tenure as an employee and/or an officer of any of the Company Parties, (iii) any compensation arrangement between Xxxxxx and discharge includesany of the Company Parties, but is (iv) any act or occurrence in connection with any actual, existing, proposed, prospective or claimed ownership interest of any nature of Xxxxxx or the Xxxxxx Parties in equity capital or rights in equity capital or other securities of any of the Company Parties, or (v) the Prior Agreements (other than any provision thereof surviving termination pursuant to Section 9), to the maximum extent permitted by law. In furtherance and not limited tolimitation of the foregoing, Xxxxxx specifically and expressly releases any claim or right based upon or Claims arising out of or relating in any way to Xxxxxx’x employment relationship or any other associations with ITG or any termination thereof, including, but not limited to, any claim for wrongful discharge or any claim or right arising under any federal, state or local fair employment practices or equal opportunity laws, including, but not limited to based on: the following federal laws andCalifornia Fair Employment and Housing Act, as applicable, the laws of the state and/or city in which Xxxxxx is or has been employed: the Age Discrimination in Employment Act (“ADEA”), the Rehabilitation Act of 1973, the Worker Adjustment and Retraining Notification Act, 42 U.S.C. Section 1981, amended; Title VII of the Civil Rights Act of 1964, as amended; Age Discrimination In Employment Act of 1967, as amended (the Pregnancy Discrimination “ADEA”); 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, the Family and Medical Leave Act misrepresentation, negligence, defamation, infliction of 1993 (29 U.S.C. Section 2601emotional distress or other tort, et seq.), the Employee Retirement Income Security Act (including, but not limited to, claims for breach of fiduciary duty)contract or covenant, the Americans with Disabilities Act, the 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, violation of public policy or wrongful termination; state or federal wage and hour laws; or any other federalstate or federal law, state, rule or local constitutions, statutes, regulations, ordinances, regulation dealing with the employment relationship or laws, including, but operating a publicly held business. The foregoing release does not limited to, release any and all laws rights of Xxxxxx to indemnification from the Company pursuant to its Articles of Incorporation or regulations prohibiting employment discrimination, harassment or retaliation. Upon the Effective Date, any ITG Released Party may plead this Agreement as a complete defense and bar to any released claim Bylaws associated with actions brought in contravention hereof. (b) by third parties against Xxxxxx acknowledges that he may later discover facts different from, or in addition to, those he now knows or believes to be true with respect related to his employment, prior service as an employee of the separation from his employment (including the reasons for such separation), and/or the claims released in this AgreementCompany, and agrees that the general release set forth in this Paragraph 3 shall be Company does not waive, and remain in effect in expressly reserves, all respects as claims, rights, and arguments against a complete and general release as right of Xxxxxx, if any to all matters released, notwithstanding any such different or additional factsindemnity. (c) Xxxxxx acknowledges and agrees, that, except as prohibited by law, he hereby waives any right that he may have to seek or to share in any relief, monetary or otherwise, relating to any claim released herein, whether such claim was initiated by him or not. To the extent Xxxxxx receives any such relief, ITG will be entitled to an offset for any payments made under this Agreement, except as prohibited by law.