Common use of Release by You Clause in Contracts

Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967, as amended.

Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ ' fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“"Claims”") of any kind, which relate in any way to your employment with the Company or the termination of that employment, except for those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the Company, (iii) Company and your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims Claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any localallegations, stateclaims, or federal law or ordinanceviolations, including, without limitation, arising under: Title VII of or the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Equal Pay Act of 1963, as amended; the Family and Medical Leave Act of 1993; the Civil Rights Act of 1866, as amended; the Worker Adjustment Retraining and Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; any applicable Executive Order Programs; the Fair Labor Standards Act, as amended; or their state or local counterparts (including the Illinois Human Rights Act, as amended); or under any other federal, state or local civil or human rights law; or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract, or tort, or under common law; or arising under any policies, practices, or procedures of the Company; or arising out of any contract or agreement with the Company (other than under this Agreement); or any claim for wrongful discharge, breach of contract, infliction of emotional distress, or defamation; or any claim for costs, fees, or other expenses, including attorneys' fees incurred in these matters; PROVIDED that such released Claims specifically exclude any claims under the Age Discrimination in Employment Act of 1967, as amendedamended (including the Older Workers Benefit Protection Act).

Release by You. (a) You (Except as set forth in Section 8 below, in consideration of the payments and benefits described herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound, you, for yourself, your heirs, beneficiaries, assigns or executors) release and legal successors in interest, agree to fully and forever discharge release, discharge, indemnify and hold harmless each of the CompanyCompany Entities (including, any of without limitation, CommerceHub and its affiliatesdirect or indirect parents, subsidiaries, and its affiliates), and their the respective directors, officers, shareholders, controlling persons, employees, agents, shareholders attorneys, and employees from insurers, predecessors in interest, and successors in interest, and any affiliate of any of the foregoing (collectively, the “Company Released Persons”) of and from, and you hereby waive, any and all claims, suits, demands, actions and/or other causes of action, contractswhether for contribution or indemnification, debts or other sums of money, covenants, obligationscontracts, debtsagreements, costspromises, expensesdamages, attorneys’ feesjudgments, settlements, fines, penalties or any other demands, liabilities or obligations of whatever any kind or nature whatsoever, in law or at equity, by statute asserted or otherwise whether now unasserted, known or unknown, vested or contingentwhich you now have, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existedever had, or which do exist, through the date this letter agreement becomes effective and enforceable, ever claimed to have had (collectively “Claims”) against any of the Company Released Persons occurring up to and including the date that you sign this Agreement, including without limitation, any kindClaims arising out of, which relate connected with or in any way related to your employment with CommerceHub, your Employment Agreement and/or the Company or decision to terminate your employment (which you acknowledge has already been made at the termination of that employmenttime this Agreement is signed), except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) other than your right to any indemnification by enforce the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution terms of this Agreement). You acknowledge and agree that this release, (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Companydischarge, as determined under the applicable plans indemnification and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, includingwaiver includes, without limitation, any Claim based on any principles of tort or common law or on any foreign, local, state or federal statute, including those relating to age, sex, race, disability, religion, national origin, or other form of discrimination or any other employment related matter, including without limitation any Claims under the National Labor Relations Act; the Fair Labor Standards Act; the Occupational Safety and Health Act; the Employee Retirement Income Security Act of 1974; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Racketeer Influenced and Corrupt Organizations Act; the Age Discrimination in Employment Act of 19911967; the Vietnam Era Veterans’ Readjustment Assistance Act of 1972; the Older Workers Benefits Protection Act of 1989; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Family Medical Leave Act of 19671993; collection law; any other statutes or common law principles; the New York Human Rights Law, the New York Labor Law, the nondiscrimination and/or retaliation provisions of the New York Workers’ Compensation Law, and any other federal, state or local employment laws and regulations, and all common law claims of the State of New York, including, but not limited to, claims of express or implied contract, wrongful discharge, defamation, slander, intentional and negligent infliction of emotional distress, and all claims for attorneys’ fees, costs and expenses, and any other claims arising out of or related to your employment with CommerceHub, and the termination of that employment; provided, however, that this shall not affect your right to enforce the terms of this Agreement. You acknowledge that you intend that this Agreement shall be effective as a bar to each and every one of the Claims hereinabove mentioned or implied. You expressly consent that this Agreement shall be given full force and effect according to each and all of its express terms and provisions, including those relating to unknown, unsuspected or unanticipated Claims (notwithstanding any statute that expressly limits the effectiveness of a general release of unknown, unsuspected or unanticipated Claims), if any, as amendedwell as those relating to any other Claims hereinabove mentioned or implied that may exist up to and including the date of this Agreement. You acknowledge and agree that this release is an essential and material term of this Agreement, and CommerceHub is entering into this Agreement in reliance on such release. You further agree that if you bring a Claim seeking damages or relief against any Company Released Person, or if you seek to recover against any Company Released Person in any Claim brought by a governmental agency on your behalf, the release set forth in this Agreement shall serve as a complete defense to such Claims, and you shall reimburse each Company Released Person for any attorneys’ fees or expenses or other fees and expenses incurred in defending any such Claim. You further agree that you will not be entitled to and will disclaim and refuse relief from, or sought by, any administrative agency based upon or investigating any Claim or other matter released in this Agreement. Without in any way limiting the generality of the foregoing release of Claims, you agree that, other than the payment(s) in Sections 2 (Retention Benefits) and 4 (Vacation Pay) above, you are not entitled to any other compensation, remuneration, bonus, severance, benefit, compensation, payment or incentive (including any capital stock, stock option, stock appreciation right or any other equity-based incentive) or any bonus or reimbursement of any expenses of any kind or nature or expectation of remuneration from any Company Released Person, whether pursuant to any pre-existing or contemporaneous oral or written agreement or otherwise.

Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the each Company, any of its affiliatesAffiliates (as defined below), successor and assigns, and its and each of their respective directors, officers, members, agents, shareholders shareholders, employees attorneys and employees representatives (collectively, the “Company Entities”) from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, including, without limitation, those Claims which relate in any way to your employment with the any Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the any Company, (iii) your rights to accrued, unused vacation and sick leavePTO, (iv) your right to any indemnification by the any Company pursuant to its articles of incorporation and or organization, bylaws, operating agreement or limited liability company agreement, (v) your rights to coverage under the any Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company DJSP (to the extent you continue to own capital stock of the shares or membership interests in any Company following the execution of this Agreementletter agreement), and (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, DJSP as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 19671967 (“ADEA”), as amendedamended (which prohibits discrimination in employment based on age); Older Workers Benefit Protection Act of 1990 (“OWBPA”) (which also prohibits discrimination in employment based on age).

Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders agents and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ ' fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“"Claims”") of any kind, including those which relate in any way to your employment with the Company or the termination of that employment, except for those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the Company, Company (iiiincluding your rights under COBRA and your 401(k) plan) and your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims Claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any localallegations, stateclaims, or federal law or ordinanceviolations, including, without limitation, arising under: Title VII of or the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Equal Pay Act of 1963, as amended; the Family and Medical Leave Act of 1993; the Civil Rights Act of 1866, as amended; the Worker Adjustment Retraining and Notification Act, as amended; the Employee Retirement Income Security Act of 1974, as amended; any applicable Executive Order Programs; the Fair Labor Standards Act, as amended; or their state or local counterparts (including the Illinois Human Rights Act, as amended); or under any other federal, state or local civil or human rights law; or under any other local, state, or federal law, regulation or ordinance; or under any public policy, contract, or tort, or under common law; or arising under any policies, practices, or procedures of the Company; or arising out of any contract or agreement with the Company (other than under this Agreement); or any claim for wrongful discharge, breach of contract, infliction of emotional distress, or defamation; or any claim for costs, fees, or other expenses, including attorneys' fees incurred in these matters; PROVIDED that such released Claims specifically exclude any claims under the Age Discrimination in Employment Act of 1967, as amendedamended (including the Older Workers Benefit Protection Act).

Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Amended Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967, as amended.

Release by You. (a) You (for yourselfIn consideration of the benefits set forth herein, and other good and valuable consideration that you agree you would not be entitled to without executing this Agreement, you have no claim against the Company and you, on your own behalf and on behalf of your heirs, assigns or executors, assigns, representatives, agents, and attorneys (the “Xxxxxx Releasors”) hereby irrevocably generally release and forever discharge waive (give up) any and all complaints, grievances, claims, causes of action or the like that you had, now have or may have in the future against the Company, any of its affiliatesparent companies, subsidiaries, affiliates and affiliated funds, and its all of their respective past and their present officers, directors, officersprincipals, employees, representatives, agents, shareholders attorneys, successors and employees from any assigns, in their official and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through individual capacities (collectively the date this letter agreement becomes effective and enforceable, (“ClaimsCache Released Parties”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Companyincluding, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing languagebut not limited to, any and all claims matters relating to your employment and/or termination of employment discrimination under any local, state, or federal law or ordinancewith the Company, including, without limitationbut not limited to, any claims for employment discrimination on the basis of age, sex, race, religion, national origin, disability or any other protected class and any claims for wages, salary, bonuses or benefits of any kind or nature and any and all claims arising under any federal, state or local discrimination laws, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; 1866, the Americans with Disabilities Act of 1990; Act, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Equal Pay Act, the Family Medical Leave Act of 19671993, the Employee Retirement Income Security Act, the New York State Human Rights Law, the New York State Whistleblower Law, the New York State Labor Law, the New York State Worker Adjustment and Retraining Notification Act, the New York Civil Rights Law, the Administrative Code of the City of New York, the New York City Human Rights Law, all as amended, and you, on behalf of the Xxxxxx Releasors, further release and waive any other claim or cause of action recognized in law or in equity that you had or now have against the Cache Released Parties occurring from the beginning of time through the date you execute this Agreement. Nothing in this Agreement shall affect your rights under this Agreement or under any Company benefit plans in which you are vested. Notwithstanding the foregoing, this paragraph shall not extend to and will not release any claims that have arisen or arise from (i) the breach of this Agreement, or (ii) breaches of the representations and warranties contained in the Asset Purchase Agreement.

Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the each Company, any of its affiliatesAffiliates (as defined below), successor and assigns, and its and each of their respective directors, officers, members, agents, shareholders shareholders, employees attorneys and employees representatives (collectively, the “Company Entities”) from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, including, without limitation, those Claims which relate in any way to your employment with the any Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreementagreement, (ii) your rights under the employee benefit plans of the any Company, (iii) your rights to accrued, unused vacation and sick leavePTO, (iv) your right to any indemnification by the any Company pursuant to its articles of incorporation and or organization, bylaws, operating agreement or limited liability company agreement, (v) your rights to coverage under the any Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder or member of the any Company (to the extent you continue to own capital stock of the shares or membership interests in any Company following the execution of this Agreement), and (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the any Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 19671967 (“ADEA”), as amendedamended (which prohibits discrimination in employment based on age); Older Workers Benefit Protection Act of 1990 (“OWBPA”) (which also prohibits discrimination in employment based on age).

Release by You. (a) You (for yourself, your heirs, assigns or executors) release and forever discharge the Company, any of its affiliates, and its and their directors, officers, agents, shareholders and employees from any and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through the date this letter agreement becomes effective and enforceable, (“"Claims”") of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act of 1967, as amended.

Release by You. (a) i. You (for yourselfvoluntarily, your heirsirrevocably, assigns or executors) and unconditionally release and forever discharge the Company, any of its affiliates, Company and its former and their present owners, parents, shareholders, predecessors, successors, assigns, agents, directors, officers, agentsemployees, shareholders officers, subsidiaries, and employees affiliates, and all persons acting by, under, or in concert with any of them (collectively, “Company Releasees”) from any and all complaints, claims, suitsdemands, demandscontracts, liabilities, actions, causes of action, contractspromises, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities or rights of whatever kind any nature whether known or nature unknown and whether in law or equityin equity which you now own or hold or have at any time owned or held against Company Releasees arising out of or in any way connected with your employment relationship with or separation from employment and any other transactions, by statute occurrences, acts or otherwise whether now omissions or any loss, damage or injury whatsoever, known or unknown, vested resulting from any act or contingent, suspected omission by or unsuspected, and whether on the part of Company Releasees committed or not concealed omitted on or hidden, which have existed or may have existed, or which do exist, through prior to the date this letter agreement becomes effective and enforceable, (“Claims”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of sign this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Company, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way Without limiting the generality of the foregoing languageforegoing, any and this release includes all claims that are capable of employment discrimination release under any localfederal, state, or federal local law or ordinanceregulation dealing with the employment relationship, includingincluding but not limited to employment discrimination, without limitationharassment, and retaliation based on any protected category, whistleblower claims, and the payment of wages, salary, vacation, and bonuses, including but not limited to statutes such as federal and state discrimination laws, wage and hour laws, whistleblower laws, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; , the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Equal Pay Act, the Americans with Disabilities Act of 1990; Act, the Age Discrimination in Employment Act (“ADEA”), the Family and Medical Leave Act, the Employee Retirement Income Security Act (excluding COBRA), the Vietnam Era Veterans Readjustment Assistance Act, the Fair Credit Reporting Act, the Occupational Safety and Health Act, the Xxxxxxxx-Xxxxx Act of 19672002, state and federal False Claims Act, the Worker Adjustment and Retraining Act (WARN), the Massachusetts Fair Employment Practices Law, the Massachusetts Civil Rights Act, the Massachusetts Equal Rights Act, the Minimum Fair Wage Act, the Massachusetts Plant Closing Law, the Massachusetts Wage Act, the Massachusetts Equal Pay Act, the Massachusetts Parental Leave Act, the Massachusetts Sexual Harassment Statute, all as amended; any and all claims under Massachusetts law and/or the law of any other states and localities that apply to your employment with Company; as well as all claims for emotional distress or pain and suffering; and/or any other statutory or common law claims, now existing or hereinafter recognized, known or unknown, including, but not limited to, breach of contract, whether oral or written, express or implied; promissory estoppel; any tort, including, without limitation, assault, battery, libel, slander, defamation, misrepresentation, intentional interference with contract, fraud, wrongful discharge, or any claim for equity or other benefits; or any other statutory and/or common law claim.

Release by You. (a) You (for yourselfIn consideration of the benefits set forth herein, and other good and valuable consideration that you agree you would not be entitled to without executing this Agreement, you have no claim against the Company and, you, on your own behalf and on behalf of your heirs, assigns or executors) , assigns, representatives, agents and attorneys (the “Xxxxxx Releasors”), hereby irrevocably generally release and forever discharge waive (give up) any and all complaints, grievances, claims, causes of action or the like that you had, now have or may have in the future against the Company, any of its affiliatesparent companies, subsidiaries, affiliates and affiliated funds, and its all of their respective past and their present officers, directors, officersprincipals, employees, representatives, agents, shareholders attorneys, successors and employees from any assigns, in their official and all claims, suits, demands, causes of action, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or may have existed, or which do exist, through individual capacities (collectively the date this letter agreement becomes effective and enforceable, (“ClaimsCache Released Parties”) of any kind, which relate in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreement), (vii) your rights with respect to stock options or other similar equity-based incentives granted to you by the Companyincluding, as determined under the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing languagebut not limited to, any and all claims matters relating to your employment and/or termination of employment discrimination under any local, state, or federal law or ordinancewith the Company, including, without limitationbut not limited to, any claims for employment discrimination on the basis of age, sex, race, religion, national origin, disability or any other protected class and any claims for wages, salary, bonuses or benefits of any kind or nature and any and all claims arising under any federal, state or local discrimination laws, including, but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; 1866, the Americans with Disabilities Act of 1990; Act, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Equal Pay Act, the Family Medical Leave Act of 19671993, the Employee Retirement Income Security Act, the New York State Human Rights Law, the New York State Whistleblower Law, the New York State Labor Law, the New York State Worker Adjustment and Retraining Notification Act, the New York Civil Rights Law, the Administrative Code of the City of New York, the New York City Human Rights Law, all as amended, and you, on behalf of the Xxxxxx Releasors, further release and waive any other claim or cause of action recognized in law or in equity that you had or now have against the Cache Released Parties occurring from the beginning of time through the date you execute this Agreement. Nothing in this Agreement shall affect your rights under this Agreement or under any Company benefit plans in which you are vested. Notwithstanding the foregoing, this paragraph shall not extend to and will not release any claims that have arisen or arise from (i) the breach of this Agreement, or (ii) breaches of the representations and warranties contained in the Asset Purchase Agreement.

Release by You. (a) You (for yourselfIn consideration of the fulfillment of the payments and benefits described above, your heirsyou release, assigns or executors) release remise and forever discharge the Company, any of its affiliates, Company from and its and their directors, officers, agents, shareholders and employees from against any and all claims, suitscross-claims, third-party claims, counterclaims, contribution claims, debts, demands, actions, promises, judgments, trespasses, extents, executions, causes of action, contractssuits, accounts, covenants, obligationssums of money, debtsdues, costsreckonings, expensesbonds, attorneys’ feesbills, liabilities liens, attachments, trustee process, specialties, contracts, controversies, agreements, promises, damages, and all other claims of whatever every kind or and nature in law or law, equity, by statute arbitration, or otherwise other forum which you now have or ever had up to and including the date hereof, whether now absolute or contingent, direct or indirect, known or unknown. Additionally, vested you hereby waive and release the Company from any and all claims which you have, your successors or contingent, suspected or unsuspected, and whether or not concealed or hidden, which assigns have existed or may have existedagainst the Company for, upon or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) by reason of any kindmatter, which relate cause or thing whatsoever, including, but not limited to (a) those that might arise in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights capacity as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreementboth individually and derivatively), or (viib) in any way related to your rights with respect to stock options employment or other similar equity-based incentives granted to you termination of your employment by the Company, as determined under whether or not you know them to exist at the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinancepresent time, including, without limitationbut not limited 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 Civil Rights Act of 1991; the Americans with Disabilities Act of 1990United States Code; the Age Discrimination in Employment Act of 1967, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Fair Labor Standards Act, the Americans with Disabilities Act, as amended; the Family and Medical Leave Act; the National Labor Relations Act, as amended; the Immigration Reform Control Act, as amended; the Occupational Safety and Health Act, as amended; any public policy, contract or common law; and any alleged entitlement to costs, fees or expenses, including attorneys' fees, claims for compensation or benefits earned by your 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 (x) under this Agreement, (y) with respect to any right of indemnification as a director, officer or employee of the Company, whether arising under the Company's charter or by-laws, by operation of law, or otherwise or (z) with respect to your capacity as a shareholder of the Company as described in (a) above, to the extent your claim is brought as a member (but not as a class representative) of a class in a class action suit in which you take no active part and is based solely upon actions (or alleged actions) of the Company, its employees or directors occurring after February 6, 1998. For purposes solely of this Section 9, the term "Company" shall be deemed to include the Company's subsidiaries and affiliates and the respective legal representatives, successors and assigns, past, present and future directors, officers, employees, trustees and shareholders of the Company and the Company's subsidiaries and affiliates.

Release by You. (a) You (for yourselfIn consideration of the fulfillment of the payments and benefits described above, your heirsyou release, assigns or executors) release remise and forever discharge the Company, any of its affiliates, Company from and its and their directors, officers, agents, shareholders and employees from against any and all claims, suitscross-claims, third-party claims, counterclaims, contribution claims, debts, demands, actions, promises, judgments, trespasses, executions, causes of action, contractssuits, accounts, covenants, obligationssums of money, debtsdues, costsreckonings, expensesbonds, attorneys’ feesbills, liabilities liens, attachments, trustee process, specialties, contracts, controversies, agreements, promises, damages, and all other claims of whatever every kind or and nature in law or law, equity, by statute arbitration, or otherwise other forum which you now have or ever had up to and including the date hereof, whether now absolute or contingent, direct or indirect, known or unknown. Additionally, vested you hereby waive and release the Company from any and all claims which you have, your successors or contingent, suspected or unsuspected, and whether or not concealed or hidden, which assigns have existed or may have existedagainst the Company for, upon or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) by reason of any kindmatter, which relate cause or thing whatsoever, including, but not limited to (a) those that might arise in any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights capacity as a shareholder of the Company (to the extent you continue to own capital stock of the Company following the execution of this Agreementboth individually and derivatively), or (viib) in any way related to your rights with respect to stock options employment or other similar equity-based incentives granted to you termination of your employment by the Company, as determined under whether or not you know them to exist at the applicable plans and award agreements (to the extent such rights survive a termination of employment). Such released claims include, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinancepresent time, including, without limitationbut not limited 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 Civil Rights Act of 1991; the Americans with Disabilities Act of 1990United States Code; the Age Discrimination in Employment Act of 1967, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Fair Labor Standards Act, the Americans with Disabilities Act, as amended; the Family and Medical Leave Act; the National Labor Relations Act, as amended; the Immigration Reform Control Act, as amended; the Occupational Safety and Health Act, as amended; any public policy, contract or common law; and any alleged entitlement to costs, fees or expenses, including attorneys' fees, claims for compensation or benefits earned by your 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 (x) under this Agreement or (y) with respect to any right of indemnification as a director, officer or employee of the Company, whether arising under the Company's charter or by-laws, by operation of law, or otherwise. For purposes solely of this Section 6, the term "Company" shall be deemed to include the Company's subsidiaries and affiliates and the respective legal representatives, successors and assigns, past, present and future directors, officers, employees, trustees and shareholders of the Company and the Company's subsidiaries and affiliates.

Release by You. (a) You (In consideration of Ambient’s execution of this Agreement and of the payments and benefits provided for yourselfabove, which you acknowledge is adequate consideration, on behalf of yourself and your representatives, heirs, assigns or executors) release , administrators, agents, successors and assigns, you hereby irrevocably and unconditionally waive, release, and forever discharge the Companyand covenant not to xxx Ambient its respective past and present parents, any of its subsidiaries, affiliates, and its divisions, and each of their respective past and present officers, directors, officersmembers, managers, partners, stockholders, agents, shareholders employees, representatives, predecessors, successors and employees assigns, in each of their individual, corporate, and other capacities (collectively with Ambient, the “Releasees”), from any and all claims, suits, demands, liabilities and causes of actionaction of any kind which you ever had, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind now have or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or hereafter may have existed, against Ambient or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) any Releasee by reason of any kindmatter, which relate in cause or thing whatsoever occurring on or at any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (time prior to the extent you continue to own capital stock of the Company following the full execution of this Agreement), (vii) your rights with respect to stock options whether known or other similar equity-based incentives granted unknown to you by the Companyand including, but not limited to, all claims arising out of any matters or things relating to any services you provided to any Releasee, based upon any contract, whether express or implied, oral or written, tort or public policy, claim for costs, fees or expenses, or any allegation of illegal employment practices, defamation or breach of any federal, state or local fair employment practice, equal opportunity law or wage and hour law, as determined under the applicable plans and award agreements (amended, including but not limited to the extent such rights survive a termination Age Discrimination of employment). Such released claims includeEmployment Act of 1967, without in any way limiting the generality of the foregoing language, any and all claims of employment discrimination under any local, state, or federal law or ordinance, including, without limitation, National Labor Relations Act; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the United States Code; the Civil Rights Employee Retirement Income Security Act of 19911974; the Immigration Reform and Control Act; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Family and Medical Leave Act of 19671993; the Fair Labor Standards Act; the Occupational Safety and Health Act; the Fair Credit Reporting Act; and the Consolidated Omnibus Budget Reconciliation Act. Notwithstanding the foregoing, your release of the Company does not include and will not preclude: (a) non-termination related claims under the Massachusetts Workers Compensation Act (M.G.L. c. 152) or any disability insurance policy/plan; (b) rights to vested benefits under any applicable retirement and/or pension plans; (c) non-termination related claims under the Employee Retirement Income Security Act (29 U.S.C. § 1001 et seq.); (d) rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”); (e) claims for unemployment compensation; (f) any rights you may have to obtain contribution as amendedpermitted by law in the event of entry of judgment against the Company as a result of any act or failure to act for which you and the Company are held jointly liable; and/or (i) any rights you may have pursuant to the Company’s insurance coverage for directors and officers. You covenant and agree that you will not assert any claim or initiate any legal or other action against any Releasee with respect to any matter covered by the foregoing release. You acknowledge and agree that if you or any of your representatives, heirs, executors or administrators should hereafter make against any Releasee any claim or demand or commence or threaten to commence any action, claim or proceeding otherwise prohibited by this Agreement, this Section may be raised as a complete bar to any such action, claim or proceeding. Unless prohibited by law, the applicable Releasee may recover from you all costs incurred in connection with such action, claim or proceeding, including attorneys’ fees if it is determined that any such action, claim or proceedings is prohibited by this Agreement. Nothing herein is intended to prevent you from enforcing this Agreement. You acknowledge that certain states provide that a general release of claims does not extend to claims which the person executing the release does not know or suspect to exist in his/her favor at the time of executing the release which, if known, may have materially affected his/her entering into this Agreement. Being aware that such statutory protection may be available to you, you expressly, voluntarily and knowingly waive any arguable benefit or protection from any such statute in executing this Agreement, known or unknown.

Release by You. (a) You (In consideration of Ambient’s execution of this Agreement and of the payments and benefits provided for yourselfabove, which you acknowledge is adequate consideration, on behalf of yourself and your representatives, heirs, assigns or executors) release , administrators, agents, successors and assigns, you hereby irrevocably and unconditionally waive, release, and forever discharge the Companyand covenant not to xxx Ambient its respective past and present parents, any of its subsidiaries, affiliates, and its divisions, and each of their respective past and present officers, directors, officersmembers, managers, partners, stockholders, agents, shareholders employees, representatives, predecessors, successors and employees assigns, in each of their individual, corporate, and other capacities (collectively with Ambient, the “Releasees”), from any and all claims, suits, demands, liabilities and causes of actionaction of any kind which you ever had, contracts, covenants, obligations, debts, costs, expenses, attorneys’ fees, liabilities of whatever kind now have or nature in law or equity, by statute or otherwise whether now known or unknown, vested or contingent, suspected or unsuspected, and whether or not concealed or hidden, which have existed or hereafter may have existed, against Ambient or which do exist, through the date this letter agreement becomes effective and enforceable, (“Claims”) any Releasee by reason of any kindmatter, which relate in cause or thing whatsoever occurring on or at any way to your employment with the Company or the termination of that employment, except those arising out of (i) the performance of this letter agreement or the Employment Agreement, (ii) your rights under the employee benefit plans of the Company, (iii) your rights to accrued, unused vacation and sick leave, (iv) your right to any indemnification by the Company pursuant to its articles of incorporation and bylaws, (v) your rights to coverage under the Company’s directors’ and officers’ insurance policy, (vi) your rights as a shareholder of the Company (time prior to the extent you continue to own capital stock of the Company following the full execution of this Agreement), (vii) your rights with respect to stock options whether known or other similar equity-based incentives granted unknown to you by and including, but not limited to, all claims arising out of any matters or things relating to any services you provided to any Releasee, based upon any contract, whether express or implied, oral or written, tort or public policy, claim for costs, fees or expenses, including but not limited to, your employment contract with the Company, or any allegation of illegal employment practices, defamation or breach of any federal, state or local fair employment practice, equal opportunity law or wage and hour law, as determined amended, including but not limited to the Age Discrimination of Employment Act of 1967; National Labor Relations Act; Title VII of the Civil Rights Act of 1964; Sections 1981 through 1988 of Title 42 of the United States Code; the Employee Retirement Income Security Act of 1974; the Immigration Reform and Control Act; the Americans with Disabilities Act of 1990; the Family and Medical Leave Act of 1993; the Fair Labor Standards Act; the Occupational Safety and Health Act; the Fair Credit Reporting Act; the Consolidated Omnibus Budget Reconciliation Act; and The Sarbanes Oxley Act. Notwithstanding the foregoing, your release of the Company does not include and will not preclude: (a) non-termination related claims under the Massachusetts Workers Compensation Act (M.G.L. c. 152) or any disability insurance policy/plan; (b) rights to vested benefits under any applicable plans retirement and/or pension plans; (c) non-termination related claims under the Employee Retirement Income Security Act (29 U.S.C. § 1001 et seq.); (d) rights under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”); (e) claims for unemployment compensation; (f) any rights you may have to obtain contribution as permitted by law in the event of entry of judgment against the Company as a result of any act or failure to act for which you and award agreements the Company are held jointly liable; (g) any rights you may have pursuant to the extent such Company’s insurance coverage for directors and officers; (h) any rights survive to you may have for indemnification and/or defense pursuant to the Company’s By-Laws, insurance policies, and/or applicable law; and/or (i) you from filing a termination charge with the Equal Employment Opportunity Commission concerning claims of employment). Such released claims includediscrimination, without although you specifically waive your right to recover any damages or other relief in any way limiting claim or suit brought by or through the generality of the foregoing language, Equal Employment Opportunity Commission or any and all claims of employment discrimination other state or local agency on your behalf under any local, state, or federal law or ordinance, including, without limitation, Title VII of the Civil Rights Act of 1964, as amended; , the Civil Rights Act of 1991; the Americans American with Disabilities Act of 1990; Act, the Age Discrimination in Employment Act Act, the Connecticut Fair Employment Practices Act, or any other federal or state discrimination law, except where prohibited by law. You covenant and agree that you will not assert any claim or initiate any legal or other action against any Releasee with respect to any matter covered by the foregoing release. You acknowledge and agree that if you or any of 1967your representatives, heirs, executors or administrators should hereafter make against any Releasee any claim or demand or commence or threaten to commence any action, claim or proceeding otherwise prohibited by this Agreement, this Section may be raised as amendeda complete bar to any such action, claim or proceeding. Unless prohibited by law, the applicable Releasee may recover from you all costs incurred in connection with such action, claim or proceeding, including attorneys’ fees if it is determined that any such action, claim or proceedings is prohibited by this Agreement. Nothing herein is intended to prevent you from enforcing this Agreement. You acknowledge that certain states provide that a general release of claims does not extend to claims which the person executing the release does not know or suspect to exist in his/her favor at the time of executing the release which, if known, may have materially affected his/her entering into this Agreement. Being aware that such statutory protection may be available to you, you expressly, voluntarily and knowingly waive any arguable benefit or protection from any such statute in executing this Agreement, known or unknown.