Common use of Release of All Claims Clause in Contracts

Release of All Claims. Except as set forth in Section 2 below, the Executive, and anyone claiming through the Executive or on the Executive’s behalf, hereby waive and release the Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive signs this Release. Without limiting the generality of the foregoing, the claims waived and released by the Executive hereunder include, but are not limited to: (a) all claims arising out of or related in any way to the Executive’s employment, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims arising under the Employment Agreement; (b) all claims that were or could have been asserted by the Executive or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) all claims that were or could have been asserted by the Executive or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”), as amended; and (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Retirement Income Security Act, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Rights Act, New Jersey Family Leave Act, and the Virginia Labor and Employment code, Title 40.1.

Release of All Claims. Except as set forth in Section 2 below, the ExecutiveThe Employee, and anyone claiming through the Executive Employee or on the ExecutiveEmployee’s behalf, hereby waive and release the Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive Employee now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive Employee signs this ReleaseAgreement. Without limiting the generality of the foregoing, the claims waived and released by the Executive Employee hereunder include, but are not limited to: (a) all claims arising out of or related in any way to the ExecutiveEmployee’s employment, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims arising under the Employment Agreement; (b) all claims that were or could have been asserted by the Executive Employee or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) all claims that were or could have been asserted by the Executive Employee or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”)Act, as amended; and (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Equal Pay Act, the Employee Retirement Income Security Act, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, and the Fair Credit Reporting Act. Notwithstanding Section 6 above, nothing in this Agreement shall waive or release: (a) any claim that cannot be waived or released by law; (b) any claim to enforce this Agreement; (c) any claim for any vested benefits to which the New Jersey Law Against DiscriminationEmployee is otherwise entitled pursuant to the terms and conditions of any applicable benefit plans; (d) any claim for workers’ compensation or unemployment insurance benefits; or (e) any claim, New Jersey Conscientious Employee Protection Actif any, New Jersey Civil Rights Actto indemnification under any applicable law, New Jersey Family Leave Actany Company by-laws, or any director and the Virginia Labor officer insurance, it being understood and Employment code, Title 40.1agreed that this Agreement does not create or expand upon any such rights (if any) to indemnification.

Release of All Claims. Except as set forth in Section 2 below, the Executive, and anyone claiming through the Executive or on the Executive’s behalf, hereby waive and release the Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive signs this ReleaseAgreement. Without limiting the generality of the foregoing, the claims waived and released by the Executive hereunder include, but are not limited to: (a) all claims arising out of or related in any way to the Executive’s employment, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims arising under the Employment Agreement; (b) all claims that were or could have been asserted by the Executive or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) all claims that were or could have been asserted by the Executive or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”), as amended; and (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Retirement Income Security Act, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Rights Act, New Jersey Family Leave Act, and the Virginia Labor and Wisconsin Fair Employment code, Title 40.1Law.

Release of All Claims. Except as set forth in Section 2 below, the Executive, and anyone claiming through the Executive or on the Executive’s behalf, hereby waive waives and release the releases Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive signs this ReleaseAgreement. Without limiting the generality of the foregoing, the claims waived and released by the Executive hereunder include, but are not limited to: (a) i. all claims arising out of or related in any way to the Executive’s employmentemployment or service as a director, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims arising under the Employment Agreement; (b) ii. all claims that were or could have been asserted by the Executive or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) iii. all claims that were or could have been asserted by the Executive or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”), as amended; and (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Equal Pay Act, the Employee Retirement Income Security Act, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Illinois Human Rights Act, New Jersey Family Leave the Illinois Equal Pay Act, and the Virginia Labor Chicago and Employment codeCook County Human Rights Ordinances. Notwithstanding the foregoing, Title 40.1nothing in this Agreement shall waive or release: (v) any claim that cannot be waived or released by law; (w) any claim to enforce this Agreement; (x) any claim for any vested benefits to which Executive is otherwise entitled pursuant to the terms and conditions of any of applicable benefit plans; (y) any claim for workers’ compensation or unemployment insurance benefits; or (z) any claim, if any, to indemnification under any applicable law, any Company by-laws, or any director and officer insurance, it being understood and agreed that this Agreement does not create or expand upon any such rights (if any) to indemnification.

Release of All Claims. Except as set forth in Section 2 below, the Executive, and anyone claiming through the Executive or on the Executive’s behalf, hereby waive waives and release the releases Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive signs this ReleaseAgreement. Without limiting the generality of the foregoing, the claims waived and released by the Executive hereunder include, but are not limited to: (a) i. all claims arising out of or related in any way to the Executive’s employmentemployment or service as a director, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims arising under the Employment Agreement; (b) ii. all claims that were or could have been asserted by the Executive or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) iii. all claims that were or could have been asserted by the Executive or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”), as amended; and (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Equal Pay Act, the Employee Retirement Income Security Act, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Illinois Human Rights Act, New Jersey Family Leave the Illinois Equal Pay Act, and the Virginia Labor Chicago, Cook County Human Rights Ordinances, the Georgia Equal Pay Act, Georgia Prohibition of Age Discrimination in Employment Act, and the Georgia Equal Employment codefor Persons with Disabilities Code. Notwithstanding the foregoing, Title 40.1nothing in this Agreement shall waive or release: (u) any claim that cannot be waived or released by law; (v) any claim to enforce this Agreement; (w) any claim for any vested benefits to which Executive is otherwise entitled pursuant to the terms and conditions of any of applicable benefit plans; (x) any claim for workers’ compensation or unemployment insurance benefits; (y) any claim relating to any Company equity awards held by Executive, which will continue to be eligible to vest pursuant to the terms of the Consulting Agreement and the applicable award agreements; or (z) any claim, if any, to indemnification under any applicable law, any Company by-laws, or any director and officer insurance, it being understood and agreed that this Agreement does not create or expand upon any such rights (if any) to indemnification.

Release of All Claims. Except as set forth in Section 2 below, the Executive, and anyone claiming through the Executive or on the Executive’s behalf, hereby waive waives and release releases the Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive signs this ReleaseTransition Agreement. Without limiting the generality of the foregoing, the claims waived and released by the Executive hereunder include, but are not limited to: (a) all claims arising out of or related in any way to the Executive’s employment, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims to date arising under the Employment Agreement; (b) all claims that were or could have been asserted by the Executive or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) all claims that were or could have been asserted by the Executive or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”)Act, as amended; and or (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Equal Pay Act, the Employee Retirement Income Security Act, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Missouri Human Rights Act, New Jersey Family Leave Actchapter 213 R.S. Mo. Nothing in this Transition Agreement shall waive or release: (a) any claim that cannot be waived or released by law; provided, however, that Executive is waiving his right to receive any monetary or other recovery should any agency pursue such claim on his behalf; (b) any claim to enforce this Transition Agreement; (c) any claim for any vested benefits to which Executive is otherwise entitled pursuant to the terms and conditions of any of applicable benefit plans; (d) any claim for workers’ compensation or unemployment insurance benefits; or (e) any claim, if any, to indemnification under any applicable law, any Company by-laws, or any director and officer insurance, it being understood and agreed that this Transition Agreement does not create or expand upon any such rights (if any) to indemnification. To the fullest extent permitted by law, Executive further promises never to file, prosecute or pursue any lawsuit based on a claim purportedly released by this Transition Agreement, or (absent court order) to assist others in filing or prosecuting similar claims against the Company or any Released Party. Executive understands and agrees that nothing in this Transition Agreement precludes him from filing a charge of discrimination under applicable federal or state law, although he has personally released such claims with regard to matters and facts occurring prior to this date. Executive specifically acknowledges and agrees that he is not entitled to severance or any other benefits under the Special One-Time Severance Plan or other severance plan or contract, or to any payments following termination of his employment under or by reason of the Employment Agreement, and that payments and benefits described in this Transition Agreement are in lieu of any severance or other benefits to which Executive may be entitled under such plan or any other policy, program, plan or agreement and satisfy and are in lieu of any payments to which Executive may be entitled under the Virginia Labor Employment Agreement or any other such plan, policy, program or arrangement, and Employment codeExecutive specifically waives any rights he may have under that plan and any such agreement, Title 40.1if any.

Release of All Claims. Except as set forth in Section 2 below, the Executive, and anyone claiming through the Executive or on the Executive’s behalf, hereby waive and release the Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive signs this Release. Without limiting the generality of the foregoing, the claims waived and released by the Executive hereunder include, but are not limited to: (a) all claims arising out of or related in any way to the Executive’s employment, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims arising under the Employment Agreement; (b) all claims that were or could have been asserted by the Executive or on his or her the Executive’s behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) all claims that were or could have been asserted by the Executive or on his or her the Executive’s behalf under: (i) the Age Discrimination in Employment Act (“ADEA”), as amended; and (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Retirement Income Security Act, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Rights Act, New Jersey Family Leave Act, and the Virginia Labor and Employment code, Title 40.1.

Release of All Claims. Except as set forth in Section 2 belowIn consideration of receiving the severance benefits described above, the ExecutiveEmployee, for Employee’s self, heirs, spouse, executors, administrators, successors, and anyone claiming through the Executive or on the Executive’s behalfassigns, hereby waive knowingly and release the Company voluntarily releases Employer, its subsidiaries, affiliates, parents, predecessors and the successors, and all officers, directors, agents and employees, and all persons, corporations, or other Released Parties (defined in Section 3, below) entities who might be claimed to be jointly or severally liable with respect to it from any and all charges, complaints, grievances, causes of action, claims, and liabilities of any kind or nature whatsoever, whether currently actual or potential, known or unknown, suspected or unsuspected (“claims”), which Employee or anyone claiming by, through or under Employee may have or claim to have, and specifically but not exclusively, all claims regarding offenses that the Executive now has or has ever had against the Company or any have occurred as of the other Released Parties arising from or related to date of this Agreement, including, without limitation, any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive signs this Release. Without limiting the generality of the foregoing, the claims waived and released by the Executive hereunder include, but are not limited to: (a) all claims arising out of or related in any way relating to the ExecutiveEmployee’s employment, compensation, other terms and conditions of employment, employment or termination from employment with Employer. Employee expressly agrees that among the Company, including without limitation all various rights and claims for any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims being waived in this Agreement are those arising under the Employment Agreement; (b) all claims that were or could have been asserted by United States and state constitutions, the Executive or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) all claims that were or could have been asserted by the Executive or on his or her behalf under: (i) applicable jurisdiction, the Age Discrimination in Employment Act (“ADEA”)of 1967, as amended; and (ii) any other federalthe Employee Retirement Income Security Act, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 & 1981athe Civil Rights Act of 1991, the Americans with Disabilities Act, the Executive Retirement Income Security Act, the Family and Medical Leave Act, and any and all corresponding state laws that might apply, including, but not limited to any and all federal and state executive orders and other statutes and regulations, and any claim for attorneys’ fees, costs, disbursements and/or the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Rights Act, New Jersey Family Leave Actlike. This is a full and final waiver and release of any such claims, and the Virginia Labor and Employment code, Title 40.1parties intend that it have the broadest effect possible under law. Employee expressly represents that Employee has no claim against the Employer which is not released under this Agreement.

Release of All Claims. Except as set forth in Section 2 below, the ExecutiveEmployee, and anyone claiming through the Executive Employee or on the Executive’s his behalf, hereby waive and release the Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive Employee now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive Employee signs this ReleaseAgreement. Without limiting the generality of the foregoing, the claims waived and released by the Executive Employee hereunder include, but are not limited to: : (a) all claims arising out of or related in any way to the Executive’s Employee's employment, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims arising under the Employment Agreement; employment; (b) all claims that were or could have been asserted by the Executive Employee or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and and (c) all claims that were or could have been asserted by the Executive Employee or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”)Act, as amended; and (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Equal Pay Act, the Employee Retirement Income Security Act, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Illinois Human Rights Act, New Jersey Family Leave the Illinois Equal Pay Act, the Xxxx County Human Rights Ordinance, and the Virginia Labor Xxxx County Earned Sick Leave Ordinance. Notwithstanding the foregoing, the releases and Employment codewaivers in this Section 5 shall not apply to any claim for unemployment or workers' compensation, Title 40.1or a claim that by law is non-waivable.

Release of All Claims. Except as set forth in Section 2 below, the ExecutiveXxxxx, and anyone claiming through the Executive Xxxxx or on the Executive’s Xxxxx’x behalf, hereby waive and release the Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive Xxxxx now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive Xxxxx signs this ReleaseAgreement. Without limiting the generality of the foregoing, the claims waived and released by the Executive Xxxxx hereunder include, but are not limited to: (a) all claims arising out of or related in any way to the Executive’s Xxxxx’x employment, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any advance (or particular form of) notice of termination, any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims arising under the Employment Agreement; (b) all claims that were or could have been asserted by the Executive Xxxxx or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) all claims that were or could have been asserted by the Executive Xxxxx or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”)Act, as amended; and (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ U.S.C.§§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Equal Pay Act, the Employee Retirement Income Security Act, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Illinois Human Rights Act, New Jersey Family Leave Act, and the Virginia Labor Illinois Equal Pay Act. Notwithstanding this Section 5, nothing in this Agreement shall require Xxxxx to waive or release: (x) any claim for workers’ compensation or unemployment insurance benefits or any claim that cannot be waived or released by law; (y) any right to coverage under any directors’ or officers’ insurance policy covering Xxxxx, or (z) any claim for any vested benefits to which Xxxxx is otherwise entitled pursuant to the terms and Employment code, Title 40.1conditions of any of applicable benefit plans.

Release of All Claims. Except as set forth in Section 2 below, the ExecutiveEmployee, and anyone claiming through the Executive Employee or on the ExecutiveEmployee’s behalf, hereby waive and release the Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive Employee now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive Employee signs this ReleaseAgreement. Without limiting the generality of the foregoing, the claims waived and released by the Executive Employee hereunder include, but are not limited to: (a) all claims arising out of or related in any way to the ExecutiveEmployee’s employment, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any advance (or particular form of) notice of termination, any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims arising under the Employment Agreement; (b) all claims that were or could have been asserted by the Executive Employee or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) all claims that were or could have been asserted by the Executive Employee or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”)Act, as amended; and (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ U.S.C.§§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Equal Pay Act, the Employee Retirement Income Security Act, the Xxxxx Xxxxxxxxx Fair Pay Act of 2009, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Illinois Human Rights Act, New Jersey Family Leave Act, and the Virginia Labor Illinois Equal Pay Act. Notwithstanding this Section 7, nothing in this Agreement shall require Employee to waive or release: (i) any claim for workers’ compensation or unemployment insurance benefits or any claim that cannot be waived or released by law; (ii) any right to coverage under any directors’ or officers’ insurance policy covering Employee or under the Indemnification Agreement (as described in Section 16 herein); (iii) any claim for any vested benefits to which Employee is otherwise entitled pursuant to the terms and Employment codeconditions of any of applicable benefit plans; (iv) any rights to payments owed under this Agreement or right to enforce this Agreement; (v) any rights relating to any equity held by Employee; (vi) any right to continuation of his health or dental benefits as provided by law; and (vii) any claims which arise after the date of Employee’s signature below. As of February 28, Title 40.12019, the Company does not have a present intention to bring a claim, now or in the future, against Employee.

Release of All Claims. Except Employee and Employer agree as set forth in Section 2 below, the Executive, and anyone claiming through the Executive or on the Executive’s behalf, hereby waive and release the Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive signs this Release. Without limiting the generality of the foregoing, the claims waived and released by the Executive hereunder include, but are not limited tofollows: (a) In consideration for the payments and additional benefits to be paid by Employer hereunder, Employee hereby irrevocably and unconditionally releases, acquits and discharges Employer and its officers, directors, employees and agents, employee benefit plans, and all of its affiliates, including IASIS Healthcare Corporation, and all of their respective officers, directors, employees and agents (collectively, the “Releasees”) from all claims and causes of action of whatever nature that Employee ever had or may now have as of the date of the execution of this Agreement arising from or during Employee’s employment, or resulting from the termination of said employment, or arising from any other relationship Employee had with Employer, whether known or unknown, fixed or contingent, actual or potential. Employee hereby waives any and all rights he may have, directly or indirectly, now or at any time in the future, of any nature, with respect to any claim, charge, or lawsuit, arising out of or related in any way to his employment and termination of employment up and through the Executive’s employment, compensation, other terms and conditions date of employment, or termination from employment with the Companyexecution of this Agreement, including without limitation all claims for purposes of obtaining any compensation paymentsmonetary award, bonus, severance pay, equity, reinstatement of employment or any other compensation equitable relief. Employee also waives any right to be or benefitremain a member of any class or collective action against Employer. (b) Employee acknowledges that this release of claims includes, and but is not limited to, all claims arising under the Employment Agreement; (b) federal, state or local laws against Releasees and all claims that were or could have been asserted by the Executive or growing out of any legal restrictions on his or her behalf: (i) in Employer’s right to terminate its employees, including any federalclaims arising under common law and/or breach of contract, statewhistleblower, tort, or local court, commission, or agency; or (ii) under any common law theory (including without limitation retaliation claims and all claims for breach related to payment of contract (oralcompensation. This release of claims also specifically encompasses all claims of employment discrimination based on race, written or implied)color, wrongful terminationreligion, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichmentsex, and any other contract, tort or other common law claim of any kind); and (c) all claims that were or could have been asserted by the Executive or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”)national origin, as amended; and (ii) any other federalprovided under the Civil Rights Act of 1866, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. §§ 1981 & 1981a1981(a), all claims of discrimination based on age, as provided under the Age Discrimination in Employment Act of 1967, as amended, the Americans with Disabilities Older Workers Benefit Protection Act, all claims under the Executive Employee Retirement Income Security ActAct (“ERISA”), all claims under the Family and Medical Leave ActAct (“FMLA”), the Genetic Information Nondiscrimination Act, all Claims under the Fair Credit Reporting Act, all claims under the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection National Labor Relations Act, New Jersey Civil Rights all claims under the Rehabilitation Act, New Jersey Family Leave all claims under the Xxxxxxxx-Xxxxx Act of 2002, all claims under the False Claims Act, 31 U.S.C. 3729, et seq, and similar state laws, all claims under the Worker Adjustment Retraining Notification (“WARN”) Act, and all claims of employment discrimination under the Virginia Labor Americans with Disabilities Act (“ADA”), as well as any and Employment codeall claims under state law as provided under Arizona, Title 40.1Colorado, Florida, Texas, Nevada, Louisiana, Utah or Tennessee statutes and any other applicable state or local laws concerning Employee’s employment. This release also includes claims that the Employer violated or failed to comply with any public policy; violated or failed to comply with any portion of its personnel policies or any express or implied contract of employment between Employee and Employer; failed to pay Employee wages, salary, overtime, bonus, earned vacation, earned paid time-off, benefits, commissions, equity, incentive pay, insurance, interest, or other compensation of any type; libeled, slandered, or defamed Employee, invaded Employee’s privacy, negligently or intentionally inflicted emotional distress on Employee or otherwise violated any common law duty to Employee including but not limited to claims for detrimental reliance, fraud, impairment/loss of business/economic opportunity, loss of consortium, misrepresentation, negligence including negligent hiring/retention/supervision, personal injury, promissory estoppel, retaliatory discharge, posting violations, wrongful termination, constructive discharge, and tortious interference. (c) Employee hereby irrevocably and unconditionally releases, acquits and discharges defendants in any and all False Claims Act lawsuits he has ever filed and their officers, directors, employees and agents, employee benefit plans, and all of their affiliates, from all claims and causes of action of whatever nature that Employee ever had or may now have as of the date of the execution of this Agreement whether set forth in the complaints he filed or otherwise, whether known or unknown, fixed or contingent, actual or potential. (d) Employee’s claims not released by this Agreement are specifically limited to: (i) any claim for unemployment compensation or worker’s compensation administered by a state government to which Employee is presently or may become entitled; (ii) any claim for benefits that have already vested under an Employer plan that are not subject to forfeiture; (iii) any claim based upon events that occur after the Effective Date of this Agreement; (iv) any claim that Employer has breached this Agreement; and (v) any other claim that cannot be waived as a matter of law.

Release of All Claims. Except as set forth in Section 2 below, the Executive, and anyone claiming through the Executive or on the Executive’s behalf, hereby waive and release the Company and the other Released Parties (defined in Section 3, below) with respect to any and all claims, whether currently known or unknown, that the Executive now has or has ever had against the Company or any of the other Released Parties arising from or related to any act, omission, or thing occurring or existing at any time prior to or on the date on which the Executive signs this Release. Without limiting the generality of the foregoing, the claims waived and released by the Executive hereunder include, but are not limited to: (a) a. all claims arising out of or related in any way to the Executive’s employment, compensation, other terms and conditions of employment, or termination from employment with the Company, including without limitation all claims for any compensation payments, bonus, severance pay, equity, or any other compensation or benefit, and all claims arising under the Employment Agreement; (b) b. all claims that were or could have been asserted by the Executive or on his or her behalf: (i) in any federal, state, or local court, commission, or agency; or (ii) under any common law theory (including without limitation all claims for breach of contract (oral, written or implied), wrongful termination, defamation, invasion of privacy, infliction of emotional distress, tortious interference, fraud, estoppel, unjust enrichment, and any other contract, tort or other common law claim of any kind); and (c) c. all claims that were or could have been asserted by the Executive or on his or her behalf under: (i) the Age Discrimination in Employment Act (“ADEA”), as amended; and (ii) any other federal, state, local, employment, services or other law, regulation, ordinance, constitutional provision, executive order or other source of law, including without limitation under any of the following laws, as amended from time to time: Title VII of the Civil Rights Act of 1964, 42 U.S.C. §§ 1981 & 1981a, the Americans with Disabilities Act, the Executive Retirement Income Security Act, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the Fair Credit Reporting Act, the New Jersey Law Against Discrimination, New Jersey Conscientious Employee Protection Act, New Jersey Civil Rights Act, New Jersey Family Leave Act, and the Virginia Labor and Employment code, Title 40.1.