Common use of Release of All Claims Clause in Contracts

Release of All Claims. The Parties intend to effectuate with this Agreement the complete extinguishment of any and all claims, known or unknown, and actions of any nature whatsoever, from the beginning of time to the effective date of this Agreement and to release and forever discharge COMPANY of and from any and all manner of actions, causes of actions, charges, suits, rights to attorneys’ fees or costs, debts, obligations, claims, and demands whatsoever in law or equity by reason of any matter, cause or thing whatsoever, and particularly, but without limitation of the foregoing general terms, by reason of any claims or actions arising from EXECUTIVE’s separation of employment with COMPANY. In addition, EXECUTIVE unconditionally releases, discharges, waives, and holds harmless the COMPANY from each and every other claim, cause of action, right, liability, penalty, expense, or demand of any kind and nature, whether or not presently known to exist. With respect to the claims that EXECUTIVE is releasing and waiving, she is releasing and waiving not only her right to recover money or other relief in any action that she might institute, but also she is releasing and waiving her right to recover money or other relief in any action that might be brought on her behalf by any other person or entity including, but not limited to, the United States Equal Employment Opportunity Commission, the Department of Labor, or any other federal, state or local governmental agency or department. EXECUTIVE acknowledges and agrees that the released claims include any that have been or may hereafter be asserted on EXECUTIVE’s behalf in any class or collective action relating to her employment and/or the termination of her employment with the COMPANY (“Class/Collective Action”). Accordingly: (a) EXECUTIVE waives any right to participate in any Class/Collective Action, including serving as a class representative or named plaintiff; and (b) EXECUTIVE waives any right to receive notice of any pending or resolved Class/Collective Action. In the event that EXECUTIVE is included or identified as a member or potential member of a class or collective in Class/Collective Action, she agrees to (i) opt out of such proceeding after learning of her inclusion by executing without objection or delay any opt out form presented to him, and/or (ii) not to opt in to such proceeding. Excluded from the release and waiver are any claims or rights which cannot be waived by law, such as her right to file a charge with an administrative agency or participate in any agency investigation. EXECUTIVE is, however, waiving her right to recover any money in connection with such a charge or investigation. If a lawful subpoena to testify before any entity is issued to EXECUTIVE, she will immediately notify COMPANY and provide it with a copy of the subpoena. This Agreement is a full and final bar to any claims that EXECUTIVE may have against COMPANY, including, without limitation, any claims: (a) arising from her terms and conditions of employment, separation from employment, or the employment practices of the COMPANY, including but not limited to claims alleging a violation of personnel policies, benefit plans, procedures, and handbooks; (b) relating to any claims for punitive or compensatory damages; back and/or front pay claims and fringe benefits including bonuses; disability benefits; penalties; interest; or payment of any attorneys’ fees, costs or expenses for him; (c) arising under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), the Older Workers’ Benefits Protection Act, the Family Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Occupational Safety and Health Act, the Consolidated Omnibus Reconciliation Act, the Genetic Information Nondiscrimination Act, the Uniformed Services Employment and Re­ Employment Rights Act, Texas Commission on Human Rights Act/Texas Employment Discrimination Law, Texas Disability Discrimination Law, Texas whistleblower protection statute, Texas Minimum Wage Act, Texas wage payment Jaw, Minnesota Human Rights Act, as amended, Minn. Stat. § 363A.O l et seq., Minnesota Equal Pay for Equal Work Law, as amended, Minn. Stat.§ 181.66 et seq., Minnesota’s law prohibiting discrimination based on age, Minn. Stat. § 181.81 et seq., Minnesota Nonwork Activities Law, Minn. Stat.§ 181.938; Minnesota Whistleblower Law, Minn. Stat.§ 181.931 et seq., Minnesota Parenting Leave Law, Minn. Stat. § 181.940 et seq., state and local human rights and/or discrimination laws, state and local wage and hour laws, state and local equal pay laws, state and local leave laws, state and local whistleblower laws, state and local unfair competition laws, and claims alleging discrimination or harassment or aider and abettor liability on the basis of pregnancy, age, race, color, gender (including sexual harassment), national origin, ancestry, disability, medical condition, genetic information, religion, sexual orientation, marital status, caregiver status, parental status, veteran status, source of income, entitlement to benefits, union activities, or any other status protected by local, state or federal laws, constitutions, regulations, ordinances or executive orders; and, (d) based on any express or implied contract or covenant of good faith and fair dealing, tort, common law, negligence, constitutional, statutory, whistleblower, public policy, personal injury, invasion of privacy, defamation, emotional distress, retaliation, detrimental reliance, or wrongful discharge theory. EXECUTIVE expressly understands that among the various rights and claims being released and waived in this Agreement are those arising under the Age Discrimination in Employment Act (“ADEA’’). This general release does not cover rights or claims under the ADEA arising after she signs this Agreement. Notwithstanding anything to the contrary herein, this Agreement and EXECUT1VE’s separation from the COMPANY shall not preclude EXECUTIVE from participating in any equity or option purchases between the COMPANY and its shareholders.

Release of All Claims. The Parties intend to effectuate with this Agreement the complete extinguishment of any and all claims, known or unknown, and actions of any nature whatsoever, from the beginning of time to the effective date of this Agreement and to release and forever discharge COMPANY of and from any and all manner of actions, causes of actions, charges, suits, rights to attorneys’ fees or costs, debts, obligations, claims, and demands whatsoever in law or equity by reason of any matter, cause or thing whatsoever, and particularly, but without limitation of the foregoing general terms, by reason of any claims or actions arising from EXECUTIVE’s separation of employment with COMPANY. In addition, EXECUTIVE unconditionally releases, discharges, waives, and holds harmless the COMPANY from each and every other claim, cause of action, right, liability, penalty, expense, or demand of any kind and nature, whether or not presently known to exist. With respect to the claims that EXECUTIVE is releasing and waiving, she he is releasing and waiving not only her his right to recover money or other relief in any action that she he might institute, but also she he is releasing and waiving her his right to recover money or other relief in any action that might be brought on her his behalf by any other person or entity including, but not limited to, the United States Equal Employment Opportunity Commission, the Department of Labor, or any other federal, state or local governmental agency or department. EXECUTIVE acknowledges and agrees that the released claims include any that have been or may hereafter be asserted on EXECUTIVE’s behalf in any class or collective action relating to her his employment and/or the termination of her his employment with the COMPANY (“Class/Collective Action”). AccordinglyAction”).Accordingly: (a) EXECUTIVE waives any right to participate in any Class/Collective Action, including serving as a class representative or named plaintiff; and (b) EXECUTIVE waives any right to receive notice of any pending or resolved Class/Collective Action. In the event that EXECUTIVE is included or identified as a member or potential member of a class or collective in Class/Collective Action, she he agrees to (i) opt out of such proceeding after learning of her his inclusion by executing without objection or delay any opt out form presented to him, and/or (ii) not to opt in to such proceeding. Excluded from the release and waiver are any claims or rights which cannot be waived by law, such as her his right to file a charge with an administrative agency or participate in any agency investigation. EXECUTIVE is, however, waiving her his right to recover any money in connection with such a charge or investigation. If a lawful subpoena to testify before any entity is issued to EXECUTIVE, she he will immediately notify COMPANY and provide it with a copy of the subpoena. This Agreement is a full and final bar to any claims that EXECUTIVE may have against COMPANY, including, without limitation, any claims: (a) arising from her his terms and conditions of employment, separation from employment, or the employment practices of the COMPANY, including but not limited to claims alleging a violation of personnel policies, benefit plans, procedures, and handbooks; (b) relating to any claims for punitive or compensatory damages; back and/or front pay claims and fringe benefits including bonuses; disability benefits; penalties; interest; or payment of any attorneys’ fees, costs or expenses for him; (c) arising under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), the Older Workers’ Benefits Protection Act, the Family Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Occupational Safety and Health Act, the Consolidated Omnibus Reconciliation Act, the Genetic Information Nondiscrimination Act, the Uniformed Services Employment and Re­ Employment Rights Act, Texas Commission on Human Rights Act/Texas Employment Discrimination Law, Texas Disability Discrimination Law, Texas whistleblower protection statute, Texas Minimum Wage Act, Texas wage payment Jawlaw, Minnesota Human Rights Act, as amended, Minn. Stat. § 363A.O l Minn.Stat.§ 363A.0l et seq., Minnesota Equal Pay for Equal Work Law, as amended, Minn. Stat.§ 181.66 et seq., Minnesota’s law prohibiting discrimination based on age, Minn. Stat. § 181.81 et seq., Minnesota Nonwork Activities Law, Minn. Stat.§ 181.938; Minnesota Whistleblower Law, Minn. Stat.§ 181.931 et seq., Minnesota Parenting Leave Law, Minn. Stat. § 181.940 et seq., state and local human rights and/or discrimination laws, state and local wage and hour laws, state and local equal pay laws, state and local leave laws, state and local whistleblower laws, state and local unfair competition laws, and claims alleging discrimination or harassment or aider and abettor liability on the basis of pregnancy, age, race, color, gender (including sexual harassment), national origin, ancestry, disability, medical condition, genetic information, religion, sexual orientation, marital status, caregiver status, parental status, veteran status, source of income, entitlement to benefits, union activities, or any other status protected by local, state or federal laws, constitutions, regulations, ordinances or executive orders; and, (d) based on any express or implied contract or covenant of good faith and fair dealing, tort, common law, negligence, constitutional, statutory, whistleblower, public policy, personal injury, invasion of privacy, defamation, emotional distress, retaliation, detrimental reliance, or wrongful discharge theory. EXECUTIVE expressly understands that among the various rights and claims being released and waived in this Agreement are those arising under the Age Discrimination in Employment Act (“ADEA’’). This ADEA”).This general release does not cover rights or claims under the ADEA arising after she he signs this Agreement. Notwithstanding anything to the contrary herein, this Agreement and EXECUT1VEEXECUTIVE’s separation from the COMPANY shall not preclude EXECUTIVE from participating in any equity or option purchases between the COMPANY and its shareholders.

Release of All Claims. The Parties intend to effectuate with this Agreement the complete extinguishment of any and all claims, known or unknown, and actions of any nature whatsoever, from the beginning of time to the effective date of this Agreement and to release and forever discharge COMPANY of and from any and all manner of actions, causes of actions, charges, suits, rights to attorneys’ fees or costs, debts, obligations, claims, and demands whatsoever in law or equity by reason of any matter, cause or thing whatsoever, and particularly, but without limitation of the foregoing general terms, by reason of any claims or actions arising from EXECUTIVE’s separation of employment with COMPANY. In addition, EXECUTIVE he unconditionally releases, discharges, waives, and holds harmless the COMPANY from each and every other claim, cause of action, right, liability, penalty, expense, or demand of any kind and nature, whether or not presently known to exist. With respect to the claims that EXECUTIVE is releasing and waiving, she he is releasing and waiving not only her his right to recover money or other relief in any action that she he might institute, but also she he is releasing and waiving her his right to recover money or other relief in any action that might be brought on her his behalf by any other person or entity including, but not limited to, the United States Equal Employment Opportunity Commission, the Department of Labor, or any other federal, state or local governmental agency or department. EXECUTIVE acknowledges and agrees that the released claims include any that have been or may hereafter be asserted on EXECUTIVE’s behalf in any class or collective action relating to her his employment and/or the termination of her his employment with the COMPANY (“Class/Collective Action”). Accordingly: (a) EXECUTIVE waives any right to participate in any Class/Collective Action, including serving as a class representative or named plaintiff; and (b) EXECUTIVE waives any right to receive notice of any pending or resolved Class/Collective Action. In the event that EXECUTIVE is included or identified as a member or potential member of a class or collective in Class/Collective Action, she he agrees to (i) opt out of such proceeding after learning of her his inclusion by executing without objection or delay any opt out form presented to him, and/or (ii) not to opt in to such proceeding. Excluded from the release and waiver are any claims or rights which cannot be waived by law, such as her his right to file a charge with an administrative agency or participate in any agency investigation. EXECUTIVE is, however, waiving her his right to recover any money in connection with such a charge or investigation. If a lawful subpoena to testify before any entity is issued to EXECUTIVE, she he will immediately notify COMPANY and provide it with a copy of the subpoena. This Agreement is a full and final bar to any claims that EXECUTIVE may have against COMPANY, including, without limitation, any claims: (a) arising from her his terms and conditions of employment, separation from employment, or the employment practices of the COMPANY, including but not limited to claims alleging a violation of personnel policies, stock agreements, benefit plans, procedures, and handbooks; (b) relating to any claims for punitive or compensatory damages; back and/or front pay claims and fringe benefits including bonuses; disability benefits; penalties; interest; or payment of any attorneys’ fees, costs or expenses for him; (c) arising under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), the Older Workers’ Benefits Protection Act, the Family Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Occupational Safety and Health Act, the Consolidated Omnibus Reconciliation Act, the Genetic Information Nondiscrimination Act, the Uniformed Services Employment and Re­ Re-Employment Rights Act, Texas Commission on Human Rights Act/Texas Employment Discrimination Law, Texas Disability Discrimination Law, Texas whistleblower protection statute, Texas Minimum Wage Act, Texas wage payment Jaw, Minnesota Human Rights Act, as amended, Minn. Stat. § 363A.O l et seq., Minnesota Equal Pay for Equal Work Law, as amended, Minn. Stat.§ 181.66 et seq., Minnesota’s law prohibiting discrimination based on age, Minn. Stat. § 181.81 et seq., Minnesota Nonwork Activities Law, Minn. Stat.§ 181.938; Minnesota Whistleblower Law, Minn. Stat.§ 181.931 et seq., Minnesota Parenting Leave Law, Minn. Stat. § 181.940 et seq.law, state and local human rights and/or discrimination laws, state and local wage and hour laws, state and local equal pay laws, state and local leave laws, state and local whistleblower laws, state and local unfair competition laws, and claims alleging discrimination or harassment or aider and abettor liability on the basis of pregnancy, age, race, color, gender (including sexual harassment), national origin, ancestry, disability, medical condition, genetic information, religion, sexual orientation, marital status, caregiver status, parental status, veteran status, source of income, entitlement to benefits, union activities, or any other status protected by local, state or federal laws, constitutions, regulations, ordinances or executive orders; and, (d) based on any express or implied contract or covenant of good faith and fair dealing, tort, common law, negligence, constitutional, statutory, whistleblower, public policy, personal injury, invasion of privacy, defamation, emotional distress, retaliation, detrimental reliance, or wrongful discharge theory. EXECUTIVE expressly understands that among the various rights and claims being released and waived in this Agreement are those arising under the Age Discrimination in Employment Act (“ADEA’’”). This general release does not cover rights or claims under the ADEA arising after she he signs this Agreement. Notwithstanding anything to the contrary herein, this Agreement and EXECUT1VE’s separation from the COMPANY shall not preclude EXECUTIVE from participating in any equity or option purchases between the COMPANY and its shareholders.

Release of All Claims. The Parties intend to effectuate with this Agreement Xxxxxxx irrevocably and unconditionally releases, waives, and forever discharges the complete extinguishment of Company, its current and/or former owners, investors, partners, parents, divisions, subsidiaries, affiliated entities, divisions and/or related companies, and its and/or their present and former agents, employees, officers, directors, attorneys, stockholders, employee benefit plans, plan fiduciaries, successors and/or assigns (collectively the “Released Parties”), from any and all claims, demands, actions, causes of action, costs, fees, and all liability whatsoever, whether known or unknown, and actions of fixed or contingent, which Xxxxxxx has, had, or may have against any nature whatsoever, from the beginning of time to the effective date of this Agreement and to release and forever discharge COMPANY of and from any and all manner of actions, causes of actions, charges, suits, rights to attorneys’ fees or costs, debts, obligations, claims, and demands whatsoever in law or equity by reason of any matter, cause or thing whatsoever, and particularly, but without limitation of the foregoing general terms, by reason Released Parties relating to or arising out of any claims his employment or actions arising separation from EXECUTIVE’s separation of employment with COMPANYthe Company, up to and including the date he signs this Agreement. In addition, EXECUTIVE Xxxxxxx unconditionally releases, discharges, waives, and holds harmless the COMPANY Company from each and every other claim, cause of action, right, liability, penalty, expense, or demand of any kind and nature, whether or not presently known to exist. With respect to the claims that EXECUTIVE Xxxxxxx is releasing and waiving, she he is releasing and waiving not only her his right to recover money or other relief in any action that she he might institute, but also she he is releasing and waiving her his right to recover money or other relief in any action that might be brought on her his behalf by any other person or entity including, but not limited to, representative class or collective action plaintiffs, the United States Equal Employment Opportunity Commission, the Department of Labor, or any other federal, state or local governmental agency or department. EXECUTIVE acknowledges and agrees that the released claims include any that have been or may hereafter be asserted on EXECUTIVE’s behalf in any class or collective action relating to her employment and/or the termination of her employment with the COMPANY (“Class/Collective Action”). Accordingly: (a) EXECUTIVE waives any right to participate in any Class/Collective Action, including serving as a class representative or named plaintiff; and (b) EXECUTIVE waives any right to receive notice of any pending or resolved Class/Collective Action. In the event that EXECUTIVE is included or identified as a member or potential member of a class or collective in Class/Collective Action, she agrees to (i) opt out of such proceeding after learning of her inclusion by executing without objection or delay any opt out form presented to him, and/or (ii) not to opt in to such proceeding. Excluded from the release and waiver are any claims or rights which cannot be waived by law, such as her Xxxxxxx’x right to file a charge with an administrative agency or participate in any agency investigation. EXECUTIVE Xxxxxxx is, however, waiving her his right to recover any money in connection with such a charge or investigation. If a lawful subpoena to testify before any entity is issued to EXECUTIVEXxxxxxx, she he will immediately notify COMPANY the Company and provide it with a copy of the subpoena. This Agreement is a full and final bar to any claims that EXECUTIVE Xxxxxxx may have against COMPANYthe Company up to and including the date he signs this Agreement, including, without limitation, any claims: (a) arising from her Xxxxxxx’x terms and conditions of employment, separation from employment, or the employment practices of the COMPANYCompany, including but not limited to claims alleging a violation of personnel policies, benefit plans, procedures, and handbooks; (b) relating to any claims for punitive or compensatory damages; back and/or front pay claims and fringe benefits including bonuses; disability benefits; PTO and vacation; penalties; interest; or payment of any attorneys’ fees, costs or expenses for himXxxxxxx; (c) arising under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Civil Rights Act of 1871, the Americans with Disabilities ActAct and amendments thereto, the Age Discrimination in Employment Act (“ADEA”), the Older Workers’ Benefits Protection Act, the Family Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Occupational Safety and Health Act, the Consolidated Omnibus Reconciliation Act, the Genetic Information Nondiscrimination Act, the Uniformed Services Employment and Re­ Re-Employment Rights Act, the Xxxxxxxx-Xxxxx Act, Texas Commission on Human Rights Act/Texas Employment Discrimination Law, Texas Disability Discrimination Law, Texas whistleblower protection statute, Texas Minimum Wage Act, Texas wage payment Jaw, Minnesota Human Rights Act, as amended, Minn. Stat. § 363A.O l et seq., Minnesota Equal Pay for Equal Work Law, as amended, Minn. Stat.§ 181.66 et seq., Minnesota’s law prohibiting discrimination based on age, Minn. Stat. § 181.81 et seq., Minnesota Nonwork Activities Law, Minn. Stat.§ 181.938; Minnesota Whistleblower Law, Minn. Stat.§ 181.931 et seq., Minnesota Parenting Leave Law, Minn. Stat. § 181.940 et seq.law, state and local human rights and/or discrimination laws, state and local wage and hour laws, state and local equal pay laws, state and local leave laws, state and local whistleblower laws, state and local unfair competition laws, and claims alleging discrimination or harassment or aider and abettor abetter liability on the basis of pregnancy, age, race, color, gender (including sexual harassment), national origin, ancestry, disability, medical condition, genetic information, religion, sexual orientation, marital status, caregiver status, parental status, veteran status, source of income, entitlement to benefits, union activities, or any other status protected by local, state or federal laws, constitutions, regulations, ordinances or executive orders; and, (d) based on any express or implied contract or covenant of good faith and fair dealing, tort, common law, negligence, constitutional, statutory, whistleblower, public policy, personal injury, invasion of privacy, defamation, emotional distress, retaliation, detrimental reliance, or wrongful discharge theory. EXECUTIVE Xxxxxxx expressly understands that among the various rights and claims being released and waived in this Agreement are those arising under the Age Discrimination in Employment Act (“ADEA’’”). This general release does not cover rights or claims under the ADEA arising after she Xxxxxxx signs this Agreement. Notwithstanding anything For the purpose of implementing a full and complete release, Xxxxxxx expressly acknowledges that the releases given in this Agreement are intended to include, without limitation, claims that Xxxxxxx did not know or suspect to exist in his favor at the time of the effective date of this Agreement, regardless of whether the knowledge of such claims, or the facts upon which they might be based, would materially have affected the settlement of this matter; and that the consideration given under the Agreement was also for the release of those claims and contemplates the extinguishment of any such unknown claims. For avoidance of doubt, notwithstanding any language to the contrary hereinin this Section 4, this Agreement and EXECUT1VE’s separation from Section 4 does not apply with respect to any claims that Xxxxxxx may have that relate solely to his status as a shareholder of the COMPANY shall not preclude EXECUTIVE from participating in any equity or option purchases between the COMPANY and its shareholdersCompany.

Release of All Claims. The Parties intend to effectuate with this Agreement the complete extinguishment of any and all claims, known or unknown, and actions of any nature whatsoever, from the beginning of time to the effective date of this Agreement and to release and forever discharge COMPANY of and from any and all manner of actions, causes of actions, charges, suits, rights to attorneys’ fees or costs, debts, obligations, claims, and demands whatsoever in law or equity by reason of any matter, cause or thing whatsoever, and particularly, but without limitation of the foregoing general terms, by reason of any claims or actions arising from EXECUTIVE’s separation of employment with COMPANY. In addition, EXECUTIVE unconditionally releases, discharges, waives, and holds harmless the COMPANY from each and every other claim, cause of action, right, liability, penalty, expense, or demand of any kind and nature, whether or not presently known to exist. With respect to the claims that EXECUTIVE is releasing and waiving, she he is releasing and waiving not only her his right to recover money or other relief in any action that she he might institute, but also she he is releasing and waiving her his right to recover money or other relief in any action that might be brought on her his behalf by any other person or entity including, but not limited to, the United States Equal Employment Opportunity Commission, the Department of Labor, or any other federal, state or local governmental agency or department. EXECUTIVE acknowledges and agrees that the released claims include any that have been or may hereafter be asserted on EXECUTIVE’s behalf in any class or collective action relating to her his employment and/or the termination of her his employment with the COMPANY (“Class/Collective Action”). Accordingly: (a) EXECUTIVE waives any right to participate in any Class/Collective Action, including serving as a class representative or named plaintiff; and (b) EXECUTIVE waives any right to receive notice of any pending or resolved Class/Collective Action. In the event that EXECUTIVE is included or identified as a member or potential member of a class or collective in Class/Collective Action, she he agrees to (i) opt out of such proceeding after learning of her his inclusion by executing without objection or delay any opt out form presented to him, and/or (ii) not to opt in to such proceeding. Excluded from the release and waiver are any claims or rights which cannot be waived by law, such as her his right to file a charge with an administrative agency or participate in any agency investigation. EXECUTIVE is, however, waiving her his right to recover any money in connection with such a charge or investigation. If a lawful subpoena to testify before any entity is issued to EXECUTIVE, she he will immediately notify COMPANY and provide it with a copy of the subpoena. This Agreement is a full and final bar to any claims that EXECUTIVE may have against COMPANY, including, without limitation, any claims: (a) arising from her his terms and conditions of employment, separation from employment, or the employment practices of the COMPANY, including but not limited to claims alleging a violation of personnel policies, benefit plans, procedures, and handbooks; (b) relating to any claims for punitive or compensatory damages; back and/or front pay claims and fringe benefits including bonuses; disability benefits; penalties; interest; or payment of any attorneys’ fees, costs or expenses for him; (c) arising under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), the Older Workers’ Benefits Protection Act, the Family Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Occupational Safety and Health Act, the Consolidated Omnibus Reconciliation Act, the Genetic Information Nondiscrimination Act, the Uniformed Services Employment and Re­ Re-Employment Rights Act, Texas Commission on Human Rights Act/Texas Employment Discrimination Law, Texas Disability Discrimination Law, Texas whistleblower protection statute, Texas Minimum Wage Act, Texas wage payment Jawlaw, Minnesota Human Rights Act, as amended, Minn. Stat. § 363A.O l 363A.01 et seq., Minnesota Equal Pay for Equal Work Law, as amended, Minn. Stat.§ Stat. § 181.66 et seq., Minnesota’s law prohibiting discrimination based on age, Minn. Stat. § 181.81 et seq., Minnesota Nonwork Activities Law, Minn. Stat.§ Stat. § 181.938; Minnesota Whistleblower Law, Minn. Stat.§ Stat. § 181.931 et seq., Minnesota Parenting Leave Law, Minn. Stat. § 181.940 et seq., state and local human rights and/or discrimination laws, state and local wage and hour laws, state and local equal pay laws, state and local leave laws, state and local whistleblower laws, state and local unfair competition laws, and claims alleging discrimination or harassment or aider and abettor liability on the basis of pregnancy, age, race, color, gender (including sexual harassment), national origin, ancestry, disability, medical condition, genetic information, religion, sexual orientation, marital status, caregiver status, parental status, veteran status, source of income, entitlement to benefits, union activities, or any other status protected by local, state or federal laws, constitutions, regulations, ordinances or executive orders; and, (d) based on any express or implied contract or covenant of good faith and fair dealing, tort, common law, negligence, constitutional, statutory, whistleblower, public policy, personal injury, invasion of privacy, defamation, emotional distress, retaliation, detrimental reliance, or wrongful discharge theory. EXECUTIVE expressly understands that among the various rights and claims being released and waived in this Agreement are those arising under the Age Discrimination in Employment Act (“ADEA’’”). This general release does not cover rights or claims under the ADEA arising after she he signs this Agreement. Notwithstanding anything to the contrary herein, this Agreement and EXECUT1VEEXECUTIVE’s separation from the COMPANY shall not preclude EXECUTIVE from participating in any equity or option purchases between the COMPANY and its shareholders.

Release of All Claims. The Parties intend to effectuate with this Agreement the complete extinguishment of any and all claims, known or unknown, and actions of any nature whatsoever, from the beginning of time to the effective date of this Agreement and to release and forever discharge COMPANY of and from any and all manner of actions, causes of actions, charges, suits, rights to attorneys’ fees or costs, debts, obligations, claims, and demands whatsoever in law or equity by reason of any matter, cause or thing whatsoever, and particularly, but without limitation of the foregoing general terms, by reason of any claims or actions arising from EXECUTIVE’s separation of employment with COMPANY. In addition, EXECUTIVE he unconditionally releases, discharges, waives, and holds harmless the COMPANY from each and every other claim, cause of action, right, liability, penalty, expense, or demand of any kind and nature, whether or not presently known to exist. With respect to the claims that EXECUTIVE is releasing and waiving, she he is releasing and waiving not only her his right to recover money or other relief in any action that she he might institute, but also she he is releasing and waiving her his right to recover money or other relief in any action that might be brought on her his behalf by any other person or entity including, but not limited to, the United States Equal Employment Opportunity Commission, the Department of Labor, or any other federal, state or local governmental agency or department. EXECUTIVE acknowledges and agrees that the released claims include any that have been or may hereafter be asserted on EXECUTIVE’s behalf in any class or collective action relating to her his employment and/or the termination of her his employment with the COMPANY (“Class/Collective Action”). Accordingly: (a) EXECUTIVE waives any right to participate in any Class/Collective Action, including serving as a class representative or named plaintiff; and (b) EXECUTIVE waives any right to receive notice of any pending or resolved Class/Collective Action. In the event that EXECUTIVE is included or identified as a member or potential member of a class or collective in Class/Collective Action, she he agrees to (i) opt out of such proceeding after learning of her his inclusion by executing without objection or delay any opt out form presented to him, and/or (ii) not to opt in to such proceeding. Excluded from the release and waiver are any claims or rights which cannot be waived by law, such as her his right to file a charge with an administrative agency or participate in any agency investigation. EXECUTIVE is, however, waiving her his right to recover any money in connection with such a charge or investigation. If a lawful subpoena to testify before any entity is issued to EXECUTIVE, she he will immediately notify COMPANY and provide it with a copy of the subpoena. This Agreement is a full and final bar to any claims that EXECUTIVE may have against COMPANY, including, without limitation, any claims: (a) arising from her his terms and conditions of employment, separation from employment, or the employment practices of the COMPANY, including but not limited to claims alleging a violation of personnel policies, benefit plans, procedures, and handbooks; (b) relating to any claims for punitive or compensatory damages; back and/or front pay claims and fringe benefits including bonuses; disability benefits; penalties; interest; or payment of any attorneys’ fees, costs or expenses for him; (c) arising under Title VII of the Civil Rights Act of 1964, as amended, the Civil Rights Act of 1866, the Americans with Disabilities Act, the Age Discrimination in Employment Act (“ADEA”), the Older Workers’ Benefits Protection Act, the Family Medical Leave Act, the Fair Labor Standards Act, the Equal Pay Act, the Occupational Safety and Health Act, the Consolidated Omnibus Reconciliation Act, the Genetic Information Nondiscrimination Act, the Uniformed Services Employment and Re­ Re-Employment Rights Act, Texas Commission on Human Rights Act/Texas Employment Discrimination Law, Texas Disability Discrimination Law, Texas whistleblower protection statute, Texas Minimum Wage Act, Texas wage payment Jaw, Minnesota Human Rights Act, as amended, Minn. Stat. § 363A.O l et seq., Minnesota Equal Pay for Equal Work Law, as amended, Minn. Stat.§ 181.66 et seq., Minnesota’s law prohibiting discrimination based on age, Minn. Stat. § 181.81 et seq., Minnesota Nonwork Activities Law, Minn. Stat.§ 181.938; Minnesota Whistleblower Law, Minn. Stat.§ 181.931 et seq., Minnesota Parenting Leave Law, Minn. Stat. § 181.940 et seq.law, state and local human rights and/or discrimination laws, state and local wage and hour laws, state and local equal pay laws, state and local leave laws, state and local whistleblower laws, state and local unfair competition laws, and claims alleging discrimination or harassment or aider and abettor liability on the basis of pregnancy, age, race, color, gender (including sexual harassment), national origin, ancestry, disability, medical condition, genetic information, religion, sexual orientation, marital status, caregiver status, parental status, veteran status, source of income, entitlement to benefits, union activities, or any other status protected by local, state or federal laws, constitutions, regulations, ordinances or executive orders; and, (d) based on any express or implied contract or covenant of good faith and fair dealing, tort, common law, negligence, constitutional, statutory, whistleblower, public policy, personal injury, invasion of privacy, defamation, emotional distress, retaliation, detrimental reliance, or wrongful discharge theory. EXECUTIVE expressly understands that among the various rights and claims being released and waived in this Agreement are those arising under the Age Discrimination in Employment Act (“ADEA’’”). This general release does not cover rights or claims under the ADEA arising after she he signs this Agreement. Notwithstanding anything to the contrary herein, this Agreement and EXECUT1VEExecutive’s separation from the COMPANY Company shall not preclude EXECUTIVE Executive from participating in any equity or option purchases between the COMPANY Company and its shareholders.