Common use of Release of Claims and Covenant Not to Xxx Clause in Contracts

Release of Claims and Covenant Not to Xxx. As a material inducement to the Administrative Agent and the Lenders to enter into this Amendment and to grant the concessions to the Amendment Parties reflected herein, all in accordance with and subject to the terms and conditions of this Amendment, and all of which are to the direct advantage and benefit of the Amendment Parties, each Amendment Party for itself and its successors and assigns, (a) does hereby remise, release, acquit, satisfy and forever discharge the Administrative Agent and the Lenders, and all of the past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and the Lenders (each a “Releasee”), from any and all manner of debts, accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action of any nature whatsoever, whether at law or in equity, either now accrued or hereafter maturing and whether known or unknown, which such Amendment Party or the Amendment Parties now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to and including the date of this Amendment, including specifically, but without limitation, matters arising out of, in connection with or relating to (i) the Obligations, (ii) the Credit Documents or the obligations evidenced thereby, including, but not limited to, the administration or funding thereof, and (iii) any other agreement or transaction between the Amendment Parties or such Amendment Party and the Administrative Agent or the Lenders or any subsidiary or affiliate of such parties relating to the Credit Documents; and (b) does hereby covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against the Administrative Agent and the Lenders or any subsidiaries or affiliates, or any of its past, present or future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns of the Administrative Agent or the Lenders, by reason of or in connection with any of the foregoing matters, claims or causes of action; provided, however, that the foregoing release and covenant not to xxx shall not apply to any claims arising after the date of this Amendment with respect to acts, occurrences or events after the date of this Amendment. If any Amendment Party, or any of its heirs, successors, assigns or other legal representatives, violates the foregoing covenant, each Amendment Party, for itself and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violation.

Release of Claims and Covenant Not to Xxx. As a material inducement to the Administrative Agent and the Lenders Lender to enter into this Amendment Agreement and to grant the additional concessions to the Amendment Parties Obligors reflected herein, all in accordance with and subject to the terms and conditions of this AmendmentAgreement, and all of which are to the their direct advantage and benefit of the Amendment Partiesbenefit, each Amendment Party for itself Obligors, jointly and its successors and assignsseverally, do hereby: (a) does hereby remise, release, acquit, satisfy and forever discharge the Administrative Agent and the LendersLender, and all of the past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and the Lenders (each a “Releasee”)Lender, from any and all manner of debts, accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action of any nature whatsoever, whether at law or in equity, either now accrued or hereafter maturing and whether known or unknown, which such Amendment Party or the Amendment Parties any Obligor now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to and including the date of this AmendmentAgreement, including specifically, but without limitation, matters arising out of, in connection with or relating to (i) the Obligations, (ii) the Credit Loan Documents or the obligations evidenced thereby, including, but not limited to, the administration or funding thereof, and (iii) any other relationship, agreement or transaction between the Amendment Parties or such Amendment Party any Obligor and the Administrative Agent or the Lenders Lender or any subsidiary of their respective subsidiaries or affiliate of such parties relating to the Credit Documentsaffiliates; and (b) does hereby covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against the Administrative Agent and the Lenders Lender or any subsidiaries or affiliatesaffiliates of Lender, or any of its past, present or future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns of the Administrative Agent or the Lendersassigns, by reason of or in connection with any of the foregoing matters, claims or causes of action; , provided, however, that the foregoing release and covenant not to xxx shall not apply to any claims arising after out of the date performance of this Amendment Agreement with respect to acts, occurrences or events transpiring after the date of this Amendment. If any Amendment Party, or any of its heirs, successors, assigns or other legal representatives, violates the foregoing covenant, each Amendment Party, for itself and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violationAgreement.

Release of Claims and Covenant Not to Xxx. As a material inducement A. In further consideration for the amounts to be paid by the Administrative Agent and the Lenders Company to enter into this Amendment and to grant the concessions to the Amendment Parties reflected hereinExecutive hereunder, all in accordance with and subject to the terms and conditions of this Amendment, and all of which are to the direct advantage and benefit of the Amendment Parties, each Amendment Party for itself and its successors and assigns, (a) Executive does hereby remise, release, acquit, satisfy release and forever discharge the Administrative Agent Company and each Affiliate and their respective directors, officers, executives, shareholders, agents (including, but not limited to, accountants and attorneys) (such individuals, the Company and the Lenders, and Affiliates are hereunder collectively referred to as "Released Parties") from all of the past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and the Lenders (each a “Releasee”), from any and all manner of debts, accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action and liabilities of any nature every kind and description whatsoever, whether at law or in equity, either now accrued or hereafter maturing known and whether known or unknown, foreseen and unforeseen, suspected and unsuspected, asserted or unasserted, which such Amendment Party or the Amendment Parties now Executive has or hereafter can, shall or may have against them or any of them by reason of any matterfact, cause matter or thing, thing from the beginning of the world to and including the date of this AmendmentAgreement, including specifically, but without limitation, matters arising out with the sole exception of, in connection with or relating to : (i) claims arising out of the Obligations, breach of any of Company's obligations under this Agreement; (ii) payment of medical claims in accordance with the Credit Documents terms of the Company's insurance policy for services rendered prior to February 2, 2002; and (iii) payments due Executive under the Company's 401(k) Plan (collectively, the "Retained Claims"). Without limiting the generality of the preceding sentence, Executive does hereby release the Released Parties from all claims, causes of action and liabilities arising from or relating to: (i) his employment or other association with the obligations evidenced therebyCompany or with any Affiliate; (ii) any right which Executive has, includinghad or may have had to receive any sum of money of the Company or of any Affiliate; (iii) any rights or claims which Executive may have against the Company or any Affiliate for any cause whatsoever; (iv) any claims for salary, bonuses, vacation pay, fringe benefits, director's fees, business expenses and allowances or severance pay; (v) claims based on oral or written contracts; (vi) claims arising under any federal or state statutes, including but not limited to, claims asserting discrimination on account of age, race, color, sex, religion, national origin or veteran or handicap status and claims under the administration or funding thereofAge Discrimination in Employment Act of 1967 ("ADEA"), and (iii) any other agreement or transaction between as amended, ERISA, Title VII of the Amendment Parties or such Amendment Party 1964 Civil Rights Act and the Administrative Agent Older Worker Benefit Protection Act; (vii) claims for damages for breach of contract or the Lenders implied contract; (viii) claims based on personal injury, including without limitation, infliction of emotional distress; (ix) wrongful termination or any subsidiary breach of covenant of good faith and fair dealing; (x) claims asserting defamation, interference with contract or affiliate of such parties relating to the Credit Documentsbusiness relationships or promissory estoppel; and (bxi) does hereby covenant claims relating to Executive's ownership, acquisition and/or sale of Company stock. Executive covenants and agree agrees that he will never to assert a claim or institute or any cause to be instituted or continue prosecution of any suit or other form of action or proceeding file a charge based on claims, causes of any action and liabilities of every kind and description whatsoever, known and unknown, foreseen and unforeseen, suspected and unsuspected, asserted or nature whatsoever unasserted, which Executive has or may have against the Administrative Agent and the Lenders or Company, any subsidiaries or affiliatesAffiliate, or any of its past, present or future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns of the Administrative Agent or the Lenders, other Released Party by reason of any fact, matter or in connection thing from the beginning of the world to the date of this Agreement (except for Retained Claims) with any court of law or administrative tribunal, and further agrees that should he violate the foregoing matterscovenant not to xxx by asserting a claim, claims instituting an action or causes filling a charge against the Company, any Affiliates, or any other Released Party which is prohibited under this Agreement, Executive will pay all of action; providedCompany's costs and expenses (including, howeverwithout limitation, attorneys' fees) of defending against the suit incurred by the Company or any other Released party. Executive acknowledges and agrees that the monetary benefits provided in this Agreement constitute sufficient consideration for the Release and Covenant Not to Xxx contained herein, that there are substantial benefits to Executive, and Executive further acknowledges that he has voluntarily and knowingly entered into this Agreement with an understanding of its terms and meanings. Executive acknowledges that the foregoing Company has notified him that, under federal law: (i) Executive has twenty-one (21) days from the date of receipt by Executive of this Agreement to consider and release and covenant not to xxx shall not apply to any claims arising after the date of this Amendment solely with respect to acts, occurrences or events after claims arising under the date ADEA; and (ii) the release of claims and covenant not to xxx under the ADEA are not enforceable for a period of seven (7) days following the execution by Executive of this AmendmentAgreement ("ADEA Waiting Period") and may be revoked by Executive during such time. If any Amendment Party, or Revocation of the release of claims under ADEA may be effected by Executive solely by notifying the Company in writing of his revoke and delivering such notice to the Company within the aforesaid ADEA Waiting Period. Such revocation shall not affect any of its heirs, successors, assigns or the other legal representatives, violates the foregoing covenant, each Amendment Party, for itself terms and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result provisions of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violationthis Agreement.

Release of Claims and Covenant Not to Xxx. As a material inducement A. In further consideration for the amounts to be paid by the Administrative Agent and the Lenders Company to enter into this Amendment and to grant the concessions to the Amendment Parties reflected hereinExecutive hereunder, all in accordance with and subject to the terms and conditions of this Amendment, and all of which are to the direct advantage and benefit of the Amendment Parties, each Amendment Party for itself and its successors and assigns, (a) Executive does hereby remise, release, acquit, satisfy release and forever discharge the Administrative Agent Company and its respective directors, officers, executives, shareholders, agents (including, but not limited to, accountants and attorneys) (such individuals and the Lenders, and Company are hereunder collectively referred to as "Released Parties") from all of the past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and the Lenders (each a “Releasee”), from any and all manner of debts, accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action and liabilities of any nature every kind and description whatsoever, whether at law or in equity, either now accrued or hereafter maturing known and whether known or unknown, foreseen and unforeseen, suspected and unsuspected, asserted or unasserted, which such Amendment Party or the Amendment Parties now Executive has or hereafter can, shall or may have against them or any of them by reason of any matterfact, cause matter or thing, thing from the beginning of the world to and including the date of this AmendmentAgreement, including specifically, but without limitation, matters arising out with the sole exception of, in connection with or relating to : (i) claims arising out of the Obligations, breach of any of Company's obligations under this Agreement; and (ii) payments due Executive under the Credit Documents Company's 401k plan (collectively, the "Retained Claims"). Without limiting the generality of the preceding sentence, Executive does hereby release the Released Parties from all claims, causes of action and liabilities arising from or relating to: (i) his employment or other association with the obligations evidenced therebyCompany; (ii) any right which Executive has, includinghad or may have had to receive any sum of money of the Company; (iii) any rights or claims which Executive may have against the Company for any cause whatsoever; (iv) any claims for salary, bonuses, vacation pay, fringe benefits, director's fees, business expenses and allowances or severance pay; (v) claims based on oral or written contracts; (vi) claims arising under any federal or state statutes, including but not limited to, claims asserting discrimination on account of age, race, color, sex, religion, national origin or veteran or handicap status and claims under the administration or funding thereofAge Discrimination in Employment Act of 1967 ("ADEA"), and (iii) any other agreement or transaction between as amended, ERISA, Title VII of the Amendment Parties or such Amendment Party 1964 Civil Rights Act and the Administrative Agent Older Worker Benefit Protection Act; (vii) claims for damages for breach of contract or the Lenders implied contract; (viii) claims based on personal injury, including without limitation, infliction of emotional distress; (ix) wrongful termination or any subsidiary breach of covenant of good faith and fair dealing; (x) claims asserting defamation, interference with contract or affiliate of such parties relating to the Credit Documentsbusiness relationships or promissory estoppel; and (bxi) does hereby covenant and agree never claims relating to institute or cause to be instituted or continue prosecution Executive's ownership, acquisition and/or sale of any suit or other form of action or proceeding of any kind or nature whatsoever against the Administrative Agent and the Lenders or any subsidiaries or affiliates, or any of its past, present or future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns of the Administrative Agent or the Lenders, by reason of or in connection with any of the foregoing matters, claims or causes of action; providedCompany stock. Provided, however, that in order not to lose the benefit of any applicable D&O or other insurance, Executive does not waive any claims that could be made in or through subrogation by Executive (and/or any applicable insurer) against Company in the event that a third party brings suit against the Company and/or Executive. Executive covenants and agrees that he will never assert a claim or institute any cause of action or file a charge based on claims, causes of action and liabilities of every kind and description whatsoever, known and unknown, foreseen and unforeseen, suspected and unsuspected, asserted or unasserted, which Executive has or may have against the Company or any other Released Party by reason of any fact, matter or thing from the beginning of the world to the date of this Agreement (except for Retained Claims) with any court of law or administrative tribunal, and further agrees that should he violate the foregoing covenant not to xxx by asserting a claim, instituting an action or filling a charge against the Company or any other Released Party which is prohibited under this Agreement, Executive will pay all of the Company's or other Released Party's costs and expenses (including, without limitation, attorneys' fees) of defending against the suit incurred by the Company or any other Released party. Executive acknowledges and agrees that the monetary benefits provided in this Agreement constitute sufficient consideration for the Release and Covenant Not to Xxx contained herein, that there are substantial benefits to Executive, and Executive further acknowledges that he has voluntarily and knowingly entered into this Agreement with an understanding of its terms and meanings. Executive acknowledges that the Company has notified him that, under federal law: (i) Executive has twenty-one (21) days from the date of receipt by Executive of this Agreement to consider and release and covenant not to xxx shall not apply to any claims arising after the date of this Amendment solely with respect to acts, occurrences or events after claims arising under the date ADEA; and (ii) the release of claims and covenant not to xxx under the ADEA are not enforceable for a period of seven (7) days following the execution by Executive of this AmendmentAgreement ("ADEA Waiting Period") and may be revoked by Executive during such time. Revocation of the release of claims under ADEA may be effected by Executive solely by notifying the Company in writing of his revoke and delivering such notice to the Company within the aforesaid ADEA Waiting Period. If any Amendment Party, or any of its heirs, successors, assigns or other legal representatives, violates the foregoing covenant, each Amendment Party, for itself and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to Executive delivers such other damages as any Releasee may sustain as a result of such violationrevocation, all attorneys’ fees of the obligations of the Parties hereunder are null and costs incurred by any Releasee as a result void, and of such violationno effect.

Release of Claims and Covenant Not to Xxx. As a material inducement to the Administrative Agent and the Lenders to enter into this Amendment Forbearance Agreement, to continue to make Revolving Credit Loans available and to grant the additional concessions to the Amendment Parties Borrowers reflected herein, all in accordance with and subject to the terms and conditions of this AmendmentForbearance Agreement and the Loan Agreement, and all of which are to the direct advantage and benefit of each Borrower and Guarantor, the Amendment PartiesBorrowers and the Guarantors, each Amendment Party for itself themselves and its their respective successors and assigns, (a) does do hereby remise, release, acquit, satisfy and forever discharge the Administrative Agent and the Lenderseach Lender, and all of the respective past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and the Lenders (each a “Releasee”)Lender, from any and all manner of debts, accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action of any nature whatsoever, whether at law or in equity, either now accrued or hereafter maturing and whether known or unknown, which such Amendment Party any Borrower or the Amendment Parties Guarantor now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to and including the date of this AmendmentForbearance Agreement, including specifically, but without limitation, matters arising out of, in connection with or relating to (i) the Secured Obligations, (ii) the Credit Documents or the obligations evidenced thereby, including, but not limited to, the administration or funding thereof, (ii) the Loan Documents or the indebtedness evidenced and secured thereby, and (iii) any other agreement or transaction between the Amendment Parties Borrowers or such Amendment Party the Guarantors and the Administrative Agent or the Lenders any Lender or any subsidiary or affiliate of such parties relating to the Credit Documentsparties; and (b) does do hereby covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against the Administrative Agent and the Lenders or any Lender or any subsidiaries or affiliatesaffiliates of such parties, or any of its their respective past, present or future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns of the Administrative Agent or the Lendersassigns, by reason of or in connection with any of the foregoing matters, claims or causes of action; , provided, however, that the foregoing release and covenant not to xxx shall not apply to any claims arising after the date of this Amendment Agreement with respect to acts, occurrences or events after the date of this Amendment. If any Amendment Party, or any of its heirs, successors, assigns or other legal representatives, violates the foregoing covenant, each Amendment Party, for itself and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violationAgreement.

Release of Claims and Covenant Not to Xxx. As a material inducement to the Administrative Agent and the Lenders Lender to enter into this Amendment Agreement and to grant the concessions to the Amendment Parties Saker reflected herein, all in accordance with and subject to the terms and conditions of this AmendmentAgreement, and all of which are to for the direct advantage and benefit of the Amendment PartiesSaker, each Amendment Party for itself and its successors and assigns, Saker (a) does hereby remise, release, acquit, satisfy and forever discharge the Administrative Agent and the LendersLender, and all of the past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and the Lenders (each a “Releasee”)Lender, from any and all manner of debts, accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action of any nature whatsoever, whether at law or in equity, either now accrued or hereafter maturing and whether known or unknown, which such Amendment Party or the Amendment Parties Saker now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to and including the date of this AmendmentAgreement, including specifically, but without limitation, matters arising out of, in connection with or relating to (i) the Obligations, (iii) the Credit Loan Documents or the obligations evidenced thereby, including, but not limited to, the administration or funding thereof, and (iiiii) any other relationship, agreement or transaction between the Amendment Parties or such Amendment Party Saker and the Administrative Agent or the Lenders Lender or any subsidiary of their respective subsidiaries or affiliate of such parties relating to the Credit Documentsaffiliates; and (b) does hereby covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against the Administrative Agent and the Lenders Lender or any subsidiaries or affiliatesaffiliates of Lender, or any of its past, present or future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns of the Administrative Agent or the Lendersassigns, by reason of or in connection with any of the foregoing matters, claims or causes of action; , provided, however, that the foregoing release and covenant not to xxx shall not apply to any claims arising after the date of this Amendment Agreement with respect to acts, occurrences or events after the date of this Amendment. If any Amendment Party, or any of its heirs, successors, assigns or other legal representatives, violates the foregoing covenant, each Amendment Party, for itself and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violationAgreement.

Release of Claims and Covenant Not to Xxx. As a material inducement to (a) In exchange for the Administrative Agent Company providing Executive with the payments described in this Agreement, Executive, on her own behalf and on behalf of her heirs, executors, personal representatives, administrators, agents and assigns, forever waives, releases, gives up and discharges all waivable claims, real or perceived, whether accrued or unaccrued, liquidated or contingent, and now known or unknown, against the Lenders to enter into this Amendment Company, its parent, affiliated and to grant the concessions to the Amendment Parties reflected hereinrelated companies, all of its and their employee benefit plans and trustees, fiduciaries, administrators, sponsors and parties-in-interest of those plans, all of its and their past and present employees, managers, directors, officers, administrators, shareholders, members, investors, agents, attorneys, insurers, re-insurers and contractors acting in accordance any capacity whatsoever (whether individually or in an official capacity on behalf of the Company), and all of its and their respective predecessors, heirs, personal representatives, successors and assigns (collectively, the “Released Parties” as used throughout this Agreement), based on, related to, or arising from any event that has occurred before the date she signs this Agreement and based upon, related to or arising out of or in any way concerning her employment with and subject to the Company, the terms, conditions or privileges of her employment with the Company, her separation from employment with the Company, the terms and conditions of this Amendmenther Employment Agreement dated July 1, 2013, her Amended and Restated Employment Agreement effective as of April 25, 2016 and the Addendum to the same dated June 17, 2019, and all of which are to the direct advantage and benefit of the Amendment Parties, each Amendment Party for itself and its successors and assigns, (a) does hereby remise, release, acquit, satisfy and forever discharge the Administrative Agent and the Lenders, and all of the past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and the Lenders (each a “Releasee”), from any and all manner violations and/or alleged violations of debtsfederal, accountingsstate or local human rights laws, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action of fair employment practices and/or other laws by any nature whatsoever, whether at law or in equity, either now accrued or hereafter maturing and whether known or unknown, which such Amendment Party or the Amendment Parties now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to Released Parties for any reason and including the date of this Amendment, including specifically, but without limitation, matters arising out of, in connection with or relating to (i) the Obligations, (ii) the Credit Documents or the obligations evidenced thereby, under any legal theory including, but not limited to, those arising or which may be arising under, as applicable, Title VII of the administration Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), the Older Worker Benefit Protection Act (“OWBPA”), the Employee Retirement Income Security Act of 1974 (“ERISA”), the Employee Polygraph Protection Act, the Worker Adjustment and Retraining Notification Act (“WARN”), the Civil Rights Act of 1991, the Family and Medical Leave Act (“FMLA”), the Fair Labor Standards Act (“FLSA”), the Equal Pay Act of 1963 (“EPA”), the Xxxxx Xxxxxxxxx Fair Pay Act of 2010 (“Fair Pay Act”), the Genetic Information Nondiscrimination Act of 2008 (“XXXX”), the Rehabilitation Act, the Employee Polygraph Protection Act, the Electronic Communication Privacy Act, the Computer Fraud & Abuse Act, the Health Insurance Portability & Accountability Act, the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), the Occupational Safety and Health Act (“OSHA”), the Xxxxxxxx-Xxxxx Act of 2002, the Fair Credit Reporting Act (“FCRA”), the National Labor Relations Act (“NLRA”), the Labor Management Relations Act (“NLRA”), the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), the Civil Rights Act of 1991, 42 U.S.C. §§ 1981, 1983, 1985, 1986 and 1988), the Florida Civil Rights Act of 1992, the Florida Whistleblower Protection Act, the Florida Equal Pay Act, the Florida Uniformed Service Members’ Protection Act, the Florida National Reserves Act, the Florida Domestic or funding thereofSexual Violence Leave Law, the Florida Minimum Wage Act, all Florida Wage and Hour Laws, the Florida Civil Rights Act, Florida Statutes Chapters 440 or 448, the Pennsylvania Wage Payment & Collection Law, the Pennsylvania Human Relations Act, the Pennsylvania Labor Relations Act, the Pennsylvania Equal Pay Law, the Pennsylvania Minimum Wage Act, the Pennsylvania Workers’ Compensation Act, and (iii) any all other agreement federal, state or transaction between the Amendment Parties or such Amendment Party and the Administrative Agent or the Lenders or any subsidiary or affiliate of such parties relating to the Credit Documents; and (b) does hereby covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against the Administrative Agent and the Lenders or any subsidiaries or affiliateslocal laws, statutes, regulations, rules, ordinances, or any orders, as they may be amended. Executive also forever waives, releases, discharges and gives up all claims, real or perceived and now known or unknown, for breach of its pastimplied or express contract, present or future officersbreach of promise, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns breach of the Administrative Agent covenant of good faith and fair dealing, misrepresentation, negligence, fraud, estoppel, defamation, libel, misrepresentation, intentional infliction of emotional distress, violation of public policy, invasion of privacy, wrongful, retaliatory or the Lendersconstructive discharge, by reason of or in connection with any of the foregoing mattersassault, battery, false imprisonment, negligence, and all other claims or causes of action; providedtorts arising under any federal, however, that the foregoing release and covenant not to xxx shall not apply to any claims arising after the date of this Amendment with respect to acts, occurrences or events after the date of this Amendment. If any Amendment Partystate, or any of its heirslocal law, successorsregulation, assigns ordinance or other legal representativesjudicial decision, violates or under the foregoing covenantUnited States, each Amendment Party, for itself Pennsylvania and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violationFlorida Constitutions.

Release of Claims and Covenant Not to Xxx. As a material inducement to the Administrative Agent and the Lenders to enter into this Amendment and to grant the concessions to the Amendment Parties reflected hereinGrantee, all in accordance with and subject to the terms and conditions of this Amendment, and all of which are to the direct advantage and benefit of the Amendment Parties, each Amendment Party for itself and its successors and assigns, i) agrees and covenants not to xxx Grantor Related Parties (aas defined below) does hereby remisefor any and all Claims (as defined below), release, and ii) agrees to acquit, satisfy release and forever discharge the Administrative Agent and the Lenders, and all of the past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and the Lenders (each a “Releasee”), Grantor Related Parties from any and all manner Claims, in both cases, that arise out of debtsor relate to, accountingsin any way, bondsthe condition, warrantiesownership, representationsuse, covenantsmaintenance or operation of the Property at any time, promiseswhether before, contractson or after the Effective Date, controversiesno matter how or when caused, agreementswhether known or unknown, liabilitiesthat are asserted or made by any person or entity, obligationswhether public or private, expensesunder any Law. As used herein, damagesthe term “Law” means any statute, judgmentslaw, executionsrule, actionsregulation or ordinance, claimswhether federal, demands and causes of action of any nature whatsoeverstate or local, whether at law or in equity, either now accrued whether by statute, common law, administrative or hereafter maturing and regulatory proceeding or otherwise, whether known based on the negligence, gross negligence, strict liability, willful misconduct or unknown, which such Amendment Party or the Amendment Parties now has or hereafter can, shall or may have by reason other conduct of any matterparty hereto or otherwise, cause or thing, from the beginning to include without limitation and by way of the world to and including the date of this Amendment, including specifically, but without limitation, matters arising out of, in connection with or relating to (i) the Obligations, (ii) the Credit Documents or the obligations evidenced thereby, including, but not limited toexample only, the administration or funding thereofComprehensive Environmental Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act, the Clean Air Act, the Safe Drinking Water Act, and the Clean Water Act, or similar or counterpart state statutes. As used herein, the term “Claims” means any and all losses, damages, claims, demands, liabilities, suits, causes of action, cross-claims or counterclaims; any and all rights of contribution, subrogation, indemnity or reimbursement; any and all liens, payments, penalties or fines (iiicivil or criminal) or taxes; and any and all expenses, costs or fees, to include without limitation and by way of example only, attorneys’ and expert witness fees and court costs, and any other agreement or transaction between the Amendment Parties or such Amendment Party and the Administrative Agent or the Lenders or any subsidiary or affiliate of such parties relating to the Credit Documents; and (b) does hereby covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding charges of any kind or nature whatsoever against the Administrative Agent and the Lenders or any subsidiaries or whatsoever. The term “Grantor Related Parties” includes Grantor, its parent, affiliates, or any of its past, present or future officers, directorssubsidiaries, employees, agentsofficers, attorneys, directors and agents and all their respective representatives, participants, heirs, successors or assigns of the Administrative Agent or the Lenders, and assigns. Any and all Claims not herein released by reason of or Grantee are hereby irrevocably and without recourse assigned and transferred in connection with any of the foregoing matters, claims or causes of action; provided, however, that the foregoing release and covenant not full to xxx shall not apply to any claims arising after the date of this Amendment with respect to acts, occurrences or events after the date of this Amendment. If any Amendment Party, or any of its heirs, successors, assigns or other legal representatives, violates the foregoing covenant, each Amendment Party, for itself and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violationGrantor.

Release of Claims and Covenant Not to Xxx. As a material inducement to the Administrative Agent Agents and the Lenders to enter into this Amendment and to grant the concessions continue to the Amendment Parties reflected hereinmake Revolving Loans available, all in accordance with and subject to the terms and conditions of this AmendmentAmendment and the Credit Agreement, and all of which are to the direct advantage and benefit of each Borrower, the Amendment PartiesBorrowers, each Amendment Party for itself themselves and its their respective successors and assigns, (a) does do hereby remise, release, acquit, satisfy and forever discharge the Administrative each Agent and the Lenderseach Lender, and all of the respective past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative each Agent and the Lenders (each a “Releasee”)Lender, from any and all manner of debts, accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action of any nature whatsoever, whether at law or in equity, either now accrued or hereafter maturing and whether known or unknown, which such Amendment Party or the Amendment Parties any Borrower now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to and including the date of this Amendment, including specifically, but without limitation, matters arising out of, in connection with or relating to (i) the Obligations, (ii) the Credit Documents or the obligations evidenced thereby, including, but not limited to, the administration or funding thereof, (ii) the Loan Documents or the indebtedness evidenced and secured thereby, and (iii) any other agreement or transaction between the Amendment Parties or such Amendment Party Borrowers and the Administrative either Agent or the Lenders any Lender or any subsidiary or affiliate of such parties relating to the Credit Documentsparties; and (b) does do hereby covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against the Administrative either Agent and the Lenders or any Lender or any subsidiaries or affiliatesaffiliates of such parties, or any of its their respective past, present or future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns of the Administrative Agent or the Lendersassigns, by reason of or in connection with any of the foregoing matters, claims or causes of action; , provided, however, that the foregoing release and covenant not to xxx shall not apply to any claims arising after the date of this Amendment with respect to acts, occurrences or events after the date of this Amendment. If any Amendment Party, or any including without limitation commitments and obligations under the Loan Documents that arise after the date of its heirs, successors, assigns or other legal representatives, violates the foregoing covenant, each Amendment Party, for itself and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violationthis Amendment.

Release of Claims and Covenant Not to Xxx. As a material inducement to the Administrative Agent and the Lenders each Lender to enter into this Amendment and to grant the concessions to the Amendment Parties reflected herein, all in accordance with and subject to the terms and conditions of this Amendment, Borrower, for and all on behalf of which are to the direct advantage and benefit of the Amendment Parties, each Amendment Party for itself and its respective successors and assignsassigns and Affiliates, (a) does hereby remise, release, acquit, satisfy and forever discharge the Administrative Agent and the Lenderseach Lender and each of their Affiliates, and all of the past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and each Lender and each of their Affiliates (collectively, the Lenders (each a “Releasee”"Released Parties"), from any and all manner of debts, accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action of any nature whatsoever, whether at law or in equity, either whether now accrued or hereafter maturing and whether known or unknown, which such Amendment Party Borrower or the Amendment Parties any of its successors, assigns or Affiliates now has or hereafter can, shall or may have by reason of any action, inaction, matter, cause or thing, from the beginning of the world occurring on or prior to and including the date of this Amendment, including specifically, but without limitation, matters arising out of, in connection with or relating to (i) the Obligations, (ii) the Credit Documents Collateral or the obligations evidenced therebyObligations, including, but not limited to, the administration or funding thereof, (ii) the Loan Documents (or any of the transactions contemplated thereby) or the indebtedness evidenced and secured thereby, and (iii) any other agreement or transaction between Borrower, the Amendment Parties or such Amendment Party and the Administrative Agent or the Lenders Agent, and/or any Lender or any subsidiary or affiliate of such parties relating to the Credit Loan Documents; and (b) does hereby covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against the Administrative Agent and the Lenders or any subsidiaries or affiliates, or any of its past, present or future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns of the Administrative Agent or the LendersReleased Party, by reason of or in connection with any of the foregoing matters, claims or causes of action; , provided, however, that the foregoing release and covenant not to xxx shall not apply to any claims arising after the date of this Amendment with respect to acts, occurrences acts or events that occur after the date of this Amendment. If any Amendment Party, or any of its heirs, successors, assigns or other legal representatives, violates the foregoing covenant, each Amendment Party, for itself and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violation.

Release of Claims and Covenant Not to Xxx. As a material inducement to the Administrative Agent and the Lenders Lender to enter into this Amendment Agreement and to grant the additional concessions to the Amendment Parties Obligors reflected herein, all in accordance with and subject to the terms and conditions of this AmendmentAgreement, and all of which are to the their direct advantage and benefit of the Amendment Partiesbenefit, each Amendment Party for itself Obligors, jointly and its successors and assignsseverally, do hereby: (a) does hereby remise, release, acquit, satisfy and forever discharge the Administrative Agent and the LendersLender, and all of the past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and the Lenders (each a “Releasee”)Lender, from any and all manner of debts, accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action of any nature whatsoever, whether at law or in equity, either now accrued or hereafter maturing and whether known or unknown, which such Amendment Party or the Amendment Parties any Obligor now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to and including the date of this AmendmentAgreement, including specifically, but without limitation, matters arising out of, in connection with or relating to (i) the Obligations, (ii) the Credit Loan Documents or the obligations evidenced thereby, including, but not limited to, the administration or funding thereof, and (iii) any other relationship, agreement or transaction between the Amendment Parties or such Amendment Party any Obligor and the Administrative Agent or the Lenders Lender or any subsidiary of their respective subsidiaries or affiliate of such parties relating to the Credit Documentsaffiliates; and (b) does hereby covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against the Administrative Agent and the Lenders Lender or any subsidiaries or affiliatesaffiliates of Lender, or any of its past, present or future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns of the Administrative Agent or the Lendersassigns, by reason of or in connection with any of the foregoing matters, claims or causes of action; , provided, however, that the foregoing release and covenant not to xxx shall not apply to any claims arising after the date of this Amendment Agreement with respect to acts, occurrences or events after the date of this Amendment. If any Amendment Party, or any of its heirs, successors, assigns or other legal representatives, violates the foregoing covenant, each Amendment Party, for itself and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violationAgreement.

Release of Claims and Covenant Not to Xxx. As a material inducement to the Administrative Agent and the Lenders to enter into this Amendment Forbearance Agreement, to continue to make Revolving Credit Loans available and to grant the additional concessions to the Amendment Parties Borrowers reflected herein, all in accordance with and subject to the terms and conditions of this AmendmentForbearance Agreement and the Loan Agreement, and all of which are to the direct advantage and benefit of each Borrower and Guarantor, the Amendment PartiesBorrowers and the Guarantors, each Amendment Party for itself themselves and its their respective successors and assigns, (a) does do hereby remise, release, acquit, satisfy and forever discharge the Administrative Agent and the Lenderseach Lender, and all of the respective past, present and future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors and assigns of the Administrative Agent and the Lenders (each a “Releasee”)Lender, from any and all manner of debts, accountings, bonds, warranties, representations, covenants, promises, contracts, controversies, agreements, liabilities, obligations, expenses, damages, judgments, executions, actions, claims, demands and causes of action of any nature whatsoever, whether at law or in equity, either now accrued or hereafter maturing and whether known or unknown, which such Amendment Party any Borrower or the Amendment Parties Guarantor now has or hereafter can, shall or may have by reason of any matter, cause or thing, from the beginning of the world to and including the date of this AmendmentForbearance Agreement, including specifically, but without limitation, matters arising out of, in connection with or relating to (i) the Secured Obligations, (ii) the Credit Documents or the obligations evidenced thereby, including, but not limited to, the administration or funding thereof, (ii) the Loan Documents or the indebtedness evidenced and secured thereby, and (iii) any other agreement or transaction between the Amendment Parties Borrowers or such Amendment Party the Guarantors and the Administrative Agent or the Lenders any Lender or any subsidiary or affiliate of such parties relating to the Credit Loan Documents; and (b) does do hereby covenant and agree never to institute or cause to be instituted or continue prosecution of any suit or other form of action or proceeding of any kind or nature whatsoever against the Administrative Agent and the Lenders or any Lender or any subsidiaries or affiliatesaffiliates of such parties, or any of its their respective past, present or future officers, directors, employees, agents, attorneys, representatives, participants, heirs, successors or assigns of the Administrative Agent or the Lendersassigns, by reason of or in connection with any of the foregoing matters, claims or causes of action; , provided, however, that the foregoing release and covenant not to xxx shall not apply to any claims arising after the date of this Amendment Agreement with respect to acts, occurrences or events after the date of this Amendment. If any Amendment Party, or any of its heirs, successors, assigns or other legal representatives, violates the foregoing covenant, each Amendment Party, for itself and its heirs, successors, assigns and legal representatives, jointly and severally agrees to pay, in addition to such other damages as any Releasee may sustain as a result of such violation, all attorneys’ fees and costs incurred by any Releasee as a result of such violationAgreement.