Common use of Release of Claims by Employee Clause in Contracts

Release of Claims by Employee. In consideration of the amounts paid and to be paid by Company and the other agreements made by Company under this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Employee, Employee knowingly, voluntarily and unconditionally hereby forever waives, releases and discharges, and covenants never to sue on, any and all claims, liabilities, causes of actions, judgments, orders assessments, penalties, fines, expenses and costs (including without limitation attorneys' fees) and/or suits of any kind arising out of any actions, events or circumstances before the date of execution of this Agreement ("Employee Claims") which Employee has, ever had or may have, including, without limitation, any Employee Claims arising in whole or in part from Employee's employment or the termination of Employee's employment with the Company or the manner of said termination. This Agreement is intended as a full and final settlement and compromise of each, every and all Employee Claims of every kind and nature, whether known or unknown, which have been or could be asserted against Company and/or any of its present and former subsidiaries, together with their respective past and present shareholders, officers, directors, agents, and employees, and their respective heirs, successors and assigns (collectively, the "Company Releasees"), including, without limitation -- (1) any Employee Claims arising out of the Employment Agreement or any other employment agreement or other contract, side-letter, resolution, promise or understanding of any kind, whether written or oral or express or implied; (2) any Employee Claims arising under the Age Discrimination in Employment Act ("ADEA"), as amended, 29 U.S.C. Sections 621 et seq.; and (3) any Employee Claims arising under any federal, state, or local civil rights, human rights, anti-discrimination, labor, employment, contract or tort law, rule, regulation, order or decision, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 et seq., the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Sections 1001 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000e et seq., THE LOUISIANA EMPLOYMENT DISCRIMINATION LAW, LSA-R.S. 23:301 ET SEQ., LSA-R.S. 23:967 AND LA. CIV. CODE ART. 2315 and as each of these laws have been or will be amended. Notwithstanding anything to the contrary in this Paragraph 2.6, Employee does not release any claim that she may have now or in future under this Agreement.

Release of Claims by Employee. In exchange for the consideration provided to Employee by this Amendment that he is not otherwise entitled to receive, including the consideration set forth in Section 1(b) above, Employee, on his own behalf and on behalf of his respective heirs, family members, executors, agents, and assigns, hereby and forever releases the Company and its current and former officers, directors, employees, agents, investors, attorneys, shareholders, administrators, affiliates, benefit plans, plan administrators, insurers, trustees, divisions, and subsidiaries, and predecessor and successor corporations and assigns (collectively, the “Company Releasees”) from, and agrees not to xxx concerning, or in any manner to institute, prosecute, or pursue, any claim, complaint, charge, duty, obligation, demand, or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Employee may possess against any of the amounts paid Company Releasees arising from any omissions, acts, facts, or damages that have occurred up until and including the Termination Date, including, without limitation: a. any and all claims relating to be paid by or arising from Employee’s employment relationship with the Company and the other agreements made by Company under this Agreement, and for other good and valuable consideration, the receipt and sufficiency termination of which are hereby acknowledged by Employee, Employee knowingly, voluntarily and unconditionally hereby forever waives, releases and discharges, and covenants never to sue on, that relationship; b. any and all claimsclaims relating to, liabilitiesor arising from, causes Employee’s right to purchase, or actual purchase of actions, judgments, orders assessments, penalties, fines, expenses and costs (including without limitation attorneys' fees) and/or suits shares of any kind arising out stock of any actions, events or circumstances before the date of execution of this Agreement ("Employee Claims") which Employee has, ever had or may haveCompany, including, without limitation, any Employee Claims arising in whole claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or in part from Employee's employment or the termination of Employee's employment with the Company or the manner of said termination. This Agreement is intended as a full and final settlement and compromise of each, every federal law; c. any and all Employee Claims claims for wrongful discharge of every kind and nature, whether known or unknown, which have been or could be asserted against Company and/or any employment; termination in violation of its present and former subsidiaries, together with their respective past and present shareholders, officers, directors, agents, and employees, and their respective heirs, successors and assigns (collectively, the "Company Releasees"), including, without limitation -- (1) any Employee Claims arising out public policy; discrimination; harassment; retaliation; breach of the Employment Agreement or any other employment agreement or other contract, side-letterboth express and implied; breach of covenant of good faith and fair dealing, resolution, promise both express and implied; promissory estoppel; negligent or understanding intentional infliction of any kind, whether written emotional distress; fraud; negligent or oral intentional misrepresentation; negligent or express intentional interference with contract or impliedprospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; conversion; and disability benefits; (2) d. any Employee Claims arising under the Age Discrimination in Employment Act ("ADEA"), as amended, 29 U.S.C. Sections 621 et seq.; and (3) any Employee Claims arising under and all claims for violation of any federal, state, or local civil rights, human rights, anti-discrimination, labor, employment, contract or tort law, rule, regulation, order or decisionmunicipal statute, including, without limitationbut not limited to, the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 et seq., the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Sections 1001 et seq., and Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Rehabilitation Act of 1973; the Americans with Disabilities Act of 1990; the Equal Pay Act; the Fair Labor Standards Act; the Fair Credit Reporting Act; the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act; the Employee Retirement Income Security Act of 1974; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Xxxxxxxx-Xxxxx Act of 2002; the Immigration Control and Reform Act; the California Family Rights Act; the California Labor Code; the California Workers’ Compensation Act; and the California Fair Employment and Housing Act; e. any and all claims for violation of the federal or any state constitution; f. any and all claims arising out of any other laws and regulations relating to employment or employment discrimination; g. any claim for any loss, 42 U.S.C. Sections 2000e et seq.cost, THE LOUISIANA EMPLOYMENT DISCRIMINATION LAWdamage, LSAor expense arising out of any dispute over the non-R.S. 23:301 ET SEQ., LSA-R.S. 23:967 AND LAwithholding or other tax treatment of any of the proceeds received by Employee as a result of the Agreement; and h. any and all claims for attorneys’ fees and costs. CIV. CODE ART. 2315 Employee agrees that the release set forth in this section shall be and remain in effect in all respects as each of these laws have been or will be amended. Notwithstanding anything a complete general release as to the contrary in matters released. This release does not extend to any claims Employee may have for indemnification and/or payment of related expenses under any of the Indemnity Provisions or any applicable law; any rights to continued health insurance coverage or other benefits under COBRA, as amended, or any similar state law; any obligations incurred under this Paragraph 2.6, Employee Amendment; or any claims arising after the Termination Date. This release does not release claims that cannot be released as a matter of law, including, but not limited to, Employee’s right to file a charge with or participate in a charge by the Equal Employment Opportunity Commission, or any claim other local, state, or federal administrative body or government agency that she may have now is authorized to enforce or in future under administer laws related to employment, against the Company (with the understanding that any such filing or participation does not give Employee the right to recover any monetary damages against the Company; Employee’s release of claims herein bars Employee from recovering such monetary relief from the Company). Employee represents that he has made no assignment or transfer of any right, claim, complaint, charge, duty, obligation, demand, cause of action, or other matter waived or released by this AgreementSection 3.

Release of Claims by Employee. a. In exchange for the consideration of the amounts paid and to be paid by Company and the other agreements made by Company under provided in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Employee, Employee knowinglyfor himself and his heirs, voluntarily executors, representatives, agents, and assigns, hereby irrevocably and unconditionally hereby fully and forever waives, releases and dischargesreleases, and covenants never to sue ondischarges the Company, including the Company’s parents, subsidiaries, affiliates, predecessors, successors, and assigns, and each of its and their respective officers, directors, employees, shareholders, and partners, in their corporate and individual capacities (both individually and collectively, the “Released Parties”), from any and all claims, liabilities, charges, obligations, demands, ​ grievances, lawsuits, causes of actionsaction, judgmentsattorney fees, orders assessmentscosts, penaltiesand liabilities of any kind or nature whatsoever, fines, expenses and costs (including without limitation attorneys' fees) and/or suits of any kind arising out of any actionsclaims for contribution, events subrogation, or circumstances before the date of execution of this Agreement indemnification, whether known or unknown ("Employee collectively, “Claims") ”), which Employee has, may have or has ever had as of the Effective Date against the Released Parties in any way related to any way related to the Employee’s hire, benefits, employment, termination, or may haveseparation from employment with the Company (the “Released Claims”). b. The Released Claims include, but are not limited to any and all claims arising under federal, state, or local employment, civil rights, labor, wage and hour, wage payment, back pay or similar laws, including, without limitation, any Employee Claims arising in whole claims of wrongful discharge, breach of express or in part from Employee's employment or the termination of Employee's employment with the Company or the manner of said termination. This Agreement is intended as a full and final settlement and compromise of each, every and all Employee Claims of every kind and nature, whether known or unknown, which have been or could be asserted against Company and/or any of its present and former subsidiaries, together with their respective past and present shareholders, officers, directors, agents, and employees, and their respective heirs, successors and assigns (collectively, the "Company Releasees"), including, without limitation -- (1) any Employee Claims arising out of the Employment Agreement or any other employment agreement or other implied contract, sidefraud, misrepresentation, defamation, whistle-letterblowing or liability in tort, resolutioncommon law claims, promise or understanding claims of any kindkind that may be brought in any court or administrative agency, whether written or oral or express or implied; (2) any Employee Claims claims arising under the Age Discrimination in Employment Act ("ADEA"), as amended, 29 U.S.C. Sections 621 et seq.; and (3) any Employee Claims arising under any federal, state, or local civil rights, human rights, anti-discrimination, labor, employment, contract or tort law, rule, regulation, order or decision, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 et seq., the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Sections 1001 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000e et seq§§ 1981- 1988, the Civil Rights Act of 1991, the Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers’ Benefit Protection Act, the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification Act, the Rehabilitation Act of 1973, the Fair Labor Standards Act, the Executive Retirement Income Security Act, the Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, and all other federal, state or local statutes, ordinances, and regulations. Employee understands that the Released Claims include a release of claims arising under the Age Discrimination in Employment Act. c. Provided, THE LOUISIANA EMPLOYMENT DISCRIMINATION LAWhowever, LSA-R.S. 23:301 ET SEQ., LSA-R.S. 23:967 AND LA. CIV. CODE ART. 2315 and as each of these laws have been or will be amended. Notwithstanding notwithstanding anything to the contrary set forth herein, this Section 2 shall not (i) extend to any obligations of the Company under this Agreement or any claims that cannot be waived under applicable law; (ii) prohibit any claims by Employee for unemployment insurance benefits or worker’s compensation benefits; (iii) prohibit Employee from filing charges with the Equal Employment Opportunity Commission or state anti-discrimination agencies for violation of state or federal employment laws within the jurisdiction of those agencies, except that Employee does specifically waive ​ Employee’s right to personal monetary recovery in connection with such charges; (iv) eliminate any vested rights that Employee may have under any employee pension or welfare benefit plan in which he participated as an employee of the Company; and/or (v) prohibit Employee’s participation in the Company’s employee health benefit plan, as allowed by COBRA and the terms, conditions, and limitations of the plan. In addition, notwithstanding anything to the contrary contained herein, nothing in this Paragraph 2.6Agreement prohibits Employee from reporting possible violations of federal law or regulation to any United States governmental agency or entity in accordance with the provisions of and rules promulgated under Section 21 F of the Securities Exchange Act of 1934 or Section 806 of the Xxxxxxxx- Xxxxx Act of 2002, Employee does not release or any claim that she may have now other whistleblower protection provisions of state or in future under this Agreementfederal law or regulation (including the right to receive an award for information provided to any such government agencies).

Release of Claims by Employee. In Employee agrees that the consideration set forth in the Agreement represents settlement in full of all outstanding obligations owed to Employee by the amounts paid and to be paid by Company and the other agreements made by Company under this Agreement, its current and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Employee, Employee knowingly, voluntarily and unconditionally hereby forever waives, releases and discharges, and covenants never to sue on, any and all claims, liabilities, causes of actions, judgments, orders assessments, penalties, fines, expenses and costs (including without limitation attorneys' fees) and/or suits of any kind arising out of any actions, events or circumstances before the date of execution of this Agreement ("Employee Claims") which Employee has, ever had or may have, including, without limitation, any Employee Claims arising in whole or in part from Employee's employment or the termination of Employee's employment with the Company or the manner of said termination. This Agreement is intended as a full and final settlement and compromise of each, every and all Employee Claims of every kind and nature, whether known or unknown, which have been or could be asserted against Company and/or any of its present and former subsidiaries, together with their respective past and present shareholders, former: officers, directors, employees, agents, investors, attorneys, shareholders, administrators, affiliates, divisions, subsidiaries, predecessor and employees, and their respective heirs, successors successor corporations and assigns (each in their capacities as such) (collectively, the "“Company Releasees"Parties”). It shall be a condition to the continued effectiveness of this release that the Company has fulfilled its obligations under the Agreement through the Effective Date and pays the full amount of the Supplemental Payment to Employee on the date required in the Agreement. Subject to the foregoing and the other provisions below, Employee, on his own behalf, and on behalf of his respective heirs, family members, executors, agents, and assigns (each in their capacities as such) (collectively, the “Employee Parties”), includinghereby fully and forever releases the Company Parties from, without limitation -- (1) and agrees not to xxx concerning, any Employee Claims arising out claim, duty, obligation or cause of the Employment Agreement or action relating to any other employment agreement or other contract, side-letter, resolution, promise or understanding matters of any kind, whether written presently known or oral unknown, suspected or express unsuspected, that Employee may possess arising from any omissions, acts or implied; (2) any Employee Claims arising under facts that have occurred up until and including the Age Discrimination in Employment Act ("ADEA"), as amended, 29 U.S.C. Sections 621 et seq.; and (3) any Employee Claims arising under any federal, state, or local civil rights, human rights, anti-discrimination, labor, employment, contract or tort law, rule, regulation, order or decision, Termination Date including, without limitation: (a) any and all claims relating to or arising from Employee’s employment with the Company, or the Americans with Disabilities Act termination of 1990that employment; (b) any and all claims relating to, 42 U.S.C. Sections 12101 et seq.or arising from, the Employee Retirement Income Security Act Employee’s right to purchase, or actual purchase of, shares of 1974Company stock, as amendedincluding, 29 U.S.C. Sections 1001 et seq.but not limited to, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law; (c) any and all claims under the law of any jurisdiction, including, but not limited to, wrongful discharge of employment; constructive discharge from employment; termination in violation of public policy; discrimination; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; and conversion; (d) any and all claims for violation of any federal, state or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990; the Fair Labor Standards Act; the Employee Retirement Income Security Act of 1974; the Worker Adjustment and Retraining Notification Act; the Older Workers Benefit Protection Act; the Family and Medical Leave Act; the Fair Credit Reporting Act; the California Family Rights Act; the California Fair Employment and Housing Act; and the California Labor Code; (e) any and all claims for violation of the federal, 42 U.S.C. Sections 2000e et seq.or any state, THE LOUISIANA EMPLOYMENT DISCRIMINATION LAWconstitution; (f) any and all claims arising out of any other laws and regulations relating to employment or employment discrimination; (g) any claim for any loss, LSAcost, damage, or expense arising out of any dispute over the non-R.S. 23:301 ET SEQ.withholding or other tax treatment of any of the proceeds received by Employee as a result of this Agreement; and (h) any and all claims for attorney fees and costs. Subject to the foregoing and the other provisions below, LSAthe Company and Employee agree that the release set forth in this section shall be and remain in effect in all respects as a complete general release as to the matters released. This release does not extend to any obligations (i) incurred under the Agreement; (ii) Employee’s vested benefits under any Company-R.S. 23:967 AND LA. CIV. CODE ART. 2315 and as related 401(k) or other retirement plans or programs (each of these laws which is to be administered under the terms of any respective agreements and/or plans relating thereto); (iii) any rights that Employee may have been following termination of his employment under the Company’s general liability or will be amended. Notwithstanding anything director/officer insurance coverage (subject to the contrary in this Paragraph 2.6terms of such coverage); (iv) Executive’s benefits under any of the Company’s life insurance, disability insurance and health insurance policies or plans to the extent they provide coverage for events occurring prior to termination of his employment and to the extent they provide continuing coverage after termination of his employment; (v) any of the Company’s obligations under the Indemnification Agreement, the Change of Control Agreement, the Stock Agreements or the Performance Agreements; or (vi) any rights of Employee does not release to indemnification under applicable law, the Company’s charter documents or any claim that she may have now or in future under this Agreementother agreement is existence between the Company and Employee.

Release of Claims by Employee. In Employee agrees that the foregoing consideration represents settlement in full of the amounts paid and all outstanding obligations owed to be paid Employee by Company and the other agreements made by Company under this Agreementits officers, directors, managers, supervisors, agents and employees. Employee, on his own behalf, and for other good and valuable considerationon behalf of his respective heirs, the receipt and sufficiency of which are hereby acknowledged by Employeefamily members, Employee knowinglyexecutors, voluntarily and unconditionally hereby forever waives, releases and dischargesagents, and covenants never assigns, hereby fully and forever releases Company and its officers, directors, managers, agents, employees, investors, stockholders, administrators, affiliates, divisions, subsidiaries, predecessor and successor corporations, and assigns, from, and agrees not to sue onxxx concerning, any claim, duty, obligation or cause of action relating to any matters of any kind, whether presently known or unknown, suspected or unsuspected, that Employee may possess arising from any omissions, acts or facts that have occurred up until and including the Effective Date of this Agreement including, without limitation: (a) any and all claimsclaims relating to or arising from Employee’s employment relationship with Company and the termination of that relationship; (b) any and all claims relating to, liabilitiesor arising from, causes Employee’s right to purchase, or actual purchase or sale of actions, judgments, orders assessments, penalties, fines, expenses and costs (including without limitation attorneys' fees) and/or suits shares of any kind arising out capital stock of any actions, events or circumstances before the date of execution of this Agreement ("Employee Claims") which Employee has, ever had or may haveCompany, including, without limitation, any Employee Claims arising in whole claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or in part from Employee's employment or the termination of Employee's employment with the Company or the manner of said termination. This Agreement is intended as a full and final settlement and compromise of each, every federal law; (c) any and all Employee Claims claims under the law of every kind any jurisdiction including, but not limited to, wrongful discharge of employment; constructive discharge from employment; termination in violation of public policy; discrimination; breach of contract, both express and natureimplied; breach of a covenant of good faith and fair dealing, whether known both express and implied; promissory estoppel; negligent or unknownintentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; and conversion; (d) any and all claims for violation of any federal, which have been state or could be asserted against Company and/or any of its present and former subsidiaries, together with their respective past and present shareholders, officers, directors, agents, and employees, and their respective heirs, successors and assigns (collectively, the "Company Releasees")municipal statute, including, without limitation -- (1) any Employee Claims arising out but not limited to, Title VII of the Employment Agreement or any other employment agreement or other contractCivil Rights Act of 1964, side-letterthe Civil Rights Act of 1991, resolution, promise or understanding of any kind, whether written or oral or express or implied; (2) any Employee Claims arising under the Age Discrimination in Employment Act ("ADEA"), as amended, 29 U.S.C. Sections 621 et seq.; and (3) any Employee Claims arising under any federal, state, or local civil rights, human rights, anti-discrimination, labor, employment, contract or tort law, rule, regulation, order or decision, including, without limitationof 1967, the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 et seq.the Xxxxxxxx-Xxxxx Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, as amendedThe Worker Adjustment and Retraining Notification Act, 29 U.S.C. Sections 1001 et seq.Older Workers Benefit Protection Act; the California Fair Employment and Housing Act, and Title VII the California Labor Code; (e) any and all claims for violation of the Civil Rights Act federal, or any state, constitution; (f) any and all claims arising out of 1964any other laws and regulations relating to employment or employment discrimination; (g) any claim for any loss, 42 U.S.C. Sections 2000e et seq.cost, THE LOUISIANA EMPLOYMENT DISCRIMINATION LAWdamage, LSAor expense arising out of any dispute over the non-R.S. 23:301 ET SEQ., LSA-R.S. 23:967 AND LAwithholding or other tax treatment of any of the proceeds received by Employee as a result of this Agreement; and (h) any and all claims for attorneys’ fees and costs. CIV. CODE ART. 2315 Employee agrees that the release set forth in this section shall be and remain in effect in all respects as each of these laws have been or will be amended. Notwithstanding anything a complete general release as to the contrary in this Paragraph 2.6, Employee matters released. This release does not release extend to any claim that she may have now or in future obligations incurred under this Agreement.

Release of Claims by Employee. In Employee agrees that the consideration set forth in the Agreement represents settlement in full of all outstanding obligations owed to Employee by the amounts paid and to be paid by Company and the other agreements made by Company under this Agreement, its current and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Employee, Employee knowingly, voluntarily and unconditionally hereby forever waives, releases and discharges, and covenants never to sue on, any and all claims, liabilities, causes of actions, judgments, orders assessments, penalties, fines, expenses and costs (including without limitation attorneys' fees) and/or suits of any kind arising out of any actions, events or circumstances before the date of execution of this Agreement ("Employee Claims") which Employee has, ever had or may have, including, without limitation, any Employee Claims arising in whole or in part from Employee's employment or the termination of Employee's employment with the Company or the manner of said termination. This Agreement is intended as a full and final settlement and compromise of each, every and all Employee Claims of every kind and nature, whether known or unknown, which have been or could be asserted against Company and/or any of its present and former subsidiaries, together with their respective past and present shareholders, former: officers, directors, employees, agents, investors, attorneys, shareholders, administrators, affiliates, divisions, subsidiaries, predecessor and employees, and their respective heirs, successors successor corporations and assigns (each in their capacities as such) (collectively, the "“Company Releasees"Parties”). It shall be a condition subsequent to the continued effectiveness of this release that the Company fulfills all of its obligations to Employee under this Agreement. Subject to the foregoing and the other provisions below, Employee, on his own behalf, and on behalf of his respective heirs, family members, executors, agents, and assigns (each in their capacities as such) (collectively, the “Employee Parties”), includinghereby fully and forever releases the Company Parties from, without limitation -- (1) and agrees not to xxx concerning, any Employee Claims arising out claim, duty, obligation or cause of the Employment Agreement or action relating to any other employment agreement or other contract, side-letter, resolution, promise or understanding matters of any kind, whether written presently known or oral unknown, suspected or express unsuspected, that Employee may possess arising from any omissions, acts or implied; (2) any Employee Claims arising under facts that have occurred up until and including the Age Discrimination in Employment Act ("ADEA"), as amended, 29 U.S.C. Sections 621 et seq.; and (3) any Employee Claims arising under any federal, state, or local civil rights, human rights, anti-discrimination, labor, employment, contract or tort law, rule, regulation, order or decision, date hereof including, without limitation: (a) any and all claims relating to or arising from Employee’s employment with the Company, or the Americans with Disabilities Act termination of 1990that employment; (b) any and all claims relating to, 42 U.S.C. Sections 12101 et seq.or arising from, the Employee Retirement Income Security Act Employee’s right to purchase, or actual purchase of, shares of 1974Company stock, as amendedincluding, 29 U.S.C. Sections 1001 et seq.but not limited to, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law; (c) any and all claims under the law of any jurisdiction, including, but not limited to, wrongful discharge of employment; constructive discharge from employment; termination in violation of public policy; discrimination; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; and conversion; (d) any and all claims for violation of any federal, state or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990; the Fair Labor Standards Act; the Employee Retirement Income Security Act of 1974; the Worker Adjustment and Retraining Notification Act; the Older Workers Benefit Protection Act; the Family and Medical Leave Act; the Fair Credit Reporting Act; the California Family Rights Act; the California Fair Employment and Housing Act; and the California Labor Code; (e) any and all claims for violation of the federal, 42 U.S.C. Sections 2000e et seq.or any state, THE LOUISIANA EMPLOYMENT DISCRIMINATION LAWconstitution; (f) any and all claims arising out of any other laws and regulations relating to employment or employment discrimination; (g) any claim for any loss, LSAcost, damage, or expense arising out of any dispute over the non-R.S. 23:301 ET SEQ.withholding or other tax treatment of any of the proceeds received by Employee as a result of this Agreement; and (h) any and all claims for attorney fees and costs. Subject to the foregoing and the other provisions below, LSAthe Company and Employee agree that the release set forth in this section shall be and remain in effect in all respects as a complete general release as to the matters released. This release does not extend to any obligations (i) incurred under the Agreement; (ii) Employee’s vested benefits under any Company-R.S. 23:967 AND LA. CIV. CODE ART. 2315 and as related 401(k) or other retirement plans or programs (each of these laws which is to be administered under the terms of any respective agreements and/or plans relating thereto); (iii) any rights that Employee may have been following termination of his employment under the Company’s general liability or will be amended. Notwithstanding anything director/officer insurance coverage (subject to the contrary in this Paragraph 2.6terms of such coverage); (iv) Executive’s benefits under any of the Company’s life insurance, disability insurance and health insurance policies or plans to the extent they provide coverage for events occurring prior to termination of his employment and to the extent they provide continuing coverage after termination of his employment; (v) any of the Company’s obligations under the Indemnification Agreement, the Change of Control Agreement, the Stock Agreements or the Performance Agreements; or (vi) any rights of Employee does not release to indemnification under applicable law, the Company’s charter documents or any claim that she may have now or in future under this Agreementother agreement is existence between the Company and Employee.

Release of Claims by Employee. In Employee agrees that the consideration set forth in the Agreement represents settlement in full of all outstanding obligations owed to Employee by the amounts paid and to be paid by Company and the other agreements made by Company under this Agreement, its current and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by Employee, Employee knowingly, voluntarily and unconditionally hereby forever waives, releases and discharges, and covenants never to sue on, any and all claims, liabilities, causes of actions, judgments, orders assessments, penalties, fines, expenses and costs (including without limitation attorneys' fees) and/or suits of any kind arising out of any actions, events or circumstances before the date of execution of this Agreement ("Employee Claims") which Employee has, ever had or may have, including, without limitation, any Employee Claims arising in whole or in part from Employee's employment or the termination of Employee's employment with the Company or the manner of said termination. This Agreement is intended as a full and final settlement and compromise of each, every and all Employee Claims of every kind and nature, whether known or unknown, which have been or could be asserted against Company and/or any of its present and former subsidiaries, together with their respective past and present shareholders, former: officers, directors, employees, agents, investors, attorneys, shareholders, administrators, affiliates, divisions, subsidiaries, predecessor and employees, and their respective heirs, successors successor corporations and assigns (each in their capacities as such) (collectively, the "“Company Releasees"Parties”). It shall be a condition to the continued effectiveness of this release that the Company has fulfilled its obligations under the Agreement through the Effective Date and pays the full amount of the consideration set forth in Section 3 to Employee on the date required in the Agreement. Subject to the foregoing and the other provisions below, Employee, on his own behalf, and on behalf of his respective heirs, family members, executors, agents, and assigns (each in their capacities as such) (collectively, the “Employee Parties”), includinghereby fully and forever releases the Company Parties from, without limitation -- (1) and agrees not to xxx concerning, any Employee Claims arising out claim, duty, obligation or cause of the Employment Agreement or action relating to any other employment agreement or other contract, side-letter, resolution, promise or understanding matters of any kind, whether written presently known or oral unknown, suspected or express unsuspected, that Employee may possess arising from any omissions, acts or implied; (2) any Employee Claims arising under facts that have occurred up until and including the Age Discrimination in Employment Act ("ADEA"), as amended, 29 U.S.C. Sections 621 et seq.; and (3) any Employee Claims arising under any federal, state, or local civil rights, human rights, anti-discrimination, labor, employment, contract or tort law, rule, regulation, order or decision, Termination Date including, without limitation: (a) any and all claims relating to or arising from Employee’s employment with the Company, or the Americans with Disabilities Act termination of 1990that employment; (b) any and all claims relating to, 42 U.S.C. Sections 12101 et seq.or arising from, the Employee Retirement Income Security Act Employee’s right to purchase, or actual purchase of, shares of 1974Company stock, as amendedincluding, 29 U.S.C. Sections 1001 et seq.but not limited to, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law; (c) any and all claims under the law of any jurisdiction, including, but not limited to, wrongful discharge of employment; constructive discharge from employment; termination in violation of public policy; discrimination; breach of contract, both express and implied; breach of a covenant of good faith and fair dealing, both express and implied; promissory estoppel; negligent or intentional infliction of emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; personal injury; assault; battery; invasion of privacy; false imprisonment; and conversion; (d) any and all claims for violation of any federal, state or municipal statute, including, but not limited to, Title VII of the Civil Rights Act of 1964; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990; the Fair Labor Standards Act; the Employee Retirement Income Security Act of 1974; the Worker Adjustment and Retraining Notification Act; the Older Workers Benefit Protection Act; the Family and Medical Leave Act; the Fair Credit Reporting Act; the California Family Rights Act; the California Fair Employment and Housing Act; and the California Labor Code; (e) any and all claims for violation of the federal, 42 U.S.C. Sections 2000e et seq.or any state, THE LOUISIANA EMPLOYMENT DISCRIMINATION LAWconstitution; (f) any and all claims arising out of any other laws and regulations relating to employment or employment discrimination; (g) any claim for any loss, LSAcost, damage, or expense arising out of any dispute over the non-R.S. 23:301 ET SEQ.withholding or other tax treatment of any of the proceeds received by Employee as a result of this Agreement; and (h) any and all claims for attorney fees and costs. Subject to the foregoing and the other provisions below, LSAthe Company and Employee agree that the release set forth in this section shall be and remain in effect in all respects as a complete general release as to the matters released. This release does not extend to any obligations (i) incurred under the Agreement; (ii) Employee’s vested benefits under any Company-R.S. 23:967 AND LA. CIV. CODE ART. 2315 and as related 401(k) or other retirement plans or programs (each of these laws which is to be administered under the terms of any respective agreements and/or plans relating thereto); (iii) any rights that Employee may have been following termination of his employment under the Company’s general liability or will be amended. Notwithstanding anything director/officer insurance coverage (subject to the contrary in this Paragraph 2.6terms of such coverage); (iv) Executive’s benefits under any of the Company’s life insurance, disability insurance and health insurance policies or plans to the extent they provide coverage for events occurring prior to termination of his employment and to the extent they provide continuing coverage after termination of his employment; (v) any of the Company’s obligations under the Indemnification Agreement, the Change of Control Agreement, the Stock Agreements or the Performance Agreements; or (vi) any rights of Employee does not release to indemnification under applicable law, the Company’s charter documents or any claim that she may have now or in future under this Agreementother agreement is existence between the Company and Employee.

Release of Claims by Employee. In consideration Employee agrees that the payments described in Section 3 and the option terms set forth in Section 6 to this First Amendment represent settlement in full of all outstanding obligations owed to Employee by the Company and that there are no other amounts paid owed. Employee and his respective past, present and future administrators, affiliates, agents, assigns, attorneys, directors, employees, executors, heirs, insurers, parents, partners, predecessors, representatives, servants, successors, transferees, and all persons acting by, through, under or in concert with any of them hereby absolutely and irrevocably releases, waives, relinquishes, renounces and discharges forever the Company and its past, present and future administrators, affiliates, agents, assigns, attorneys, directors, employees, employers, executors, heirs, insurers, officers, managers, parents, partners, predecessors, representatives, servants, shareholders, subpartners, subsidiaries, successors, transferees, underwriters, clients, customers, and each of them, and all persons acting by, through, under or in concert with any of them from any claims, obligations or amounts due to be paid by him arising from any omissions, acts or facts that have occurred up until and including the Effective Date of this First Amendment including, without limitation, (a) any and all claims relating to or arising from Employee's employment relationship with the Company and the other agreements made by Company under this Agreement, and for other good and valuable consideration, the receipt and sufficiency modification of which are hereby acknowledged by Employee, Employee knowingly, voluntarily and unconditionally hereby forever waives, releases and discharges, and covenants never to sue on, that relationship; (b) any and all claimsclaims for wrongful discharge of employment; termination in violation of public policy; discrimination; breach of contract, liabilitiesboth express and implied; breach of a covenant of good faith and fair dealing, causes both express and implied; promissory estoppel; negligent or intentional infliction of actions, judgments, orders assessments, penalties, fines, expenses emotional distress; negligent or intentional misrepresentation; negligent or intentional interference with contract or prospective economic advantage; unfair business practices; defamation; libel; slander; negligence; invasion of privacy; and costs conversion; (including without limitation attorneys' feesc) and/or suits any and all claims for violation of any kind federal or state law; (d) any and all claims arising out of any actions, events or circumstances before the date of execution of this Agreement ("Employee Claims") which Employee has, ever had or may have, including, without limitation, any Employee Claims arising in whole or in part from Employee's other laws and regulations relating to employment or the employment discrimination; and (e) any and all claims for notice of termination of Employee's employment with the Company employment; compensatory indemnity in lieu of notice of termination of employment; severance pay; contractual or the manner extra-contractual damages; salary; bonus; allowances; vacation pay; holiday pay or any other claim of said termination. This Agreement is intended as a full and final settlement and compromise of each, every and all Employee Claims of every kind and nature, whether known any nature whatsoever pursuant to any law; contract; policy; plan; regulation; decree; or unknown, which have been or could be asserted against Company and/or any of its present and former subsidiaries, together with their respective past and present shareholders, officers, directors, agents, and employees, and their respective heirs, successors and assigns (collectively, the "Company Releasees"), including, without limitation --practice whatsoever. (1) any Employee Claims arising out of the Employment Agreement or any other employment agreement or other contract, side-letter, resolution, promise or understanding of any kind, whether written or oral or express or implied; obligations incurred under this First Amendment; and (2) any Employee Claims claims, complaints, charges, duties, obligations or causes of action relating to Employee's ownership of shares in the Company arising under the Age Discrimination in Employment Act ("ADEA"), as amended, 29 U.S.C. Sections 621 et seqfederal or state securities laws.; and (3) any Employee Claims arising under any federal, state, or local civil rights, human rights, anti-discrimination, labor, employment, contract or tort law, rule, regulation, order or decision, including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. Sections 12101 et seq., the Employee Retirement Income Security Act of 1974, as amended, 29 U.S.C. Sections 1001 et seq., and Title VII of the Civil Rights Act of 1964, 42 U.S.C. Sections 2000e et seq., THE LOUISIANA EMPLOYMENT DISCRIMINATION LAW, LSA-R.S. 23:301 ET SEQ., LSA-R.S. 23:967 AND LA. CIV. CODE ART. 2315 and as each of these laws have been or will be amended. Notwithstanding anything to the contrary in this Paragraph 2.6, Employee does not release any claim that she may have now or in future under this Agreement.