Common use of Release of Claims by Executive Clause in Contracts

Release of Claims by Executive. Executive and the Company intend to settle any and all claims that Executive may have against the Company as a result of the hiring of Executive, Executive's employment, Executive's compensation while employed, and the termination of Executive's employment. Executive agrees that in exchange for GALENA's promises in the Agreement and in exchange for the separation pay and benefits to be paid to Executive as described in the Agreement, Executive, on behalf of Executive and Executive's heirs, successors and assigns, hereby releases and forever discharges the Company, its predecessors, successors, and assigns, and their respective boards of directors, board committees, officers, directors, shareholders, agents, employees, and insurers (the "Released Parties"), from all liability for damages and from all claims that Executive may have against the Released Parties arising from or relating to the hiring of Executive, Executive's compensation while employed, Executive's employment, the termination of Executive's employment, and any other actions, decisions, alleged omissions, or events occurring on or prior to the signing of this Separation Agreement. a. Executive understands and agrees that Executive's release of claims in this Separation Agreement includes, but is not limited to, any claims Executive may have under Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Employee Retirement and Income Security Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act; Oregon discrimination laws or any other federal, state, or local statute, ordinance, or law. b. Executive also understands that Executive is giving up all other claims, whether grounded in contract or tort theories, including, but not limited to, wrongful discharge, breach of contract, tortious interference with contractual relations, promissory estoppel, detrimental reliance, breach of the implied covenant of good faith and fair dealing, breach of express or implied promise, breach of manuals or other policies, breach of fiduciary duty, assault, battery, fraud, invasion of privacy, intentional or negligent misrepresentation, defamation, including libel, slander, discharge defamation and self-publication defamation, discharge in violation of public policy, whistleblower, intentional or negligent infliction of emotional distress, or any other theory, whether legal or equitable. c. Executive will not institute any lawsuit against the Released Parties arising from or relating to the hiring of Executive, Executive's employment, Executive's compensation while employed, the termination of Executive's employment, or any other actions, decisions, alleged omissions, or events occurring prior to the signing of this Separation Agreement. d. To the extent required by law, nothing contained in this Separation Agreement will be interpreted to prevent Executive from filing a charge with a governmental agency or participating in or cooperating with an investigation conducted by a governmental agency. However, Executive agrees that Executive is waiving the right to any monetary damages or other individual legal or equitable relief awarded as a result of any such proceeding related to any claim against the Released Parties arising from or relating to the hiring of Executive, Executive's employment, Executive's compensation while employed, the termination of Executive's employment, or any other actions, decisions, alleged omissions, or events occurring on or prior to the signing of this Separation Agreement. e. Notwithstanding any of the foregoing, by signing this Separation Agreement, Employee does not waive Employee's right to: (i) any rights or benefits Executive may have related to vested accrued benefits under the terms of the Company's benefit plans; (b) seek benefits under applicable workers' compensation and/or unemployment compensation statutes; (iii) be indemnified by the Company pursuant to the terms of its bylaws, the law of the State of Delaware and Section 7 of the Employment Agreement; (iv) pursue claims which by law cannot be waived by signing this Separation Agreement; (v) enforce this Separation Agreement; and/or (f) challenge the validity of this Separation Agreement. f. Executive expressly acknowledges that he has been given the opportunity to take twenty-one (21) days to review this Separation Agreement before signing it, and that he has been advised to consult with an attorney before signing it. Executive acknowledges that he understands that he may revoke this Separation Agreement, insofar as it extends to potential claims under the Age Discrimination in Employment Act ("ADEA''), by informing the Company of Executive's intent to revoke his waiver of ADEA claims within seven (7) days following the execution of this Separation Agreement, and that this Separation Agreement is not effective or enforceable until that seven-day revocation period has expired. Executive understands that any such revocation must be stated in writing and delivered by hand or by certified mail-return receipt requested to Xx. Xxxxxx Xxxxxxx, Director of Human Resources, Galena Biopharma, Inc., 0000 Xxxx Xxxxxx Xxxxx, Xxxxx 000, Xxx Xxxxx, XX 00000. The Company and Executive agree that the consideration in Section 2 of this Separation Agreement is allocated as follows: $84,150.00 and any cash payments under the Consulting Agreement to Executive's waiver of ADEA claims, and the remainder to Executive's other obligations set forth in this Separation Agreement, including Executive's release of all other claims released in this Separation Agreement. If Executive exercises this right to revoke or rescind his waiver of ADEA claims, the Company shall have no obligation to provide the consideration allocated to Employee's waiver of ADEA claims. g. Executive agrees that, if he challenges the validity of this Separation Agreement, he will forfeit all amounts payable by the Company under this Separation Agreement. Executive also agrees that if he violates this Separation Agreement by suing the Company or the other Released Parties, in the event that the Company is the prevailing party, Executive will pay all costs and expenses of defending against the suit incurred by the Released Parties, including reasonable attorneys' fees, and return all payments received by Executive on or after the Separation Date. h. Executive hereby acknowledges and states that Executive has read this Separation Agreement, this Separation Agreement is written in language which is understandable to Executive, that Executive fully appreciates the meaning of the terms of this Separation Agreement, and that Executive enters into this Separation Agreement freely and voluntarily.

Release of Claims by Executive. Executive and the Company intend to settle any and all claims that Executive may have against the Company as a result of the Company’s hiring of Executive, Executive's employment’s employment with the Company, Executive's ’s compensation while employedemployed with the Company, and the termination of Executive's employment’s employment with the Company. Executive agrees that in exchange for GALENA's the Company’s promises in the this Agreement and in exchange for the separation pay and benefits to be consideration paid to Executive by the Company as described in the Agreementabove, Executive, on behalf of Executive himself and Executive's his heirs, successors and assigns, hereby releases and forever discharges the Company, its predecessors, successors, assigns, parent companies, affiliates, subsidiaries, and assignsrelated companies, and their respective boards of directors, board committees, officers, directors, shareholders, agents, employees, and insurers (the "“Released Parties"”), from all liability for damages and from all claims that Executive may have against the Released Parties arising from or relating to the Company’s hiring of Executive, Executive's ’s compensation while employedemployed with the Company, Executive's employment’s employment with the Company, the termination of Executive's employment’s employment with the Company, and any other actions, decisions, alleged omissions, or events occurring on or prior to the signing of this Separation AgreementExecution Date. a. A. Executive understands and agrees that Executive's his release of claims in this Separation Agreement includes, but is not limited to, any claims Executive he may have under Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Employee Retirement and Income Security Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act; Oregon discrimination laws , the Minnesota Human Rights Act, or any other federal, state, or local statute, ordinance, or law. b. B. Executive also understands that Executive he is giving up all other claims, whether grounded in contract or tort theories, including, but not limited to, wrongful discharge, violation of Minn. Stat. §176.82, breach of contract, tortious interference with contractual relations, promissory estoppel, detrimental reliance, breach of the implied covenant of good faith and fair dealing, breach of express or implied promise, breach of manuals or other policies, breach of fiduciary duty, assault, battery, fraud, invasion of privacy, intentional or negligent misrepresentation, defamation, including libel, slander, discharge defamation and self-publication defamation, discharge in violation of public policy, whistleblower, intentional or negligent infliction of emotional distress, or any other theory, whether legal or equitable. c. C. Executive agrees that he will not institute any lawsuit against the Released Parties arising from or relating to the Company’s hiring of Executive, Executive's employment’s employment with the Company, Executive's ’s compensation while employedemployed with the Company, the termination of Executive's employment’s employment with the Company, or any other actions, decisions, alleged omissions, or events occurring prior to the Executive’s signing of this Separation Agreement. d. D. To the extent required by law, nothing contained in this Separation Agreement Section 4 will be interpreted to prevent Executive from filing a charge with a governmental agency or participating in or cooperating with an investigation conducted by a governmental agency. However, Executive agrees that Executive he is waiving the right to any monetary damages or other individual legal or equitable relief awarded as a result of any such proceeding related to any claim against the Released Parties arising from or relating to the Company’s hiring of Executive, Executive's employment’s employment with the Company, Executive's ’s compensation while employedemployed with the Company, the termination of Executive's employment’s employment with the Company, or any other actions, decisions, alleged omissions, or events occurring on or prior to the Executive’s signing of this Separation Agreement. e. E. Notwithstanding any of the foregoing, by signing the Executive’s release of claims shall not apply with respect to any rights or claims which Executive may have under the terms of this Separation Agreement, Employee does not waive Employee's right to: (i) Agreement or to any rights or benefits Executive may have related to vested accrued benefits under the terms of the Company's ’s benefit plans; (b) seek benefits under applicable workers' compensation and/or unemployment compensation statutes; (iii) plans or to the Executive’s right to be indemnified by the Company pursuant to the terms of its bylaws, the law of the State of Delaware bylaws and Section 7 of the Employment Agreement; (iv) pursue claims which by law cannot be waived by signing this Separation Agreement; (v) enforce this Separation Agreement; and/or (f) challenge the validity of this Separation Agreementapplicable law. f. F. Executive expressly acknowledges that he has been given the opportunity to take twenty-one (21) days to review this Separation Agreement before signing it, and that he has been advised to consult with an attorney before signing it. Executive acknowledges that he understands that he may revoke this Separation Agreementhis release of claims, insofar as it extends to potential claims under the Age Discrimination in Employment Act ("ADEA'')and/or the Minnesota Human Rights Act, by informing the Company of Executive's his intent to revoke his waiver of ADEA claims release within seven fifteen (715) calendar days following the his execution of this Separation Agreement, and that this Separation Agreement is not effective or enforceable until that seven-day revocation period has expired. Executive understands that any such revocation must be stated in writing and delivered by hand or by certified mail-return receipt requested within the fifteen (15) day period to Xx. Xxxxxx XxxxxxxXxxx Xxxxxx, Director Vice President of Human Resources, Galena BiopharmaHickory Tech Corporation, Inc.000 Xxxx Xxxxxxx Xxxxxx, 0000 Xxxx Xxxxxx XxxxxX.X. Xxx 0000, Xxxxx 000Xxxxxxx, Xxx Xxxxx, XX Xxxxxxxxx 00000. The Company and Executive agree that the consideration in Section 2 of this Separation Agreement is allocated as follows: $84,150.00 and any cash payments under the Consulting Agreement to Executive's waiver of ADEA claims, and the remainder to Executive's other obligations set forth in this Separation Agreement, including Executive's release of all other claims released in this Separation Agreement-0000. If Executive exercises this his right to revoke or rescind his waiver of ADEA claimsrescind, the Company shall have no obligation may, at its option, either nullify this Agreement in its entirety, or keep it in effect in all respects other than as to provide the consideration allocated to Employee's waiver that portion of ADEA claims. g. Executive’s release of claims that he has revoked or rescinded. Executive agrees understands that, if he challenges the validity Company chooses to nullify the Agreement in its entirety, the Company will have no obligations under this Agreement to Executive or to others whose rights derive from Executive, and Executive will be required to repay to the Company any payments made to him or any benefits conferred upon him pursuant to the Agreement prior to the date of his revocation or rescission. G. This Agreement shall not become effective or enforceable until the revocation period identified above, as well as the revocation period contained in the General Release to be provided by Executive pursuant to Section 4H below, have expired. The terms of this Separation Agreement shall be open for acceptance by Executive for a period of twenty-one (21) calendar days, during which time Executive has been advised to consult with legal counsel of his choosing and to consider whether to accept the Company’s offer and sign the Agreement, he will forfeit all amounts payable by the Company under this Separation Agreement. Executive also agrees that if he violates this Separation Agreement by suing the Company or the other Released Parties. H. Further, in the event that the Company is the prevailing party, Executive will pay all costs and expenses of defending against the suit incurred by the Released Parties, including reasonable attorneys' fees, and return all payments received by Executive on or after the Separation Date. h. Executive hereby acknowledges and states that Executive has read this Separation Agreement, this Separation Agreement is written in language which is understandable to Executive, that Executive fully appreciates the meaning consideration of the terms of this Agreement and Executive’s continuing employment through the Separation AgreementDate, Executive will also execute and return to the Company a Mutual General Release in the form attached hereto as Exhibit A, covering any and all claims that Executive enters into this may have against the Company as a result of any matter, fact or thing occurring during the period from the Execution Date through the Separation Agreement freely and voluntarilyDate.

Release of Claims by Executive. Executive and the Company intend to settle any and all claims that Executive may have against the Company as a result of the hiring of Executive, Executive's ’s employment, Executive's ’s compensation while employed, and the termination of Executive's ’s employment. Executive agrees that in exchange for GALENA's SPI’s promises in the Agreement and in exchange for the separation pay and benefits to be paid to Executive as described in the Agreement, Executive, on behalf of Executive and Executive's ’s heirs, successors and assigns, hereby releases and forever discharges the Company, its predecessors, successors, and assigns, and their respective boards of directors, board committees, officers, directors, shareholders, agents, employees, and insurers (the "“Released Parties"”), from all liability for damages and from all claims that Executive may have against the Released Parties arising from or relating to the hiring of Executive, Executive's ’s compensation while employed, Executive's ’s employment, the termination of Executive's ’s employment, and any other actions, decisions, alleged omissions, or events occurring on or prior to the signing of this Separation Agreement. a. A. Executive understands and agrees that Executive's ’s release of claims in this Separation Agreement includes, but is not limited to, any claims Executive may have under Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Employee Retirement and Income Security Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Maryland Fair Employment Practices Statute (formerly referred to as Article 49 B) - MD. Code Xxx., State Gov't § 20-601 et seq.; Oregon discrimination laws Maryland Xxxx Xxxxxxxxx Civil Rights Restoration Act - MD. Code Xxx., State Gov't § 20-607 (b); Maryland Equal Pay Law- MD. Code Xxx., Lab. & Emp. § 3-301 et seq.; Maryland Wage Payment and Collection Law - MD. Code Xxx., Lab. & Emp. § 3- 501 et seq.; Maryland Wage Hour Law - MD. Code Xxx., Lab. & Emp. § 3-401 et seq.; Maryland Worker's Compensation Act - MD. Code Xxx., Lab. & Emp. § 9-101 et seq.; Maryland Occupational Safety and Health Law - MD. Code Xxx., Lab. & Emp. § 5-101 et seq. or any other federal, state, or local statute, ordinance, or law. b. B. Executive also understands that Executive is giving up all other claims, whether grounded in contract or tort theories, including, but not limited to, wrongful discharge, breach of contract, tortious interference with contractual relations, promissory estoppel, detrimental reliance, breach of the implied covenant of good faith and fair dealing, breach of express or implied promise, breach of manuals or other policies, breach of fiduciary duty, assault, battery, fraud, invasion of privacy, intentional or negligent misrepresentation, defamation, including libel, slander, discharge defamation and self-publication defamation, discharge in violation of public policy, whistleblower, intentional or negligent infliction of emotional distress, or any other theory, whether legal or equitable. c. C. Executive will not institute any lawsuit against the Released Parties arising from or relating to the hiring of Executive, Executive's ’s employment, Executive's ’s compensation while employed, the termination of Executive's ’s employment, or any other actions, decisions, alleged omissions, or events occurring prior to the signing of this Separation Agreement. d. D. To the extent required by law, nothing contained in this Separation Agreement will be interpreted to prevent Executive from filing a charge with a governmental agency or participating in or cooperating with an investigation conducted by a governmental agency. However, Executive agrees that Executive is waiving the right to any monetary damages or other individual legal or equitable relief awarded as a result of any such proceeding related to any claim against the Released Parties arising from or relating to the hiring of Executive, Executive's ’s employment, Executive's ’s compensation while employed, the termination of Executive's ’s employment, or any other actions, decisions, alleged omissions, or events occurring on or prior to the signing of this Separation Agreement. e. E. Notwithstanding any of the foregoing, by signing this Separation Agreement, Employee does Agreement shall not waive Employee's right to: (i) apply with respect to any rights or claims which Executive may have under this Separation Agreement itself or to any rights or benefits Executive may have related to vested accrued benefits under the terms of the Company's ’s benefit plans; (b) seek benefits under applicable workers' compensation and/or unemployment compensation statutes; (iii) plans or to the Executive’s right to be indemnified by the Company pursuant to the terms of its bylaws, bylaws and the law of the State of Delaware and Section 7 of the Employment Agreement; (iv) pursue claims which by law cannot be waived by signing this Separation Agreement; (v) enforce this Separation Agreement; and/or (f) challenge the validity of this Separation AgreementDelaware. f. F. Executive expressly acknowledges that he has been given the opportunity to take twenty-one (21) days to review this Separation Agreement before signing it, and that he has been advised to consult with an attorney before signing it. Executive acknowledges that he understands that he may revoke this Separation Agreement, insofar as it extends to potential claims under the Age Discrimination in Employment Act ("ADEA'')Act, by informing the Company of Executive's ’s intent to revoke his waiver of ADEA claims this release within seven (7) days following the execution of this Separation Agreement, and that this Separation Agreement is not effective or enforceable until that seven-day revocation period has expired. Executive understands that any such revocation must be stated in writing and delivered by hand or by certified mail-return receipt requested to Xx. Xxxxxx Xxxxxxx____________, Director of Human ResourcesResources Department, Galena BiopharmaSucampo Pharmaceuticals, Inc., 0000 Xxxx Xxxxxx Xxxx Xxxxxxx, Xxxxx Xxxxx, Xxxxx 000Xxxxxxxx, Xxx Xxxxx, XX Xxxxxxxx 00000. The Company and Executive agree that the consideration in Section 2 of this Separation Agreement is allocated as follows: $84,150.00 and any cash payments under the Consulting Agreement to Executive's waiver of ADEA claims, and the remainder to Executive's other obligations set forth in this Separation Agreement, including Executive's release of all other claims released in this Separation Agreement. If Executive exercises this right to revoke or rescind his waiver of ADEA claimsrescind, the Company shall have no obligation to provide severance pay or benefits to Executive as provided by the consideration allocated to Employee's waiver of ADEA claimsAgreement. g. G. Executive acknowledges that the Company’s obligation to provide any severance pay or benefits pursuant to the Agreement shall not become effective or enforceable until this Separation Agreement has been executed and the revocation period identified above has expired without notice of revocation having been made. H. Executive agrees that, if he challenges the validity of this Separation Agreement, that he will forfeit all amounts payable by the Company under this Separation Agreement if he challenges the validity of this Separation Agreement. Executive also agrees that if he violates this Separation Agreement by suing the Company or the other Released Parties, in the event that the Company is the prevailing party, Executive will pay all costs and expenses of defending against the suit incurred by the Released Parties, including reasonable attorneys' ’ fees, and return all payments received by Executive on or after the Separation Datetermination of his employment. h. I. Executive hereby acknowledges and states that Executive has read this Separation Agreement, this Separation Agreement is written in language which is understandable to Executive, that Executive fully appreciates the meaning of the terms of this Separation Agreement, and that Executive enters into this Separation Agreement freely and voluntarily.

Release of Claims by Executive. A. Executive and the Company intend to settle any and all claims that Executive may have against the Company as a result of the hiring of Executive, Executive's employment, Executive's compensation while employed, and the termination of Executive's employment. Executive agrees that in exchange for GALENASPI's promises in the Agreement and in exchange for the separation pay and benefits to be paid to Executive as described in the Agreement, Executive, on behalf of Executive and Executive's heirs, successors and assigns, hereby releases and forever discharges the Company, its predecessors, successors, and assigns, and their respective boards of directors, board committees, officers, directors, shareholders, agents, employees, and insurers (the "Released Parties"), from all liability for damages and from all claims that Executive may have against the Released Parties arising from or relating to the hiring of Executive, Executive's compensation while employed, Executive's employment, the termination of Executive's employment, and any other actions, decisions, alleged omissions, or events occurring on or prior to the signing of this Separation Agreement. a. B. Executive understands and agrees that Executive's release of claims in this Separation Agreement includes, but is not limited to, any claims Executive may have under Title VII of the Federal Civil Rights Act of 1964, as amended; the Americans with Disabilities Act, the Equal Pay Act, the Fair Labor Standards Act, the Employee Retirement and Income Security Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Maryland Fair Employment Practices Statute (formerly referred to as Article 49 B) - MD. Code Xxx., State Gov't § 20-601 et seq.; Oregon discrimination laws Maryland Xxxx Xxxxxxxxx Civil Rights Restoration Act - MD. Code Xxx., State Gov't § 20-607 (b); Maryland Equal Pay Law- MD. Code Xxx., Lab. & Emp. § 3-301 et seq.; Maryland Wage Payment and Collection Law - MD. Code Xxx., Lab. & Emp. § 3-501 et seq.; Maryland Wage Hour Law - MD. Code Xxx., Lab. & Emp. § 3-401 et seq.; Maryland Worker's Compensation Act - MD. Code Xxx., Lab. & Emp. § 9-101 et seq.; Maryland Occupational Safety and Health Law - MD. Code Aim., Lab. & Emp. § 5-101 et seq. or any other federal, state, or local statute, ordinance, or law. b. C. Executive also understands that Executive is giving up all other claims, whether grounded in contract or tort theories, including, but not limited to, wrongful discharge, breach of contract, tortious interference with contractual relations, promissory estoppel, detrimental reliance, breach of the implied covenant of good faith and fair dealing, breach of express or implied promise, breach of manuals or other policies, breach of fiduciary duty, assault, battery, fraud, invasion of privacy, intentional or negligent misrepresentation, defamation, including libel, slander, discharge defamation and self-publication defamation, discharge in violation of public policy, whistleblower, intentional or negligent infliction of emotional distress, or any other theory, whether legal or equitable. c. D. Executive will shall not institute any lawsuit against the Released Parties arising from or relating to the hiring of Executive, Executive's employment, Executive's compensation while employed, the termination of Executive's employment, or any other actions, decisions, alleged omissions, or events occurring prior to the signing of this Separation Agreement. d. E. To the extent required by law, nothing contained in this Separation Agreement will shall be interpreted to prevent Executive from filing a charge with a governmental agency or participating in or cooperating with an investigation conducted by a governmental agency. However, Executive agrees that Executive is waiving the right to any monetary damages or other individual legal or equitable relief awarded as a result of any such proceeding related to any claim against the Released Parties arising from or relating to the hiring of Executive, Executive's employment, Executive's compensation while employed, the termination of Executive's employment, or any other actions, decisions, alleged omissions, or events occurring on or prior to the signing of this Separation Agreement. e. F. Notwithstanding any of the foregoing, by signing this Separation Agreement, Employee does Agreement shall not waive Employee's right to: (i) apply with respect to any rights or claims which Executive may have under this Separation Agreement itself or to any rights or benefits Executive may have related to vested accrued benefits under the terms of the Company's benefit plans; (b) seek benefits under applicable workers' compensation and/or unemployment compensation statutes; (iii) plans or to the Executive's right to be indemnified by the Company pursuant to the terms of its bylaws, bylaws and the law of the State of Delaware and Section 7 of the Employment Agreement; (iv) pursue claims which by law cannot be waived by signing this Separation Agreement; (v) enforce this Separation Agreement; and/or (f) challenge the validity of this Separation AgreementDelaware. f. G. Executive expressly acknowledges that he has been given the opportunity to take twenty-one (21) days to review this Separation Agreement before signing it, and that he has been advised to consult with an attorney before signing it. Executive acknowledges that he understands that he may revoke this Separation Agreement, insofar as it extends to potential claims under the Age Discrimination in Employment Act ("ADEA'')Act, by informing the Company of Executive's intent to revoke his waiver of ADEA claims this release within seven (7) days following the execution of this Separation Agreement, and that this Separation Agreement is not effective or enforceable until that seven-day revocation period has expired. Executive understands that any such revocation must be stated in writing and delivered by hand hand, or by certified mail-return receipt requested requested, to Xx. Xxxxxx XxXxxxx Xxxxxxx, Director of Human ResourcesResources Department, Galena BiopharmaSucampo Pharmaceuticals, Inc., 0000 000 Xxxx Xxxxxx Xxxxx, Xxxxx Xxxx Xxxx #000, Xxx XxxxxXxxxxxxxx, XX 00000. The Company and Executive agree that the consideration in Section 2 of this Separation Agreement is allocated as follows: $84,150.00 and any cash payments under the Consulting Agreement to Executive's waiver of ADEA claims, and the remainder to Executive's other obligations set forth in this Separation Agreement, including Executive's release of all other claims released in this Separation Agreement. If Executive exercises this right to revoke or rescind his waiver of ADEA claimsrescind, the Company shall have no obligation to provide severance pay or benefits to Executive as provided by the consideration allocated to Employee's waiver of ADEA claimsAgreement. g. H. Executive acknowledges that the Company's obligation to provide any severance pay or benefits pursuant to the Agreement shall not become effective or enforceable until this Separation Agreement has been executed and the revocation period identified above has expired without notice of revocation having been made. I. Executive agrees that, if that he challenges the validity of this Separation Agreement, he will shall forfeit all amounts payable by the Company under this Separation Agreement if he challenges the validity of this Separation Agreement. Executive also agrees that if he violates this Separation Agreement by suing the Company or the other Released Parties, in the event that the Company is the prevailing party, Executive will shall pay all costs and expenses of defending against the suit incurred by the Released Parties, including reasonable attorneys' fees, and return all payments received by Executive on or after the Separation Datetermination of his employment. h. J. Executive hereby acknowledges and states that Executive has read this Separation Agreement, this Separation Agreement is written in language which is understandable to Executive, that Executive fully appreciates the meaning of the terms of this Separation Agreement, and that Executive enters into this Separation Agreement freely and voluntarily.