Common use of Release of Claims by the Employee Clause in Contracts

Release of Claims by the Employee. In exchange for the consideration offered to the Employee under this Agreement, the Employee, on his behalf and on behalf of his heirs, devisees, legatees, executors, administrators, personal and legal representatives, assigns and successors in interest, hereby IRREVOCABLY, UNCONDITIONALLY AND GENERALLY RELEASES, ACQUITS, AND FOREVER DISCHARGES, to the fullest extent permitted by law, the Company, its subsidiaries and each of the their directors, officers, employees, representatives, stockholders, predecessors, successors, assigns, agents, attorneys, divisions, subsidiaries and affiliates (and agents, directors, officers, employees, representatives and attorneys of such stockholders, predecessors, successors, assigns, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively, the “Releasees” and each a “Releasee”), or any of them, from any and all charges, complaints, claims, damages, actions, causes of action, suits, rights, demands, grievances, costs, losses, debts, and expenses (including attorneys’ fees and costs incurred), of any nature whatsoever, known or unknown, that the Employee now has, owns, or holds, or claims to have, own, or hold, or which the Employee at any time heretofore had, owned, or held, or claimed to have, own, or hold from the beginning of time to the date that the Employee signs this Agreement, including, but not limited to, those claims arising out of or relating to (i) any agreement, commitment, contract, mortgage, deed of trust, bond, indenture, lease, license, note, franchise, certificate, option, warrant, right or other instrument, document, obligation or arrangement, whether written or oral, or any other relationship, involving the Employee and/or any Releasee, (ii) breach of any express or implied contract, breach of implied covenant of good faith and fair dealing, misrepresentation, interference with AGREEMENT Initials:_____ contractual or business relations, personal injury, slander, libel, assault, battery, negligence, negligent or intentional infliction of emotional distress or mental suffering, false imprisonment, wrongful termination, wrongful demotion, wrongful failure to promote, wrongful deprivation of a career opportunity, discrimination (including disparate treatment and disparate impact), hostile work environment, sexual harassment, retaliation, any request to submit to a drug or polygraph test, and/or whistleblowing, whether said claim(s) are brought pursuant to laws of the United States or any other jurisdiction applicable to the Employee’s actions on behalf of the Company or any of its subsidiaries or affiliates, and (iii) any other matter; provided, however, that nothing contained herein shall operate to release any obligations of the Company or its successors or assigns arising under this Agreement. Notwithstanding anything in this Agreement to the contrary, it is the express intention of the Employee and the Company that this Agreement shall not act as a release or waiver of (1) any rights of defense or indemnification which would be otherwise afforded to the Employee under the Certificate of Incorporation, By-Laws or similar governing documents of the Company or its subsidiaries or under that certain Indemnification Agreement by and between the Company and the Employee, dated October 13, 2000; (2) any rights of defense or indemnification which would be otherwise afforded to the Employee under any director or officer liability or other insurance policy maintained by the Company or its subsidiaries; (3) any rights of the Employee to benefits accrued under any Company employee benefit plans, including but not limited to the NCI 401(k) Profit Sharing Plan, the NCI Building Systems, Inc. Deferred Compensation Plan (Plan Year 2006), applicable health, medical and welfare benefit programs, and the like; (4) any rights under this Agreement; and (5) such other rights or claims as may arise after the date of this Agreement. The Employee acknowledges that he has had at least 21 calendar days after this Agreement was presented to him to consider whether to sign this Agreement. The Employee has until the date that is seven (7) days after the date this Agreement is executed by him to revoke the release set forth in this Section 6, after which this Section 6 shall become irrevocable, provided, however, that if the Employee so revokes this Section 6, the Company shall have no obligation to provide to the Employee the payments specified in Section 3(b) hereof. Effective as of January 1, 2008, Employee shall execute that certain release agreement attached hereto as Exhibit “A.”

Release of Claims by the Employee. (a) In exchange for consideration of the consideration offered Companies agreeing to pay the Payments and Benefits and the Consulting Fee, the sufficiency of which the Employee under this Agreementacknowledges, the Employee, on his behalf with the intention of binding himself and on behalf of his heirs, devisees, legatees, executors, administratorsadministrators and assigns, personal does hereby release, remise, acquit and legal representatives, assigns and successors in interest, hereby IRREVOCABLY, UNCONDITIONALLY AND GENERALLY RELEASES, ACQUITS, AND FOREVER DISCHARGES, to forever discharge the fullest extent permitted by law, the Company, its subsidiaries Companies and each of its or their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, officersexecutives, employees, representatives, stockholders, predecessors, successors, assignsshareholders, agents, attorneys, divisions, subsidiaries employees and affiliates employee benefit plans (and agents, directors, officers, employees, representatives and attorneys of such stockholders, predecessors, successors, assigns, divisions, subsidiaries and affiliatesthe fiduciaries thereof), and all persons acting bythe successors, through, under or in concert with any predecessors and assigns of them each of the foregoing (collectively, the “Releasees” and each a “ReleaseeCompany Released Parties”), or any of them, and from any and all charges, complaints, claims, damages, actions, causes of action, suitscomplaints, charges, demands, rights, demands, grievances, costs, lossesdamages, debts, and expenses (including sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and costs incurred)liabilities of whatever kind or nature in law, of any nature whatsoeverequity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, that suspected or unsuspected, which the Employee Employee, individually or as a member of a class, now has, owns, owns or holds, or claims to have, own, or hold, or which the Employee has at any time heretofore had, owned, owned or held, arising on or claimed to have, own, or hold from the beginning of time prior to the date that the Employee signs this Agreementhereof, against any Company Released Party in any capacity, including, but not limited towithout limitation, those any and all claims (i) arising out of or relating in any way connected with the Employee’s service to any member of the Company Affiliated Group (ior the predecessors thereof) in any agreement, commitment, contract, mortgage, deed of trust, bond, indenture, lease, license, note, franchise, certificate, option, warrant, right or other instrument, document, obligation or arrangement, whether written or oralcapacity, or the termination of such service in any other relationship, involving the Employee and/or any Releaseesuch capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of any express or implied contract, breach wrongful discharge, impairment of implied covenant of good faith and fair dealingeconomic opportunity, misrepresentationdefamation, interference with AGREEMENT Initials:_____ contractual or business relations, personal injury, slander, libel, assault, battery, negligence, negligent or intentional infliction of emotional distress harm or mental sufferingother tort, false imprisonment(iv) for any violation of applicable state and local labor and employment laws (including, wrongful terminationwithout limitation, wrongful demotionall laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, wrongful failure to promotestate or local statute, wrongful deprivation provision, order or regulation, and including, without limitation, any claim under Title VII of a career opportunity, discrimination the Civil Rights Act of 1964 (including disparate treatment and disparate impact“Title VII”), hostile work environmentthe Civil Rights Act of 1988, sexual harassmentthe Fair Labor Standards Act, retaliationthe Americans with Disabilities Act (“ADA”), any request to submit to a drug or polygraph testthe Employee Retirement Income Security Act of 1974, and/or whistleblowingas amended (“ERISA”), whether said claim(s) are brought pursuant to laws of the United States or any other jurisdiction applicable to Age Discrimination in Employment Act (“ADEA”), the Employee’s actions on behalf of the Company or any of its subsidiaries or affiliatesIllinois Human Rights Act, and (iii) any other matter; providedsimilar or analogous state statute, however, that nothing contained herein shall operate to release any obligations of the Company or its successors or assigns arising under this Agreement. Notwithstanding anything in this Agreement to the contrary, it is the express intention of the Employee and the Company that this Agreement shall not act as a release or waiver of (1) any rights of defense or indemnification which would be otherwise afforded to the Employee under the Certificate of Incorporation, By-Laws or similar governing documents of the Company or its subsidiaries or under that certain Indemnification Agreement by and between the Company and the Employee, dated October 13, 2000; (2) any rights of defense or indemnification which would be otherwise afforded to the Employee under any director or officer liability or other insurance policy maintained by the Company or its subsidiaries; (3) any rights of the Employee to benefits accrued under any Company employee benefit plans, including but not limited to the NCI 401(k) Profit Sharing Plan, the NCI Building Systems, Inc. Deferred Compensation Plan (Plan Year 2006), applicable health, medical and welfare benefit programs, and the like; (4) any rights under this Agreement; and (5) such other rights or claims as may arise after the date of this Agreement. The Employee acknowledges that he has had at least 21 calendar days after this Agreement was presented to him to consider whether to sign this Agreement. The Employee has until the date that is seven (7) days after the date this Agreement is executed by him to revoke the release set forth in this Section 6, after which this Section 6 shall become irrevocable, provided, however, that if the Employee so revokes this Section 6, the Company shall have no obligation to provide to the Employee the payments specified in Section 3(b) hereof. Effective as of January 1, 2008, Employee shall execute that certain release agreement attached hereto as Exhibit “A.”excepting only:

Release of Claims by the Employee. (a) In exchange for consideration of the consideration offered to Severance Payment, the sufficiency of which the Employee under this Agreementacknowledges, the Employee, on his behalf with the intention of binding himself and on behalf of his heirs, devisees, legatees, executors, administrators, personal and legal representatives, assigns administrators and successors in interestand assigns, does hereby IRREVOCABLYirrevocably and unconditionally release, UNCONDITIONALLY AND GENERALLY RELEASESremise, ACQUITS, AND FOREVER DISCHARGES, to acquit and forever discharge the fullest extent permitted by law, the Company, its subsidiaries Company and each of its affiliates (the "Company Affiliated Group"), their directorspresent and former, officers, directors, executives, employees, representativespartners, stockholders, predecessors, successors, assignsshareholders, agents, attorneysattorneys and representatives, divisions, subsidiaries and affiliates (and agents, directors, officers, employees, representatives and attorneys of such stockholders, predecessors, the successors, assigns, divisions, subsidiaries predecessors and affiliates), and all persons acting by, through, under or in concert with any assigns of them each of the foregoing (collectively, the “Releasees” and each a “Releasee”"Released Parties"), or any of them, and from any and all charges, complaints, claims, damages, actions, causes of action, suitscomplaints, charges, demands, rights, demandsdamages, grievancesdebts, sums of money, accounts, promises, agreements, controversies, costs, losses, debtsobligations, and expenses (including suits, expenses, attorneys’ ' fees and costs incurred)liabilities of whatever kind or nature in law, of any nature whatsoeverequity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, that suspected or unsuspected, which the Employee Employee, individually or as a member of a class, now has, owns, owns or holds, or claims to have, own, or hold, or which the Employee has at any time heretofore had, owned, owned or held, or claimed to have, own, or hold from the beginning of time to the date that the Employee signs this Agreementagainst any Released Party in any capacity, including, but not limited towithout limitation, those any and all claims (i) arising out of or relating in any way connected with the Employee's service to any member of the Company Affiliated Group (ior the predecessors thereof) in any agreement, commitment, contract, mortgage, deed of trust, bond, indenture, lease, license, note, franchise, certificate, option, warrant, right or other instrument, document, obligation or arrangement, whether written or oralcapacity, or the termination of such service in any other relationship, involving the Employee and/or any Releaseesuch capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of any express or implied contract, breach wrongful discharge, impairment of implied covenant of good faith and fair dealingeconomic opportunity, misrepresentationdefamation, interference with AGREEMENT Initials:_____ contractual or business relations, personal injury, slander, libel, assault, battery, negligence, negligent or intentional infliction of emotional distress harm or mental sufferingother tort, false imprisonment(iv) for any violation of applicable state and local labor and employment laws (including, wrongful terminationwithout limitation, wrongful demotionall laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, wrongful failure to promotestate or local statute, wrongful deprivation provision, order or regulation, and including, without limitation, any claim under Title VII of a career opportunity, discrimination the Civil Rights Act of 1964 (including disparate treatment and disparate impact"Title VII"), hostile work environmentthe Civil Rights Act of 1988, sexual harassmentthe Fair Labor Standards Act, retaliationthe Americans with Disabilities Act ("ADA"), any request to submit to a drug or polygraph testthe Employee Retirement Income Security Act of 1974 ("ERISA"), and/or whistleblowingthe Age Discrimination in Employment Act ("ADEA"), whether said claim(s) are brought pursuant to laws of the United States or any other jurisdiction applicable to the Employee’s actions on behalf of the Company or any of its subsidiaries or affiliateseach as amended, and any similar or analogous state statute (iii) any other matter; providedincluding, however, that nothing contained herein shall operate to release any obligations of the Company or its successors or assigns arising under this Agreement. Notwithstanding anything in this Agreement to the contrary, it is the express intention of the Employee and the Company that this Agreement shall not act as a release or waiver of (1) any rights of defense or indemnification which would be otherwise afforded to the Employee under the Certificate of Incorporation, By-Laws or similar governing documents of the Company or its subsidiaries or under that certain Indemnification Agreement by and between the Company and the Employee, dated October 13, 2000; (2) any rights of defense or indemnification which would be otherwise afforded to the Employee under any director or officer liability or other insurance policy maintained by the Company or its subsidiaries; (3) any rights of the Employee to benefits accrued under any Company employee benefit plans, including but not limited to the NCI 401(k) Profit Sharing Planwithout limitation, the NCI Building Systems, Inc. Deferred Compensation Plan (Plan Year 2006New York State and New York City Human Rights Law), applicable health, medical and welfare benefit programs, and the like; (4) any rights under this Agreement; and (5) such other rights or claims as may arise after the date of this Agreement. The Employee acknowledges that he has had at least 21 calendar days after this Agreement was presented to him to consider whether to sign this Agreement. The Employee has until the date that is seven (7) days after the date this Agreement is executed by him to revoke the release set forth in this Section 6, after which this Section 6 shall become irrevocable, provided, however, that if the Employee so revokes this Section 6, the Company shall have no obligation to provide to the Employee the payments specified in Section 3(b) hereof. Effective as of January 1, 2008, Employee shall execute that certain release agreement attached hereto as Exhibit “A.”excepting only:

Release of Claims by the Employee. In exchange for consideration of --------------------------------- the consideration offered to promises made by CFHI and the Employee under Bank in this Agreement, the Employee, on his behalf the Employee's own behalf, and on behalf of his theEmployee's relatives and heirs, devisees, legatees, executors, administratorsadministrators and assigns, personal irrevocably and legal representativesunconditionally releases, assigns waives, acquits, and successors in interest, hereby IRREVOCABLY, UNCONDITIONALLY AND GENERALLY RELEASES, ACQUITS, AND FOREVER DISCHARGES, to the fullest extent permitted by lawforever discharges CFHI, the CompanyBank, its subsidiaries and each of the CFP, their respective current and former officers, directors, officersshareholders and employees, employeesand their agents, officials, representatives, stockholders, predecessors, successors, assigns, agents, attorneys, divisions, subsidiaries insurance carriers and affiliates (and agents, directors, officers, employees, representatives and attorneys of such stockholders, predecessors, successors, assigns, divisions, subsidiaries and affiliates), and all persons acting by, through, under any other entity related to or in concert affiliated with any of them (collectively, "the “Bank Releasees” and each a “Releasee”"), or any of them, and from any and all charges, complaints, claims, damages, manner of actions, causes of action, suits, rights, demands, grievances, costs, losses, debts, and expenses (including attorneys’ fees and costs incurred), claims of any kind or nature whatsoever, known or unknown, that in law or equity, including, without limitation of the Employee now hasforegoing general terms, ownsany claims against any of the Bank Releasees arising from any alleged violation by any of the Bank Releasees of any federal, state or holds, local statutes or claims to have, own, or hold, or which the Employee at any time heretofore had, owned, or held, or claimed to have, own, or hold from the beginning of time to the date that the Employee signs this Agreementordinances, including, but not limited to, those claims arising out Title VII of or relating to (i) the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, as amended, ERISA, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Equal Pay Act, the Florida Civil Rights Act, and any agreementapplicable municipal ordinance prohibiting employment discrimination, commitment, contract, mortgage, deed of trust, bond, indenture, lease, license, note, franchise, certificate, option, warrant, right or other instrument, document, obligation or arrangement, whether written or oral, or and any other relationshipemployment discrimination laws, involving as well as any other claims based on constitutional, statutory, common law or regulatory grounds, arising or accruing on or prior to the Employee and/or Effective Date of this Agreement, including any Releaseeclaim based on a theory that his resignation amounted to a constructive or actual discharge, (ii) and any claim for breach of any express or implied contract, breach of implied covenant of good faith and fair dealing, misrepresentation, interference with AGREEMENT Initials:_____ contractual or business relations, personal injury, slander, libel, assault, battery, negligence, negligent or intentional infliction of emotional distress or mental suffering, false imprisonment, wrongful termination, wrongful demotion, wrongful failure to promote, wrongful deprivation of a career opportunity, discrimination (including disparate treatment and disparate impact), hostile work environment, sexual harassment, retaliation, any request to submit to a drug or polygraph test, and/or whistleblowing, whether said claim(s) are brought pursuant to laws of the United States or any other jurisdiction applicable to the Employee’s actions on behalf of the Company or any of its subsidiaries or affiliates, and (iii) any other matterModified Employment Agreement; provided, however, that nothing contained herein shall operate is intended to waive or release any obligations claim the Employee may have in the future relating to any allegation of the Company or its successors or assigns arising under this Agreement. Notwithstanding anything in breach of this Agreement to by CFHI or the contrary, it is the express intention of the Employee and the Company that this Agreement shall not act as a release or waiver of (1) any rights of defense or indemnification which would be otherwise afforded to the Employee under the Certificate of Incorporation, By-Laws or similar governing documents of the Company or its subsidiaries or under that certain Indemnification Agreement by and between the Company and the Employee, dated October 13, 2000; (2) any rights of defense or indemnification which would be otherwise afforded to the Employee under any director or officer liability or other insurance policy maintained by the Company or its subsidiaries; (3) any rights of the Employee to benefits accrued under any Company employee benefit plans, including but not limited to the NCI 401(k) Profit Sharing Plan, the NCI Building Systems, Inc. Deferred Compensation Plan (Plan Year 2006), applicable health, medical and welfare benefit programs, and the like; (4) any rights under this Agreement; and (5) such other rights or claims as may arise after the date of this Agreement. The Employee acknowledges that he has had at least 21 calendar days after this Agreement was presented to him to consider whether to sign this Agreement. The Employee has until the date that is seven (7) days after the date this Agreement is executed by him to revoke the release set forth in this Section 6, after which this Section 6 shall become irrevocable, provided, however, that if the Employee so revokes this Section 6, the Company shall have no obligation to provide to the Employee the payments specified in Section 3(b) hereof. Effective as of January 1, 2008, Employee shall execute that certain release agreement attached hereto as Exhibit “A.”Bank.

Release of Claims by the Employee. In exchange for the consideration offered to the Employee under this Agreement, the Employee, on his her behalf and on behalf of his her heirs, devisees, legatees, executors, administrators, personal and legal representatives, assigns and successors in interest, hereby IRREVOCABLY, UNCONDITIONALLY AND GENERALLY RELEASES, ACQUITS, AND FOREVER DISCHARGES, to the fullest extent permitted by law, the Company, its subsidiaries and each of the their directors, officers, employees, representatives, stockholders, AGREEMENT predecessors, successors, assigns, agents, attorneys, divisions, subsidiaries and affiliates (and agents, directors, officers, employees, representatives and attorneys of such stockholders, predecessors, successors, assigns, divisions, subsidiaries and affiliates), and all persons acting by, through, under or in concert with any of them (collectively, the “Releasees” and each a “Releasee”), or any of them, from any and all charges, complaints, claims, damages, actions, causes of action, suits, rights, demands, grievances, costs, losses, debts, and expenses (including attorneys’ fees and costs incurred), of any nature whatsoever, known or unknown, that the Employee now has, owns, or holds, or claims to have, own, or hold, or which the Employee at any time heretofore had, owned, or held, or claimed to have, own, or hold from the beginning of time to the date that the Employee signs this Agreement, including, but not limited to, those claims arising out of or relating to (i) any agreement, commitment, contract, mortgage, deed of trust, bond, indenture, lease, license, note, franchise, certificate, option, warrant, right or other instrument, document, obligation or arrangement, whether written or oral, or any other relationship, involving the Employee and/or any Releasee, (ii) breach of any express or implied contract, breach of implied covenant of good faith and fair dealing, misrepresentation, interference with AGREEMENT Initials:_____ contractual or business relations, personal injury, slander, libel, assault, battery, negligence, negligent or intentional infliction of emotional distress or mental suffering, false imprisonment, wrongful termination, wrongful demotion, wrongful failure to promote, wrongful deprivation of a career opportunity, discrimination (including disparate treatment and disparate impact), hostile work environment, sexual harassment, retaliation, any request to submit to a drug or polygraph test, and/or whistleblowing, whether said claim(s) are brought pursuant to laws of the United States or any other jurisdiction applicable to the Employee’s actions on behalf of the Company or any of its subsidiaries or affiliates, and (iii) any other matter; provided, however, that nothing contained herein shall operate to release any obligations of the Company or its successors or assigns arising under this Agreement. Notwithstanding anything in this Agreement to the contrary, it is the express intention of the Employee and the Company that this Agreement shall not act as a release or waiver of (1) any rights of defense or indemnification which would be otherwise afforded to the Employee under the Certificate of Incorporation, By-Laws or similar governing documents of the Company or its subsidiaries or under that certain Indemnification Agreement by and between the Company and the Employee, dated October 13February 14, 20002005; (2) any rights of defense or indemnification which would be otherwise afforded to the Employee under any director or officer liability or other insurance policy maintained by the Company or its subsidiaries; (3) any rights of the Employee to benefits accrued under any Company employee benefit plans, including but not limited to the NCI 401(k) Profit Sharing Plan, the NCI Building Systems, Inc. Deferred Compensation Plan (Plan Year 2006as amended), applicable health, medical and welfare benefit programs, and the like; (4) any rights under this Agreement; and (5) such other rights or claims as may arise after the date of this Agreement. The Employee acknowledges that he she has had at least 21 calendar days after this Agreement was presented to him her to consider whether to sign this Agreement. The Employee has until the date that is seven (7) days after the date this Agreement is executed by him her to revoke the release set forth in this Section 64, after which this Section 6 4 shall become irrevocable, provided, however, that if the Employee so revokes this Section 64, the Company shall have no obligation to provide to the Employee the payments specified in Section 3(b) hereof. Effective as of January 1, 2008, Employee shall execute that certain release agreement attached hereto as Exhibit “A.”.

Release of Claims by the Employee. (a) In exchange for consideration of the consideration offered Severance Benefits and the Company agreeing to pay the Consulting Fee, the sufficiency of which the Employee under this Agreementacknowledges, the Employee, on his behalf with the intention of binding himself and on behalf of his heirs, devisees, legatees, executors, administratorsadministrators and assigns, personal does hereby release, remise, acquit and legal representatives, assigns forever discharge the Company and successors in interest, hereby IRREVOCABLY, UNCONDITIONALLY AND GENERALLY RELEASES, ACQUITS, AND FOREVER DISCHARGES, to the fullest extent permitted by law, the Company, each of its subsidiaries and each of affiliates (the “Company Affiliated Group”), their present and former officers, directors, officersexecutives, employees, representatives, stockholders, predecessors, successors, assignsshareholders, agents, attorneys, divisions, subsidiaries employees and affiliates employee benefit plans (and agents, directors, officers, employees, representatives and attorneys of such stockholders, predecessors, successors, assigns, divisions, subsidiaries and affiliatesthe fiduciaries thereof), and all persons acting bythe successors, through, under or in concert with any predecessors and assigns of them each of the foregoing (collectively, the “Releasees” and each a “ReleaseeCompany Released Parties”), or any of them, and from any and all charges, complaints, claims, damages, actions, causes of action, suitscomplaints, charges, demands, rights, demands, grievances, costs, lossesdamages, debts, and expenses (including sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and costs incurred)liabilities of whatever kind or nature in law, of any nature whatsoeverequity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, that suspected or unsuspected, which the Employee Employee, individually or as a member of a class, now has, owns, owns or holds, or claims to have, own, or hold, or which the Employee has at any time heretofore had, owned, owned or held, or claimed to have, own, or hold from the beginning of time to the date that the Employee signs this Agreementagainst any Company Released Party in any capacity, including, but not limited towithout limitation, those any and all claims (i) arising out of or relating in any way connected with the Employee’s service to any member of the Company Affiliated Group (ior the predecessors thereof) in any agreement, commitment, contract, mortgage, deed of trust, bond, indenture, lease, license, note, franchise, certificate, option, warrant, right or other instrument, document, obligation or arrangement, whether written or oralcapacity, or the termination of such service in any other relationship, involving the Employee and/or any Releaseesuch capacity, (ii) for severance or vacation benefits, unpaid wages, salary or incentive payments, (iii) for breach of any express or implied contract, breach wrongful discharge, impairment of implied covenant of good faith and fair dealingeconomic opportunity, misrepresentationdefamation, interference with AGREEMENT Initials:_____ contractual or business relations, personal injury, slander, libel, assault, battery, negligence, negligent or intentional infliction of emotional distress harm or mental sufferingother tort, false imprisonment(iv) for any violation of applicable state and local labor and employment laws (including, wrongful terminationwithout limitation, wrongful demotionall laws concerning unlawful and unfair labor and employment practices) and (v) for employment discrimination under any applicable federal, wrongful failure to promotestate or local statute, wrongful deprivation provision, order or regulation, and including, without limitation, any claim under Title VII of a career opportunity, discrimination the Civil Rights Act of 1964 (including disparate treatment and disparate impact“Title VII”), hostile work environmentthe Civil Rights Act of 1988, sexual harassmentthe Fair Labor Standards Act, retaliationthe Americans with Disabilities Act (“ADA”), any request to submit to a drug or polygraph test, and/or whistleblowing, whether said claim(s) are brought pursuant to laws of the United States or any other jurisdiction applicable to the Employee’s actions on behalf of the Company or any of its subsidiaries or affiliates, and (iii) any other matter; provided, however, that nothing contained herein shall operate to release any obligations of the Company or its successors or assigns arising under this Agreement. Notwithstanding anything in this Agreement to the contrary, it is the express intention of the Employee and the Company that this Agreement shall not act Retirement Income Security Act of 1974, as a release or waiver of amended (1) any rights of defense or indemnification which would be otherwise afforded to the Employee under the Certificate of Incorporation, By-Laws or similar governing documents of the Company or its subsidiaries or under that certain Indemnification Agreement by and between the Company and the Employee, dated October 13, 2000; (2) any rights of defense or indemnification which would be otherwise afforded to the Employee under any director or officer liability or other insurance policy maintained by the Company or its subsidiaries; (3) any rights of the Employee to benefits accrued under any Company employee benefit plans, including but not limited to the NCI 401(k) Profit Sharing Plan“ERISA”), the NCI Building SystemsAge Discrimination in Employment Act (“ADEA”) and any similar or analogous state statute, Inc. Deferred Compensation Plan (Plan Year 2006), applicable health, medical and welfare benefit programs, and the like; (4) any rights under this Agreement; and (5) such other rights or claims as may arise after the date of this Agreement. The Employee acknowledges that he has had at least 21 calendar days after this Agreement was presented to him to consider whether to sign this Agreement. The Employee has until the date that is seven (7) days after the date this Agreement is executed by him to revoke the release set forth in this Section 6, after which this Section 6 shall become irrevocable, provided, however, that if the Employee so revokes this Section 6, the Company shall have no obligation to provide to the Employee the payments specified in Section 3(b) hereof. Effective as of January 1, 2008, Employee shall execute that certain release agreement attached hereto as Exhibit “A.”excepting only: