Common use of Release of Claims Clause in Contracts

Release of Claims. In consideration of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. In consideration Subject to the terms of the payments this paragraph, Johnston hereby irrevocably and benefits to be made under the Employment Agreementunconditionally releases, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), acquits anx xxxxxxr discharges the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present current and former officersparents, owners, stockholders, predecessors, successors, assigns, agents, consultants, directors, executivesofficers, shareholdersemployees, agentsrepresentatives, attorneys, employees divisions, subsidiaries, affiliates and employee benefit plans all persons acting by, through, under or in concert with any of them, (and collectively the fiduciaries thereof"Released Parties"), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, complaintssuits, chargesrights, demands, rightscosts, damageslosses, debts, sums of money, accounts, financial obligations, suits, expenses, debts and expenses (including attorneys’ ' fees and liabilities costs actually incurred), of whatever kind or any nature in lawwhatsoever, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected unknown ("Claim" or unsuspected, "Claims") which the Executive, individually or as a member of a class, Johnston now has, owns or owns, holds, or has which Johnston at any time heretofore hadheretofxxx xxx, owned owned, or held, arising on or prior to the date hereof, held against any Company Released Party that arises out ofof txx Xxxxxsed Parties, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitationbut not limited to: (a) all Claims under the AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, as amended; (b) all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim Claims under Title VII of the Civil Rights Act of 1964 1964, as amended; (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), c) all Claims under the Employee Retirement Income Security Act of 1974, as amended; (d) all Claims arising under the Americans With Disabilities Act of 1990, as amended; (e) all Claims arising under the Family and Medical Leave Act of 1993, as amended; (f) all Claims related to Johnston's alleged employment with the Company; (g) all Claims of unxxxxxx xxxcrimination based on age, sex, race, religion, national origin, handicap, disability, equal pay, sexual orientation or otherwise; (h) all Claims of wrongful discharge, breach of an implied or express employment contract, negligent or intentional infliction of emotional distress, libel, defamation, breach of privacy, fraud, breach of any implied covenant of good faith and fair dealing and any other federal, state, or local common law or statutory claims, whether in tort or in contract; (i) all Claims related to unpaid wages, salary, overtime compensation, bonuses, severance pay, vacation pay, paid time off or other compensation or benefits arising out of Johnston's alleged employment with the Company; (j) all claims arisixx xxxxx xny federal, state or local regulation, law, code or statute; and (k) all claims arising under any and all written or oral agreements between the Parties or their affiliates, including without limitation the Employment Agreement among Johnston, GAINSCO, INC. and National Specialty Lines, Inc. dated Octxxxx 00, 1998, as such agreement may have been previously terminated, amended (“ERISA”)or supplemented, and the Stock Purchase Agreement among Johnston, GAINSCO, INC., National Specialty Lines, Inc. and Lalande Xxxxxxxxl Group, Inc. dated August 17, 1998, as such agreement may have been previously terminated, amended or supplemented; provided however, that nothing contained in this Agreement is intended to release the Company from any Claims that may arise following the Effective Date related to the Company's breach of the provisions of this Agreement or the Surviving Agreements; and provided, further, that nothing contained in this Agreement shall be deemed to release the Company from its obligation to pay Johnston the sum of $43,099.44, representing payment in full of all xxxxxxx vacation, paid time off or similar obligation of the Company to Johnston, upon the conclusion of Johnston's employment with the Compxxx. XX SHORT, IN EXCHANGE FOR THX XXXXXXXXATION DESCRIBED IN PARAGRAPH 6 OF THIS AGREEMENT, JOHNSTON IS VOLUNTARIXX XXXXXG UP HIS RIGHT TO SUE THE RELEASED PARTIES FOR ANY ALLEGED WRONGDOING WHICH PRECEDED TXX DATE THAT JOHNSTON SIGNED THIS AGREEMENT, EXCEPT THAT JOHNSTON DOES NOT RELINQXXXX XXX RIGHT TO CHALLENGE THIS AGREEMENT OX XXX XXSIS THAT IT WAS NOT KNOWING AND VOLUNTARY. HOWEVER, JOHNSTON HEREBY RE-AFFIRMS THAT THIS AGREEMENT IS KNOWING AND VOLUNTXXX. Subject to the terms of this paragraph, the Age Discrimination Company hereby irrevocably and unconditionally releases, acquits and forever discharges Johnston from any and all Claims which the Company now has, owns, hoxxx, xx which the Company at any time heretofore had, owned, or held against Johnston; provided however, that nothing contained in Employment Act (“ADEA”), and this Agreement xx xxxxnded to release Johnston from any similar Claims that may arise following the Effective Date xxxxxxx to Johnston's breach of the provisions of this Agreement or analogous state statute, excepting only:the Survivixx Xxxxxxxnts.

Release of Claims. In consideration ULEHI, on its own behalf, on behalf of the payments its affiliates and benefits to be made under the Employment Agreement, dated as on behalf of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and its assigns, does hereby releaseattorneys, remiseagents, acquit and forever discharge Holdings (as defined in the Employment Agreement)accountants, the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)legal representatives, their present and former officers, directors, executives, shareholders, agentspartners, attorneysemployees, employees and employee benefit plans (and the fiduciaries thereof)contractors, and the predecessors, successors, predecessors subsidiaries, members and assigns of each of the foregoing parents (collectively, the “Company Released ULEHI Releasing Parties”), hereby absolutely and unconditionally releases, waives, forever discharges and agrees not to xxx or otherwise commence any action against Gilead, Archemix, each of Gilead’s and Archemix’s affiliates and their respective assigns, attorneys, agents, accountants, legal representatives, officers, directors, shareholders, partners, employees, contractors, predecessors, successors, subsidiaries, members and parents from any and all claims, actionscounterclaims, rights, demands, obligations, debts, liabilities, judgments, suits, causes of actionaction and actions of any kind, complaintsnature or description whatsoever, chargesin law or in equity, demandsjudicial or administrative, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind civil or nature in law, equity or otherwisecriminal, whether accruedor not now known, absoluteclaimed, contingentasserted, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holdssuspected, or has discoverable, arising or accruing at any time heretofore prior to and including the Effective Date, that any of them may ever have had or claimed to have had, owned or held, arising on or prior from the beginning of time to the date hereof, or which may hereafter accrue against any Company Released one of the above listed entities based upon any acts or omissions occurring prior to the date of this Agreement that relate to any of the matters alleged in the Termination Notice or arising out of the URC License Agreement solely as it relates to the Archemix Agreement. Each of the ULEHI Releasing Parties understands and acknowledges the significance and consequence of releasing all of such claims (including presently unknown, unasserted, unsuspected. or undiscovered claims) and hereby assume full risk and responsibility for any and all injuries, losses, damages, assessments, penalties, charges, expenses, costs, and/or liabilities that they may hereafter incur or discover that in any way arise out of or relate to such claims. To the extent that any provision of applicable law may purport to preserve the rights of any ULEHI Releasing Party that arises out ofto assert presently unknown, unasserted, unsuspected, or relates toundiscovered claims or causes of action, such ULEHI Releasing Party hereby specifically and expressly waives its rights under such provision. Without limitation of the Employment Agreementforegoing, each of the Executive’s employment with the Company or ULEHI Releasing Parties acknowledges and agrees that this release includes any of its subsidiaries and affiliates, or any termination of such employment, including claims that (i) for severance the execution and performance of the Archemix Agreement was or vacation benefits, unpaid wages, salary is a breach or incentive paymentsviolation the URC License Agreement or any provision thereof, (ii) for breach the Archemix Agreement did or does not fully comply with all provisions of contractthe URC License Agreement relating to sublicenses thereunder, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, and (iii) for the grant by Archemix of a [***] to [***] under the Archemix Agreement and the performance thereof was or is a breach or violation the URC License Agreement or any violation provision thereof. Gilead, on its own behalf, on behalf of applicable state its affiliates and local labor on behalf of its assigns, attorneys, agents, accountants, legal representatives, officers, directors, shareholders, partners, employees, Portions of this Exhibit were omitted and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII have been filed separately with the Secretary of the Civil Rights Act Commission pursuant to the Company’s application requesting confidential treatment under Rule 406 of 1964 the Securities Act. contractors, predecessors, successors, subsidiaries, members and parents (collectively, the “Title VIIGilead Releasing Parties”), hereby absolutely and unconditionally releases, waives, forever discharges and agrees not to xxx or otherwise commence any action against any of the Civil Rights Act ULEHI Releasing Parties, in their capacities as such, from any and all claims, counterclaims, rights, demands, obligations, debts, liabilities, judgments, suits, causes of 1988action and actions of any kind, nature or description whatsoever, in law or in equity, judicial or administrative, civil or criminal, whether or not now known, claimed, asserted, suspected, or discoverable, arising or accruing at any time prior to and including the Fair Labor Standards ActEffective Date, that any of them may ever have had or claimed to have had, from the Americans beginning of time to the date hereof, or which may hereafter accrue against any one of the above listed entities based upon an assertion that any acts or omissions occurring prior to the date of this Agreement by any of the ULEHI Releasing Parties (acting in their capacity as such) in connection with Disabilities Act the negotiation or execution of the Archemix Agreement breached any of ULEHI’s obligations to Gilead (“ADA”)excluding any claims relating to a breach of any representation, warranty or covenants concerning intellectual property licensed by ULEHI to Gilead) or tortiously interfered with any of Gilead’s contractual or business relationships. Each of the Employee Retirement Income Security Act Gilead Releasing Parties understands and acknowledges the significance and consequence of 1974releasing all of such claims (including presently unknown, as amended (“ERISA”)unasserted, unsuspected. or undiscovered claims) and hereby assume full risk and responsibility for any and all injuries, losses, damages, assessments, penalties, charges, expenses, costs, and/or liabilities that they may hereafter incur or discover that in any way arise out of or relate to such claims. To the Age Discrimination in Employment Act (“ADEA”)extent that any provision of applicable law may purport to preserve the rights of any Gilead Releasing Party to assert presently unknown, unasserted, unsuspected, or undiscovered claims or causes of action, such Gilead Releasing Party hereby specifically and any similar or analogous state statute, excepting only:expressly waives its rights under such provision.

Release of Claims. A. In consideration of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectivelycovenants provided herein, the “Parties”) are parties, the receipt and sufficiency of which the Executive acknowledgesis hereby acknowledged, the ExecutiveMr. Xxxx Xxxxx, together with the intention of binding himself and his heirs, executorslegal representatives, administrators agents and assigns, does hereby past, present and future, knowingly and voluntarily, irrevocably and unconditionally release, remise, acquit and fully and forever discharge Holdings (as defined in the Employment Agreement)Board of Education, the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)elected members, their present and former superintendent, administrators, officers, directors, executives, shareholdersemployees, agents, predecessors, successors, attorneys, employees and employee benefit plans (representatives, both past and the fiduciaries thereof)present in their individual and official capacities, and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, demands, obligations, judgments, actions, or causes of actionactions, complaintssuits, chargesliabilities, demandsdebts, rightscontentions, damages, debtsbenefits, sums levies and executions of moneyany kind whether in law or in equity in any way relating to or connected with Mr. Xxxx Xxxxx’x employment by the Board of Education occurring prior to and/or contemporaneous with the execution of this Agreement including, accountsbut not limited to, financial obligationsall claims asserted, suits, expenses, attorneys’ fees and liabilities of whatever kind any claims that he has had or nature in law, equity or otherwisemay now have, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected including but not limited to any claim of express or unsuspected, which the Executive, individually implied contract or as a member of a class, now has, owns or holdspromissory estoppel, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for pursuant to any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statutelaws, provisionregulations, order executive orders or regulationother requirements, including Board Policy. Likewise, the Board of Education together with its elected members, superintendent, administrators, officers, agents, predecessors, successors, attorneys, and representatives, both past and present in their individual and official capacities, waive and release any and all claims, demands, obligations, judgments, actions, or causes of actions, suits, liabilities, debts, contentions, damages, benefits, levies and executions of any kind whether in law or in equity in any way relating to or connected with Mr. Xxxx Xxxxx’x employment by the Board of Education occurring prior to and/or contemporaneous with the execution of this Agreement including, without limitationbut not limited to, all claims asserted, and any claims that they have had or may now have, including but not limited to any claim of express or implied contract or promissory estoppel, or pursuant to any federal, state or local laws, regulations, executive orders or other requirements, including Board Policy against Mr. Xxxx Xxxxx, his heirs, legal representatives, agents and assigns, past, present and future. The released claims include, but are not limited to: 1. Any and all claims for breach of the Board of Education’s policies, rules, regulations, or handbooks, for breach of express or implied contracts, express or implied covenants of good faith, quasi-contracts, promissory estoppel, unjust enrichment, negligent and/or intentional misrepresentations, or fraud; and any and all claims for wrongful discharge, defamation, invasion of privacy, intentional and/or negligent infliction of emotional distress, loss of spousal consortium, violations of public policy, violations of whistleblower statutes, retaliation, intentional torts, or any other personal injury; any and all claims for back pay, front pay, or other wages or benefits, for any kind of compensatory, special or consequential damages, punitive or liquidated damages, lost or unpaid benefits of any kind or nature, attorneys’ fees, and costs, disbursements or expenses of any kind whatsoever; 2. Any and all claims arising under federal, state or local constitutions, statutes, laws, rules, regulations, executive orders or common law regulating employer conduct or prohibiting employment discrimination, retaliation and/or interference based upon race, color, sex, religion, age, handicap or disability, national origin, genetic information, sexual orientation or any other protected category or characteristic, including but not limited to any and all claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended; Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended; the Civil Rights Act of 1988, the Fair Labor Standards Act, 1991; 42 U.S.C. §1983; the Americans with With Disabilities Act (“ADA”), as amended; the Rehabilitation Act of 1973, as amended; the Equal Pay Act; the Employee Retirement Income Security Act of 1974, as amended (ERISA); the Family and Medical Leave Act (“ERISAFMLA”), as amended; the Age Discrimination in Employment Genetic Information Nondiscrimination Act of 2008; the National Labor Relations Act; the Labor Management Relations Act; the Fair Labor Standards Act (“ADEAFLSA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009; the Ohio Fair Employment Practices Act (“Ohio’s FEPA”); the Ohio Military Family Leave Act; Titles 33 and/or 41 of the Ohio Revised Code; and/or under any other federal, state or local human rights, civil rights, or employment discrimination statutes, rules or regulations. Nothing herein shall prevent either Mr. Xxxx Xxxxx and/or the Board of Education from exercising their rights under R.C. Chapter 2744 or raising the defenses provided therein if litigation is filed against either Party. B. The Parties acknowledge that they have reviewed this Agreement with attorneys of their choosing and that they have been fully advised concerning its contents. The Parties represent and agree that they fully understand their rights to discuss all aspects of this Agreement with their attorneys, that they have availed themselves of that right and retained counsel to advise them with respect to this Agreement, and any similar or analogous state statute, excepting only:that they are voluntarily entering into this Agreement.

Release of Claims. In consideration of the payments payment of the Severance Amount and benefits to be made the provision of the Benefits Continuation (as such terms are defined under the Amended and Restated Employment Agreement, dated as of April 26of, 2016 July , 2015 (the “Employment Agreement”), to which Xxxxx Xxxxx G. Xxxxxxx Xxxxxxxx (the “Executive”) and Evoqua Water Technologies LLCGypsum Management and Supply, Inc., a Delaware limited liability company Georgia corporation (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) and, solely for purposes of Section 5 of the Employment Agreement, GMS Inc., are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. In consideration of the payments and benefits provided to be made the Borrowers under the Employment Agreementterms and provisions hereof, dated each Borrower hereby agrees as follows ("General Release"): (a) Each Borrower, for itself and on behalf of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators its successors and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company Agent and each Lender, all of its their respective predecessors in interest, and all of their subsidiaries respective past and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executivesattorneys, shareholders, agents, attorneysaffiliates, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”)agents, of and from any and all claims, actionsdemands, obligations, liabilities, indebtedness, breaches of contract, breaches of duty or of any relationship, acts, omissions, misfeasance, malfeasance, causes of action, complaintsdefenses, charges, demands, rights, damagesoffsets, debts, sums of money, accounts, financial obligationscompensation, suitscontracts, controversies, promises, damages, costs, losses and expenses, attorneys’ fees and liabilities of whatever kind every type, kind, nature, description or nature in law, equity or otherwisecharacter, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which liquidated or unliquidated, each as though fully set forth herein at length (each, a "Released Claim" and collectively, the Executive"Released Claims"), individually that any Borrower now has or may acquire as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior the date that the Borrowers have executed and delivered this Amendment to the date hereofAgent (hereafter, against the "Release Date"), including without limitation, those Released Claims in any Company Released Party that arises way arising out of, connected with or relates torelated to any and all prior credit accommodations, if any, provided by the Employment AgreementAgent or any Lender, the Executive’s employment with the Company or any of its subsidiaries their respective predecessors in interest, to any Borrower, and affiliatesany agreements, notes or documents of any kind related thereto or the transactions contemplated thereby or hereby, or any termination other agreement or document referred to herein or therein. (b) Each Borrower hereby acknowledges, represents and warrants to the Agent and each Lender that it agrees to assume the risk of any and all unknown, unanticipated or misunderstood Released Claims which are released by the provisions of this General Release in favor of the Agent and the Lenders, and each Borrower hereby waives and releases all rights and benefits which it might otherwise have under any state or local laws or statutes with regard to the release of such employmentunknown, including claims unanticipated or misunderstood Released Claims. (c) Each person signing below on behalf of a Borrower acknowledges that he or she has read each of the provisions of this General Release. Each such person fully understands that this General Release has important legal consequences, and each such person realizes that they are releasing any and all Released Claims that any Borrower may have as of the Release Date. Each Borrower hereby acknowledges that it has had an opportunity to obtain an attorney’s advice concerning the legal consequences of each of the provisions of this General Release. (d) Each Borrower hereby specifically acknowledges and agrees that: (i) for severance none of the provisions of this General Release shall be construed as or vacation benefits, unpaid wages, salary constitute an admission of any liability on the part of the Agent or incentive payments, any Lender; (ii) for breach the provisions of this General Release shall constitute an absolute bar to any Released Claim of any kind, whether any such Released Claim is based on contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, warranty, mistake or any other theory, whether legal, statutory or equitable; and (iii) for any violation attempt to assert a Released Claim barred by the provisions of this General Release shall subject a Borrower to the provisions of applicable state and local labor and employment laws (includinglaw setting forth the remedies for the bringing of groundless, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state frivolous or local statute, provision, order baseless claims or regulation, and including, without limitation, any claim under Title VII causes of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:action.

Release of Claims. 3.1 In consideration of return for the payments and benefits to be made under the Employment conferred by this Agreement, dated as of April 26which Employee acknowledges that Gardenburger had no legal obligation to provide, 2016 (the “Employment Agreement”)Employee, to which Xxxxx Xxxxx (the “Executive”) hereby releases and Evoqua Water Technologies LLCforever discharges Gardenburger, a Delaware limited liability company (the “Company”) (each of the Executive and the Companyits predecessors, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators successors and assigns, does hereby releaseand its past, remisepresent, acquit and forever discharge Holdings (as defined in the Employment Agreement)future insurers, the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)representatives, their present and former officers, directors, executivestrustees, shareholders, directors, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof)employees, and the their respective successors, predecessors assigns, executors, and assigns of each of the foregoing administrators (collectively, the “Company Released PartiesReleasees”), of and from any and all claims, charges, complaints, actions, causes of action, complaintsliability, damages, costs, attorney fees, expenses of whatever nature, and demands of any kind (including without limitation those based in tort, contract, or statue, including without limitation, applicable state civil rights laws, Title VII of the Civil Rights Act of 1964, the Post-Civil War Rights Act, the Age Discrimination in Employment Act, 29, USC 621 et seq, the Americans with Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act of 1963, and any regulations under such laws) up to and including the date set forth below, whether known or unknown, foreseen or unforeseen, asserted or unasserted. 3.2 Without limitation on the foregoing, Employee hereby accepts the payments set forth herein in full settlement and satisfaction of all claims, charges, demandscomplaints, rightsactions, damagescauses of action, debtsand demands against Gardenburger or any of the Releasees of every nature and kind whatsoever, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executivepast, individually or as a member of a class, now has, owns or holdspresent, or has at future on account of or in any time heretofore hadway related to or arising from the employment relationship existing between them or the termination of that relationship. Employee agrees that Employee is lawfully entitled to no payments, owned or heldwages, arising on or prior to the date hereof, against any Company Released Party that arises out ofcompensation, or relates to, the Employment benefits from Gardenburger except as set forth in this Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) except for any violation amounts to which Employee is entitled under the terms of applicable state Gardenburger’s 401(k) plan and local labor under the stock option agreements entered into between Gardenburger and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:Employee.

Release of Claims. In consideration As used in this Release of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 Claims (the this “Employment AgreementRelease”), the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, proceedings, obligations, debts, accounts, attorneys’ fees, judgments, losses, and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. Capitalized terms used but not defined in this Release will have the meanings given to which Xxxxx Xxxxx them in the employment agreement dated May 5, 2022, between Vistra Corp., TXU Retail Services Company (the “Executive”) and Evoqua Water Technologies LLCtogether, a Delaware limited liability company (the “Company”) and Xxxxx X. Xxxxxx (each my “Agreement”). For and in consideration of the Executive severance payments and the Companybenefits, a “Party” and collectivelyother good and valuable consideration, the “Parties”) are partiesI, the sufficiency for and on behalf of which the Executive acknowledgesmyself and my executors, the Executive, with the intention of binding himself and his heirs, executorsadministrators, administrators representatives, and assigns, does hereby release, remise, acquit agree to release and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its direct and indirect parent and subsidiary entities, and all of their subsidiaries respective predecessors, successors, and affiliates (the “Company Affiliated Group”)past, their present current, and former officersfuture parent entities, affiliates, subsidiary entities, investors, directors, executivesshareholders, shareholdersmembers, officers, general or limited partners, employees, attorneys, agents, attorneysand representatives, employees and the employee benefit plans (and in which I am or have been a participant by virtue of my employment with or service to the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing Company (collectively, the “Company Released PartiesReleasees”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind claims that I have or nature in law, equity may have had against the Company Releasees based on any events or otherwise, whether accrued, absolute, contingent, unliquidated circumstances arising or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising occurring on or prior to the date hereof, against any Company Released Party that arises hereof and arising directly or indirectly out of, or relates relating to, the Employment Agreement, the Executive’s or in any other way involving in any manner whatsoever my employment with by or service to the Company or the termination thereof, including without limitation any of its subsidiaries and affiliatesall claims arising under federal, state, or any termination of such local laws relating to employment, including without limitation claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment breach of economic opportunityexpress or implied contract, fraud, misrepresentation, defamation, intentional infliction of emotional harm distress, whistleblowing, or other liability in tort, (iii) and claims of any kind that may be brought in any court or administrative agency, and any related claims for any violation of applicable state attorneys’ fees and local labor and employment laws (costs, including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim claims under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended, 42 U.S.C. Section 2000, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; the Civil Rights Act of 19881866, and the Civil Rights Act of 1991; 42 U.S.C. Section 1981, et seq.; the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621, et seq. (the “ADEA”); the Equal Pay Act, as amended, 29 U.S.C. Section 206(d); regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601 et seq.; the Fair Labor Standards ActAct of 1938, the Americans with Disabilities Act (“ADA”)as amended, 29 U.S.C. § 201 et seq.; the Employee Retirement Income Security Act of 1974Act, as amended amended, 29 U.S.C. § 1001 et seq.; and any similar state or local law. I agree further that this Release may be pleaded as a full defense to any action, suit, arbitration, or other proceeding covered by the terms hereof that is or may be initiated, prosecuted, or maintained by me or my descendants, dependents, heirs, executors, administrators, or assigns. By signing this Release, I acknowledge that I intend to waive and release all rights known or unknown that I may have against the Company Releasees under these and any other laws. I acknowledge and agree that as of the date I execute this Release, I have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph and that I have not filed any claim against any of the Releasees before any local, state, federal, or foreign agency, court, arbitrator, mediator, arbitration or mediation panel, or other body, but excluding claims, reports, disclosures, or complaints brought to any government agencies, (each individually a “Proceeding”). I acknowledge that I will not initiate or cause to be initiated on my behalf any Proceeding and will not participate in any Proceeding, in each case, except as required by law or to the extent such Proceeding relates to a claim not waived hereunder. Further, I understand that, by executing this Release, I will be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Company Releasees, provided, however, that I understand this Agreement does not limit my right to receive an award for information provided to any governmental agencies that I may be entitled to recover pursuant to whistleblower laws, rules or regulations, including but not limited to Securities and Exchange Commission (“ERISASEC”) Rule 21F-17. For the avoidance of doubt, I understand that I am not required to disclose any claims, reports, disclosures, or complaints to government agencies (such as the SEC) to the Company. By executing this Release, I specifically release all claims relating to my employment and its termination under ADEA, a federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. Notwithstanding the generality of the foregoing, I do not release (i) claims to receive my severance payments and benefits in accordance with the terms of the Agreement, (ii) claims with respect to benefits to which I am entitled under the employee benefit and compensation plans of the Company and its affiliates, including any rights to equity, (iii) claims to indemnification, or (iv) claims that cannot be waived by law. Further, nothing in this Release shall prevent me from (i) initiating or causing to be initiated on my behalf any claim against the Company before any local, state, or federal agency, court, or other body challenging the validity of the waiver of my claims under the ADEA (but no other portion of such waiver); (ii) initiating or participating in an investigation or proceeding conducted by the EEOC; or (iii) reporting possible violations of federal, states, or local law or regulation to any governmental agency (including but not limited to the Department of Justice and the SEC), or making other disclosures to, communicating directly with, responding to an inquiry from, or providing testimony before such governmental agency, regarding possible violations of federal, state, or local law or regulation, without prior notice to the Age Discrimination Company. I acknowledge that I have been given at least [21]/[45]1 days in Employment Act which to consider this Release. I acknowledge further that the Company has advised me to consult with an attorney of my choice before signing this Release, and I have had sufficient time to consider the terms of this Release. I represent and acknowledge that if I execute this Release before [21]/[45] days have elapsed, I do so knowingly, voluntarily, and upon the advice and with the approval of my legal counsel (“ADEA”if any), and that I voluntarily waive any similar remaining consideration period. I understand that after executing this Release, I have the right to revoke it within seven days after its execution. I understand that this Release will not become effective and enforceable unless the seven-day revocation period passes and I do not revoke the Release in writing. I understand that this Release may not be revoked after the seven (7)-day revocation period has passed. I understand also that any revocation of this Release must be made in writing and delivered to the Company at its principal place of business within the seven (7)-day period. This Release will become effective, irrevocable, and binding on the eighth day after its execution, so long as I have not timely revoked it as set forth above. I understand and acknowledge that I will not be entitled to the severance payments and benefits unless this Release is effective on or analogous state statute, excepting only:before the date that is sixty (60) days following the date of my termination of employment.

Release of Claims. In consideration Each of the payments Borrower and benefits to be made under the Employment AgreementGuarantor for themselves and for their past, dated as of April 26present and future agents, 2016 attorneys, representatives, officers, directors, partners, shareholders, successors and assigns (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “PartiesReleasors”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings Lender, and Lender’s divisions, subsidiaries, parents, affiliates and other related entities (as defined in the Employment Agreement), the Company whether or not such entities are wholly‑owned) and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)Lender’s past, their present and former officers, future directors, executivestrustees, shareholdersfiduciaries, administrators, officers, agents, attorneysemployees, employees servants, shareholders and employee benefit plans attorneys (as well as its predecessors, successors and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing assigns) (collectively, the “Company Released PartiesReleasees”), ) of and from any and all claims, manner of actions, causes of action, complaintssuits, chargesdebts, demandsreckonings, rightsbonds, bills, specialties, covenants, controversies, agreements, promises, variances, trespasses, liabilities, obligations, damages, debtsjudgments, sums executions, claims and demands, whatsoever, in law or in equity, known or unknown at this time (collectively, “Claims”), which the Releasors, or any of moneythem, accountsnow have as of the date of this Agreement or may claim to have, financial obligationsagainst one or more of the Releasees for or by reason of: (i) any matter, suitsclaim, expensesdamage or cause of action whatsoever (including, attorneys’ fees without in any way limiting the generality of the foregoing, all direct and liabilities indirect claims either for direct, consequential, or punitive damages of whatever kind any kind) arising or nature in law, equity or otherwiseaccruing prior to the date hereof, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which foreseen or unforeseen at the Executivepresent time arising out of or relating to the Loan Documents, individually the Property or as a member of a classthe Loan; (ii) any pre‑existing acts, now has, owns claims or holds, or has events occurring at any time heretofore hador times up to the date hereof which may result in future claims of any kind, owned (including, without in any way limiting the generality of the foregoing, all direct and indirect claims either for direct, consequential, or heldpunitive damages of any kind) arising out of or relating to Loan Documents, the Property or the Loan; (iii) any matter arising on out of or relating to the Loan Documents, the enforcement of the Loan Documents, the Property or the Loan arising prior to the date hereof, against any Company Released Party that arises out of, or relates to, of this Agreement (the Employment Agreement, matters referred to in the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims immediately preceding clauses (i) for severance or vacation benefits, unpaid wages, salary or incentive payments), (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, and (iii) for shall collectively be referred to herein as the “Released Claims”). Each of the Releasors hereby agrees not to bring, or assist in bringing, any violation claim, action, cause of applicable state and local labor and employment laws (includingaction, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under or proceeding regarding or in any applicable federal, state or local statute, provision, order or regulationway related to any of the Released Claims, and including, without limitation, any claim under Title VII each of the Civil Rights Act of 1964 (“Title VII”)Releasors further agrees that the foregoing release is, the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”)will constitute, and may be pleaded as, a bar to any similar such claim, action, cause of action or analogous state statute, excepting only:proceeding.

Release of Claims. In consideration of the payments and benefits to be made under the Second Amended and Restated Employment Agreement, dated as of April 26, 2016 [____________] (the “Employment Agreement”), to which Xxxxx Xxxxx Xxxxxxxx X. Xxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. In consideration (a) Effective as of the payments and benefits to be made under the Employment AgreementEffective Date, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” for itself and its Affiliates (as hereinafter defined), and each of their respective predecessors, successors, assigns, heirs, representatives, and agents and for all related parties, and all persons acting by, through, under or in concert with any of them in both their official and personal capacities (collectively, the “Company Parties”) are partieshereby irrevocably, unconditionally and forever release, discharge and remise Xx. Xxxx and his Affiliates (whether an Affiliate as of the Effective Date or later), and their respective predecessors, successors, assigns, heirs, representatives, and agents and for all related parties and all persons acting by, through, under or in concert with any of them in both their official and personal capacities (collectively, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated GroupWang Parties”), their present from all claims of any type and former officersall manner of action and actions, directorscause and causes of action, executivessuits, shareholdersdebts, agentsdues, attorneyssums of money, employees accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and employee benefit plans (and demands whatsoever, in law or in equity, known or unknown, that any Company Party may have now or may have in the fiduciaries thereof)future, and the successors, predecessors and assigns of each against any of the foregoing Wang Parties to the extent that those claims arose, may have arisen, or are based on events which occurred at any point in the past up to and including the Effective Date, other than any claims arising pursuant to this Agreement (collectively, the “Company Released PartiesClaims”). The Company represents and warrants that no Company Released Claim released herein has been assigned, expressly, impliedly, or by operation of law, and that all Company Released Claims released herein are owned by the Company, which has the respective sole authority to release them. The Company agrees that it shall forever refrain and forebear from commencing, instituting or prosecuting any lawsuit action or proceeding, judicial, administrative or otherwise collect or enforce any Company Released Claim which is released and discharged herein. For purposes hereof, an “Affiliate” of a Party shall be any Party that controls, is controlled by, or is under common control with, the subject Party. (b) Effective as of the Effective Date, Xx. Xxxx, for himself and the other Wang Parties, hereby irrevocably, unconditionally and forever releases, discharges and remises each Company Party, from all claims of any type and all claims, manner of action and actions, cause and causes of action, complaints, charges, demands, rights, damagessuits, debts, dues, sums of money, accounts, financial obligationsreckonings, suitsbonds, expensesbills, attorneys’ fees specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and liabilities of whatever kind demands whatsoever, in law or nature in lawequity, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected that any Wang Party may have now or unsuspected, which may have in the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereoffuture, against any of the Company Released Party Parties to the extent that arises out ofthose claims arose, may have arisen, or relates toare based on events which occurred at any point in the past up to and including the Effective Date, other than any claims arising pursuant to this Agreement (collectively, the Employment Agreement“Wang Released Claims”). Xx. Xxxx represents and warrants that no Wang Released Claim released herein has been assigned, the Executive’s employment with the Company or any of its subsidiaries and affiliatesexpressly, impliedly, or any termination by operation of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulationlaw, and includingthat all Wang Released Claims released herein are owned by Xx. Xxxx, without limitationwho has the sole authority to release them. Xx. Xxxx agrees that he shall forever refrain and forebear from commencing, instituting or prosecuting any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”)lawsuit action or proceeding, the Civil Rights Act of 1988judicial, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), administrative or otherwise collect or enforce any Wang Released Claim which is released and any similar or analogous state statute, excepting only:discharged herein.

Release of Claims. In consideration Subject to the effectiveness of Sections 2, 3 and 6 of this Amendment: 7.1 The Company hereby absolutely and unconditionally releases and forever discharges the Purchaser Agent and each Purchaser, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the payments present and benefits to be made under the Employment Agreementformer directors, dated as officers, agents, attorneys and employees of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each any of the Executive and the Companyforegoing (each, a “PartyReleasee” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated GroupReleasees”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, demands or causes of actionaction of any kind, complaintsnature or description, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind whether arising in law or nature in law, equity or otherwiseupon contract or tort or under any state or federal law or otherwise (each, a “Claim” and collectively, the “Claims”), which the Company has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the moment in time immediately prior to the effectiveness of this Amendment, whether accruedsuch claims, absolute, contingent, unliquidated demands and causes of action are matured or otherwise and whether now unmatured or known or unknown. The Company understands, suspected or unsuspected, which acknowledges and agrees that the Executive, individually or release set forth above may be pleaded as a member of full and complete defense to any Claim and may be used as a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. The Company Released Party agrees that arises out ofno fact, event, circumstance, evidence or relates totransaction which could now be asserted or which may hereafter be discovered will affect in any manner the final, absolute and unconditional nature of the release set forth above. 7.2 The Company hereby absolutely, unconditionally and irrevocably covenants and agrees with and in favor of each Releasee that it will not sue (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by the Company pursuant to Section 7.1 above. If the Company violates the foregoing covenant, the Employment AgreementCompany, the Executive’s employment with the Company or for itself and its successors and assigns, agrees to pay, in addition to such other damages as any of its subsidiaries and affiliates, or any termination Releasee may sustain as a result of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitationviolation, all laws concerning unlawful attorneys’ fees, costs and unfair labor and employment practices) and (iv) for employment discrimination under expenses incurred by any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII Releasee as a result of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:such violation.

Release of Claims. (a) In consideration for the renegotiation and amendment and restatement of the payments and benefits to be made under the Employment Agreement, dated Agreement as of April 26October 1, 2016 (the “Employment Agreement”)2001, to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding for himself and for his heirs, executors, administrators administrators, and assigns (hereinafter referred to collectively as "Releasors"), forever releases and discharges the Company and any and all of its subsidiaries, divisions, affiliated entities, employee benefit and/or pension plans or funds, successors and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each all of its or their past and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executivesmembers, shareholders, agentstrustees, attorneys, agents and employees (hereinafter referred to as the "Entities and employee benefit plans (and the fiduciaries thereofPersons"), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actionsdemands, causes cause of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever any kind or nature in law, equity or otherwisewhatsoever, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a classExecutive ever had, now has, owns or holdsmay have against the Entities and Persons by reason of any actual or alleged act, omission, transaction, practice, conduct, occurrence, or has at any time heretofore had, owned or held, arising on or prior other matter up to and including the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s of this Agreement and with regard to his employment with the Company Company, including the terms of any prior version of this Agreement. (b) Without limiting the generality of the foregoing, the provisions of this Section 15 are intended to and shall release the Entities and Persons from any and all claims, whether known or any of its subsidiaries and affiliatesunknown, which Releasors ever had, now have, or any termination may have against the Entities and Persons arising out of such employmentExecutive's employment with the Company, including claims including, but not limited to: (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, as amended; (ii) any other claim (whether based on federal, state, or local law, statutory or decisional) relating to or arising out of Executive's employment by the Americans with Disabilities Act Company and the terms and conditions of such employment; (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), iii) any claim under the Age Discrimination in Employment Act Act, as amended;(iv) any claim under applicable state or local law against discrimination; (“ADEA”v) any claim for attorneys' fees, costs, disbursements and/or the like; or (vi) any claim under, with regard to, or in connection with this Agreement (prior to or after its amendment and restatement) or any agreement or plan with regard to equity, incentive or deferred compensation. (c) Notwithstanding the foregoing, the foregoing release shall not cover rights of indemnification to which Executive is entitled under the Company's Certificate of Incorporation, By-laws, or Section 13 hereof or otherwise with regard to his service as an officer of the Company. (d) Executive agrees that he will not, from any source or proceeding, seek or accept any award or settlement with respect to any claim or right covered by Section 15(a) above. In addition to the foregoing, except as otherwise prohibited by law, Executive represents and warrants that he will not xxx or commence any proceeding (judicial or administrative), or participate in any action, suit or proceeding, against any of the Entities and Persons, with respect to any similar act, event, occurrence, or analogous any alleged failure to act, released hereunder. (e) In the event any portion of this Section 15 shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Section 15. (f) The provisions of this Section 15 are not intended, and shall not be construed, as an admission that the Entities and Persons have violated any federal, state statuteor local law (statutory or decisional), excepting only:ordinance or regulation, breached any contract or committed any wrong whatsoever against Executive. (g) Executive acknowledges that he has been advised by the Company to consult an attorney before signing this Agreement and that he has executed this Agreement after having had the opportunity to consult with an attorney of his choice and has had an opportunity to consider this Agreement for a period of at least fourteen (14) days.

Release of Claims. In consideration The Company acknowledges and agrees, as of the payments Second Amendment Effective Date (if and benefits to be made under only if the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”Second Amendment Effective Date occurs), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each on behalf of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company itself and each of its and Subsidiaries, that: (a) neither it nor any of its Subsidiaries has any claim or cause of action against any holder of the Notes (or any of their subsidiaries and affiliates (the “Company Affiliated Group”)respective Affiliates, their present and former officers, directors, executives, shareholders, agentsemployees, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each consultants or agents in their capacities as such for any holder of the foregoing (collectivelyNotes) in connection with the Note Purchase Agreement, the “Notes, the Collateral Documents or any other Finance Documents and (b) each holder of the Notes has heretofore properly performed and satisfied in a timely manner all of its obligations to the Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which its Subsidiaries under the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising Finance Documents that are required to have been performed on or prior to the date hereof. Notwithstanding the foregoing, the holders of the Notes wish (and the Company agrees) to eliminate any possibility that any past conditions, acts, omissions, events or circumstances would impair or otherwise adversely affect any of the holders’ rights, interests, security and/or remedies under the Finance Documents. Accordingly, for and in consideration of the agreements contained in this Agreement and other good and valuable consideration the receipt and sufficiency of which are hereby acknowledged, as of the Second Amendment Effective Date (if and only if the Second Amendment Effective Date occurs), the Company, for itself and on behalf of each of its Subsidiaries (collectively, the “Releasors”), does hereby effective as of the Second Amendment Effective Date fully, finally, unconditionally and irrevocably release and forever discharge each holder of the Notes and each of their respective Affiliates, officers, directors, employees, attorneys, consultants and agents (collectively, the “Released Parties”) from any and all debts, claims, losses, obligations, damages, costs, attorneys’ fees, suits, demands, liabilities, actions, proceedings and causes of action, in each case, whether known or unknown, contingent or fixed, direct or indirect, and of whatever nature or description, and whether in law or in equity, under contract, tort, statute or otherwise, which any Releasor has heretofore had or now or hereafter can, shall or may have against any Company Released Party that arises by reason of any act, omission or thing whatsoever done or omitted to be done on or prior to the Second Amendment Effective Date directly arising out of, connected with or relates to, the Employment related to this Agreement, the Executive’s employment with Note Purchase Agreement, the Company Notes or any of its subsidiaries and affiliatesother Finance Document, or any termination act, event or transaction related or attendant thereto, or the agreements of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII holder of the Civil Rights Act of 1964 (“Title VII”), Notes contained therein. Nothing in this Section 4 shall have any force or effect prior to the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:Second Amendment Effective Date.

Release of Claims. In consideration of the payments and benefits to be made under the Employment AgreementEffective immediately, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the CompanyGull, a “Party” and collectivelyAcquisition Sub, the “Parties”) are partiesUSANA, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their respective predecessors, successors, subsidiaries and affiliates assigns (and any of the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, directors and employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing foregoing) (collectivelyeach, the a “Company Released PartiesReleasing Party”), in their capacity as such, hereby covenants not to xxx and forever releases and discharges Gull, Acquisition Sub, and USANA, respectively (and each of their respective present and from any former directors, officers, representatives, advisors (including but not limited to financial advisors), attorneys, accountants, employees, agents, parents, subsidiaries, affiliated persons and entities, predecessors, successors and assigns and heirs, executors and administrators and all persons acting in concert with any such party) (each, a “Released Party”) from all manner of claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, action or suits, expensesat law or in equity, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected which each now has or unsuspectedhereafter can, which shall or may have by reason of any matter, cause or thing whatsoever relating to or arising out of the Executive, individually Asset Purchase Agreement or as a member of a class, now has, owns the agreements or holds, instruments ancillary thereto or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliatestransactions contemplated thereby, or any action or failure to act under the Asset Purchase Agreement or in connection therewith, or in connection with the events leading to the abandonment of the transactions contemplated by the Asset Purchase Agreement and the mutual termination of such employmentthe Asset Purchase Agreement, including claims excepting only any claim, action, cause of action or suit arising (i) for severance out of an undertaking or vacation benefits, unpaid wages, salary or incentive paymentspromise contained in this Termination Agreement, (ii) for breach by virtue of contractobligations specifically surviving under the Asset Purchase Agreement, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for with respect to any violation statements made or actions taken after the date of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:this Termination Agreement.

Release of Claims. In consideration Executive, for Executive, Executive’s spouse, and each of the payments Executive’s heirs, beneficiaries, representatives, agents, successors, and benefits to be made under the Employment Agreementassigns (collectively, dated as of April 26, 2016 (the “Employment AgreementExecutive Releasors”), to which Xxxxx Xxxxx (the “Executive”) irrevocably and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive unconditionally releases and forever discharges the Company, a “Party” each and collectivelyall of its predecessors, parents, Subsidiaries, Affiliates, divisions, successors, and assigns (collectively with the Company, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated GroupEntities”), their present and each and all of the Company Entities’ current and former officers, directors, executivesemployees, shareholders, agentsrepresentatives, attorneys, employees agents, and employee benefit plans assigns (and collectively, with the fiduciaries thereofCompany Entities, the “Company Releasees”), from any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings, or liabilities of any kind or character, whether known or unknown, whether accrued or contingent, that Executive has, had, or may have against them, or any of them, by reason of, arising out of, connected with, touching upon, or concerning Executive’s employment with the successorsCompany, predecessors Executive’s separation from the Company, and assigns of each Executive’s relationship with any or all of the foregoing Company Releasees, and from any and all statutory claims, regulatory claims, claims under the Employment Agreement, and any and all other claims or matters of whatever kind, nature, or description, arising from the beginning of the world up through the Separation Agreement Effective Date (as defined below) (collectively, the “Company Released PartiesClaims”). Executive acknowledges that the Released Claims specifically include, of and from but are not limited to, any and all claimsclaims for fraud, actionsbreach of express or implied contract, causes breach of actionthe implied covenant of good faith and fair dealing, complaints, charges, demands, interference with contractual rights, damagesviolation of public policy, debtsinvasion of privacy, sums intentional or negligent infliction of moneyemotional distress, accountsintentional or negligent misrepresentation, financial obligationsdefamation, suitslibel, slander, or breach of privacy; claims for failure to pay wages, benefits, deferred compensation, commissions, bonuses, vacation pay, expenses, severance pay, attorneys’ fees and liabilities fees, or other compensation of whatever kind or nature in lawany sort; claims related to stock options, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holdsawards, or has at any time heretofore hadother grants, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out ofawards, or relates to, the Employment Agreement, the Executive’s employment warrants; claims related to any tangible or intangible property of Executive that remains with the Company Company; claims for retaliation, harassment or any discrimination on the basis of its subsidiaries and affiliatesrace, color, sex, sexual orientation, national origin, ancestry, religion, age, disability, medical condition, marital status, gender identity, gender expression, or any termination of such employment, including claims (i) for severance other characteristic or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, criteria protected by law; any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”, as amended), 42 U.S.C. §§ 2000e, et seq., the Civil Rights Act of 19881991, the Civil Rights Act of 1866, the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601, et seq., the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201, et seq., the Equal Pay Act, 29 U.S.C. §206(a) and interpretive regulations, the Americans with Disabilities Act (“ADA”), 42 U.S.C. §§ 12101, et seq., the Consolidated Omnibus Budget Reconciliation Act of 1986 (“COBRA”), the Occupational Safety and Health Act (“OSHA”) or any other health and/or safety laws, statutes, or regulations, the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §§ 4301-4333, the Employee Retirement Income Security Act of 1974, as amended 1974 (“ERISA”), 29 U.S.C. §§ 301, et seq., the Age Discrimination in Immigration Reform and Control Act of 1986, 8 U.S.C. §§ 1101, et seq., or the Internal Revenue Code of 1986, as amended, the Worker Adjustment and Retraining Notification Act; all claims arising under the Xxxxxxxx-Xxxxx Act of 2002 (Public Law 107-204), including whistleblowing claims under 18 U.S.C. §§ 1513(e) and 1514A; the Nevada Wage and Hour Laws, NEV. REV. STAT. § 608.005, et seq., the Nevada Fair Employment Act (“ADEA”)Practices Act. NEV. REV. STAT. § 613.310 et seq., and any similar and all other foreign, federal, state, or analogous state statutelocal laws, excepting only:common law, or case law, including but not limited to all statutes, regulations, common law, and other laws in place in Xxxxx County, Nevada.

Release of Claims. In consideration of the payments and benefits to be made under the Employment Agreement, dated as of April 26January 31, 2016 2019 (the “Employment Agreement”), to which Xxxxx Xxxxx Herve’ Fages (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings Evoqua (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. a. In consideration of the payments promises of the VMTI Group under this Settlement and benefits to be made under the Employment AgreementRelease, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive Xxxxxxx Group hereby unconditionally releases and forever discharges each of the CompanyVMTI Group, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators their successors and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former respective officers, directors, executivesshareholders, shareholderspartners, members, employees, agents, and attorneys, employees past and employee benefit plans present, (and the fiduciaries thereof"Released VMTI Parties," individually each is a "Released VMTI Party"), from each and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of every action, complaintscharge, chargesclaim, demandsright, rights, damages, debts, sums liability or demand of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever any kind or nature in lawnature, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected that any of the Xxxxxxx Group had, now has or unsuspectedmay through the effective date of this Settlement and Release have against Contaldo, which Xxxxxx or VMTI or any other Released VMTI Party based on actions or events prior to the Executiveeffective date of this Settlement and Release. Without limiting the generality of the foregoing, individually specifically included in this release and discharge are each and every action, charge, claim, right, liability or as a member demand of a classany kind or nature, known or unknown, any of the Xxxxxxx Group had, now has, owns or holdsmay have through the effective date of this Settlement and Release, arising under any law, constitution, rule, regulation, statute, or common law theory, whether in tort, contract, equity, or otherwise, including without limitation any fees for services performed by any of the Xxxxxxx Group as attorneys, Trustee or Escrowee for the VMTI Group. Any action, charge, claim, right, liability, demand or other legal proceeding released and discharged under this Section is hereinafter referred to as a "Claim". Each of the Xxxxxxx Group further agrees that it will not instigate, advise or encourage any other person, group of persons, or any entity to file suit against any of the VMTI Group or any other Released VMTI Party, and that it will not assist in any action against any of the VMTI Group or any other Released VMTI Party, except in response to any court issued subpoena, notice of deposition or inquiry from a governmental agency, and it further represents and warrants that it has at not filed any time heretofore legal or administrative action of any kind against any of the VMTI Group or any other Released VMTI Party. b. In consideration of the promises of the Xxxxxxx Group under this Settlement and Release, each of the VMTI Group hereby unconditionally releases and forever discharges each of the Xxxxxxx Group, their successors and assigns, and their respective officers, directors, shareholders, partners, members, employees, agents, and attorneys, past and present, ("Released Xxxxxxx Parties," individually each is a "Released Xxxxxxx Party"), from each and every action, charge, claim, right, liability or demand of any kind or nature, known or unknown, that any of the VMTI Group had, owned now has or held, arising may through the effective date of this Settlement and Release have against any of the Xxxxxxx Group or any other Released Xxxxxxx Party based on actions or events prior to the effective date hereofof this Settlement and Release. Without limiting the generality of the foregoing, against specifically included in this release and discharge are each and every action, charge, claim, right, liability or demand of any Company Released Party that arises out ofkind or nature, known or unknown, any of the VMTI Group had, now has, or relates tomay have through the effective date of this Settlement and Release, arising under any law, constitution, rule, regulation, statute, or common law theory, whether in tort, contract, equity, or otherwise, including without limitation any shares of stock of VMTI previously delivered to Xxxxxxx (other than the Employment AgreementSettlement Shares). Any action, charge, claim, right, liability, demand or other legal proceeding released and discharged under this Section is hereinafter referred to as a "Claim". Each of the Executive’s employment with the Company VMTI Group further agrees that it will not instigate, advise or encourage any other person, group of its subsidiaries and affiliatespersons, or any termination entity to file suit against any of such employment, including claims (i) for severance the Xxxxxxx Group or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or any other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulationReleased Xxxxxxx Party, and including, without limitation, that it will not assist in any claim under Title VII action against any of the Civil Rights Act Xxxxxxx Group or any other Released Xxxxxxx Party, except in response to any court issued subpoena, notice of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”)deposition or inquiry from a governmental agency, and it further represents and warrants that it has not filed any similar legal or analogous state statute, excepting only:administrative action of any kind against any of the Xxxxxxx Group or any other Released Xxxxxxx Party.

Release of Claims. In consideration of the payments and benefits to be made under the Employment Agreement, dated as of April 26September 6, 2016 2017 (the “Employment Agreement”), to which Xxxxx Xxxxx X. Xxxxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. In consideration of Except for the payments and benefits provided in Section 2 hereof, any accrued vested benefits available to be made you under the Employment Agreement, dated as express terms and conditions of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and any employee benefit plan maintained by the Company, a “Party” and collectivelyyour right to continue medical coverage at your own expense after the Termination Date pursuant to Section 4980B of the Internal Revenue Code of 1986, the “Parties”) are partiesas amended, the sufficiency you, on behalf of which the Executive acknowledgesyourself and your family, the Executiveagents, with the intention of binding himself and his representatives, heirs, executors, administrators trustees, administrators, successors and assigns (the “Releasors”), hereby irrevocably and unconditionally releases, settles, cancels, acquits, discharges and acknowledges to be fully satisfied, and covenants not to xxx the Company and NCP-EH, L.P. and each of their respective subsidiaries, affiliates, successors and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)respective stockholders, their present and former officerspartners, members, directors, executivesmanagers, shareholdersofficers, agentsemployees, attorneysagents or other representatives, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing Company (include current and former trustees and administrators of these plans) (collectively, the “Company Released PartiesReleasees”), of and ) from any and all claims, actionscontractual or otherwise, demands, costs, rights, causes of action, complaints, charges, demands, rights, damages, debts, sums of moneyliens, accountspromises, financial obligations, suitscomplaints, expenseslosses, attorneys’ fees damages and liabilities all liability of whatever kind or nature in law, equity or otherwiseand nature, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected and hereby waives any and all rights that he, she or unsuspectedit may have at the time of signing this Agreement, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned prior thereto or held, arising on or prior in the future (except with respect to the date hereof, against any Company Released Party that arises out ofADEA (as defined below) claims), or relates tothat otherwise may exist or may arise (except with respect to ADEA claims) in respect of your employment or separation from employment with the Company, or is in any way connected with or related to the Employment Agreement, the Executive’s employment with 2000 Plan, the Company Options or any option agreement evidencing the grant of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of Options pursuant to the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:2000 Plan.

Release of Claims. In consideration of the payments execution by CFS Bancorp, Inc. (the “Company”) and benefits to be made under Citizens Financial Bank (the “Bank”) of that certain Employment Agreement, dated as of April 26, 2016 Agreement (the “Employment Agreement”)) dated December 23, to which Xxxxx Xxxxx 2009 and that certain Separation Agreement (the “ExecutiveAgreement”) dated May 27, 2010, both by and Evoqua Water Technologies LLCamong the Company, a Delaware limited liability company the Bank and the undersigned, Xxxxxxx X. Xxxx (the “CompanyEmployee”) (each of ), and for other good and valuable consideration, the Executive Employee hereby irrevocably, unconditionally, and forever releases, waives, discharges and covenants not to xxx or make any claim against the Company, a “Party” and collectivelythe Bank, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (affiliates, the “Company Affiliated Group”)Company’s and the Bank’s respective predecessors and successors, their respective former, present and former officersand/or future shareholders, members, owners, directors, executivesofficers, shareholdersemployees, agentsmanagers, fiduciaries, administrators, insurers, attorneys, employees representatives and employee benefit plans (and the fiduciaries thereof)agents, and the successorsall persons acting by, predecessors and assigns through, under or in concert with any of each of the foregoing them (collectively, the “Company Released Parties”), of and ) for or from any and all complaints, claims, demands, liabilities, obligations, actions, causes rights of actionactions and proceedings of any nature whatsoever (including, complaintsbut not limited to, charges, demands, rights, claims for damages, debtsattorneys fees, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees interest and liabilities of whatever kind or nature in law, equity or otherwisecosts), whether accruedadministrative or judicial, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which matured or unmatured, or otherwise, that exist as of (or existed prior to) the Executivedate that the Employee signs this Release. Without limiting the generality of the foregoing, individually or the Employee understands and agrees that this Release includes and constitutes a complete waiver and release by the Employee in all capacities (including, but not limited to, as a member shareholder, officer, employee, participant, individual or otherwise), and by his heirs, executors, administrators, representatives, and assigns, of a class, now has, owns or holds, or has at any time heretofore had, owned or heldand all possible claims against each of the Released Parties based upon, arising on out of or prior in any manner related to any salary, commission, bonuses (discretionary or otherwise) and other compensation from the date hereof, against any Company Released Party that arises out of, or relates toCompany, the Employment AgreementBank or any of their subsidiaries or affiliates; any plan, policy, program or promise of compensation from any of the ExecutiveReleased Parties; any award of stock options, restricted stock or other stock-based or incentive compensation from the Company or the Bank; the Employee’s employment with or termination of employment by the Company and/or the Bank; wrongful termination or any discharge; breach of its subsidiaries contract; breach of good faith or fair dealing; infliction of emotional distress; and affiliatesdiscrimination based on age, race, sex, religion, national origin, disability, veterans status, sexual orientation, gender identity, or any termination other claim of such employmentemployment discrimination, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitationbut not limited to, all claims arising under the following laws concerning unlawful and unfair labor and employment practices) and amendments thereto, if any: the Civil Rights Act of 1866 (iv) for employment discrimination under any applicable federal42 U.S.C. § 1981), state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, the Civil Rights Americans with Disabilities Act, the Age Discrimination in Employment Act of 19881967, the Federal Rehabilitation Act of 1973, the Family and Medical Leave Act, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”)Older Workers Benefit Protection Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”); any other federal or state employment law; any federal or state wage and hour laws, and all other similar federal, state or local laws, statutes, rules or regulations; and, in addition, all other tort or contract claims and other theories of recovery, to the extent permitted by law. Notwithstanding the foregoing, this Release does not affect, release or waive any similar of the Employee’s claims (a) under the Agreement, (b) under Section 25 under the Employment Agreement if the Company or analogous state statutethe Bank requests the Employee’s cooperation under such section, excepting only:or (c) for vested benefits or payments under the ESOP and the 401(k) Plan (as defined in the Agreement).

Release of Claims. In consideration As used in this Release of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 Claims (the this “Employment AgreementRelease”), the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, proceedings, obligations, debts, accounts, attorneys’ fees, judgments, losses, and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. Capitalized terms used but not defined in this Release will have the meanings given to which Xxxxx Xxxxx them in the employment agreement dated May __, 2022, between Vistra Corp., TXU Retail Services Company (the “Executive”) and Evoqua Water Technologies LLCtogether, a Delaware limited liability company (the “Company”) and Xxxxx X. Xxxxxx (each my “Agreement”). For and in consideration of the Executive severance payments and the Companybenefits, a “Party” and collectivelyother good and valuable consideration, the “Parties”) are partiesI, the sufficiency for and on behalf of which the Executive acknowledgesmyself and my executors, the Executive, with the intention of binding himself and his heirs, executorsadministrators, administrators representatives, and assigns, does hereby release, remise, acquit agree to release and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its direct and indirect parent and subsidiary entities, and all of their subsidiaries respective predecessors, successors, and affiliates (the “Company Affiliated Group”)past, their present current, and former officersfuture parent entities, affiliates, subsidiary entities, investors, directors, executivesshareholders, shareholdersmembers, officers, general or limited partners, employees, attorneys, agents, attorneysand representatives, employees and the employee benefit plans (and in which I am or have been a participant by virtue of my employment with or service to the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing Company (collectively, the “Company Released PartiesReleasees”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind claims that I have or nature in law, equity may have had against the Company Releasees based on any events or otherwise, whether accrued, absolute, contingent, unliquidated circumstances arising or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising occurring on or prior to the date hereof, against any Company Released Party that arises hereof and arising directly or indirectly out of, or relates relating to, the Employment Agreement, the Executive’s or in any other way involving in any manner whatsoever my employment with by or service to the Company or the termination thereof, including without limitation any of its subsidiaries and affiliatesall claims arising under federal, state, or any termination of such local laws relating to employment, including without limitation claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment breach of economic opportunityexpress or implied contract, fraud, misrepresentation, defamation, intentional infliction of emotional harm distress, whistleblowing, or other liability in tort, (iii) and claims of any kind that may be brought in any court or administrative agency, and any related claims for any violation of applicable state attorneys’ fees and local labor and employment laws (costs, including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim claims under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended, 42 U.S.C. Section 2000, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; the Civil Rights Act of 19881866, and the Civil Rights Act of 1991; 42 U.S.C. Section 1981, et seq.; the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621, et seq. (the “ADEA”); the Equal Pay Act, as amended, 29 U.S.C. Section 206(d); regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601 et seq.; the Fair Labor Standards ActAct of 1938, the Americans with Disabilities Act (“ADA”)as amended, 29 U.S.C. § 201 et seq.; the Employee Retirement Income Security Act of 1974Act, as amended amended, 29 U.S.C. § 1001 et seq.; and any similar state or local law. I agree further that this Release may be pleaded as a full defense to any action, suit, arbitration, or other proceeding covered by the terms hereof that is or may be initiated, prosecuted, or maintained by me or my descendants, dependents, heirs, executors, administrators, or assigns. By signing this Release, I acknowledge that I intend to waive and release all rights known or unknown that I may have against the Company Releasees under these and any other laws. I acknowledge and agree that as of the date I execute this Release, I have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph and that I have not filed any claim against any of the Releasees before any local, state, federal, or foreign agency, court, arbitrator, mediator, arbitration or mediation panel, or other body (each individually a “Proceeding”). I (i) acknowledge that I will not initiate or cause to be initiated on my behalf any Proceeding and will not participate in any Proceeding, in each case, except as required by law or to the extent such Proceeding relates to a claim not waived hereunder; and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission (“ERISAEEOC”), except in each case to the Age Discrimination extent such Proceeding relates to a claim not waived hereunder. Further, I understand that, by executing this Release, I will be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Company Releasees. By executing this Release, I specifically release all claims relating to my employment and its termination under ADEA, a federal statute that, among other things, prohibits discrimination on the basis of age in Employment Act employment and employee benefit plans. Notwithstanding the generality of the foregoing, I do not release (“ADEA”i) claims to receive my severance payments and benefits in accordance with the terms of the Agreement, (ii) claims with respect to benefits to which I am entitled under the employee benefit and compensation plans of the Company and its affiliates, including any rights to equity, (iii) claims to indemnification, or (iv) claims that cannot be waived by law. Further, nothing in this Release shall prevent me from (i) initiating or causing to be initiated on my behalf any claim against the Company before any local, state, or federal agency, court, or other body challenging the validity of the waiver of my claims under the ADEA (but no other portion of such waiver); or (ii) initiating or participating in an investigation or proceeding conducted by the EEOC. I acknowledge that I have been given at least [21]/[45]1 days in which to consider this Release. I acknowledge further that the Company has advised me to consult with an attorney of my choice before signing this Release, and I have had sufficient time to consider the terms of this Release. I represent and acknowledge that if I execute this Release before [21]/[45] days have elapsed, I do so knowingly, voluntarily, and upon the advice and with the approval of my legal counsel (if any), and that I voluntarily waive any similar remaining consideration period. I understand that after executing this Release, I have the right to revoke it within seven days after its execution. I understand that this Release will not become effective and enforceable unless the seven-day revocation period passes and I do not revoke the Release in writing. I understand that this Release may not be revoked after the seven (7)-day revocation period has passed. I understand also that any revocation of this Release must be made in writing and delivered to the Company at its principal place of business within the seven (7)-day period. This Release will become effective, irrevocable, and binding on the eighth day after its execution, so long as I have not timely revoked it as set forth above. I understand and acknowledge that I will not be entitled to the severance payments and benefits unless this Release is effective on or analogous state statutebefore the date that is sixty (60) days following the date of my termination of employment. I hereby agree to waive any and all claims to re-employment with the Company or any of its affiliates and affirmatively agree not to seek further employment with the Company or any of its affiliates. The provisions of this Release will be binding upon my heirs, excepting only:executors, administrators, legal representatives, and assigns. If any provision of this Release will be held by any court of competent jurisdiction to be illegal, void, or unenforceable, such provision will be of no force or effect. The illegality or unenforceability of such provision, however, will have no effect upon and will not impair the enforceability of any other provision of this Release.

Release of Claims. ​ (a) In consideration of the payments agreements of Administrative Agent and benefits to be made under Lenders contained herein and for other good and valuable consideration, the Employment Agreementreceipt and sufficiency of which is hereby acknowledged, dated as of April 26Borrower and Initial Servicer (together with their Affiliates, 2016 (the “Employment AgreementLoan Parties”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (on behalf of each of the Executive their respective successors, assigns, and the Companyother legal representatives, a “Party” hereby absolutely, unconditionally and collectivelyirrevocably releases, the “Parties”) are partiesremises and forever discharges Administrative Agent and Lenders, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators their successors and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officersshareholders, affiliates, subsidiaries, divisions, and predecessors, and the respective directors, executives, shareholders, agentsofficers, attorneys, employees employees, agents and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns other representatives of each of the foregoing (collectivelyAdministrative Agent, each Lender and all such other Persons being hereinafter referred to collectively as the “Company Released PartiesReleasees” and individually as a “Releasee”), of and from any and all claimsdemands, actions, causes of action, complaintssuits, chargescovenants, demandscontracts, rightscontroversies, damagesagreements, debtspromises, sums of money, accounts, financial obligationsbills, suitsreckonings, expensesdamages and any and all other claims, attorneys’ fees counterclaims, defenses, rights of set off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of whatever kind or nature in lawevery name and nature, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executiveboth at law and in equity, individually each Loan Party or as a member any of a classtheir successors, now has, owns or holdsassigns, or has other legal representatives now or hereafter own, hold, have or claim to have against the Releasees or any of them for, upon, or by reason of any circumstance, action, cause or thing whatsoever arising at any time heretofore had, owned based on facts or held, arising circumstances in existence on or prior to the date hereof, against any Company Released Party that arises out of this Amendment and are for or on account of, ​ ​ ​ ​ or relates in relation to, or in any way in connection with any of the Employment Loan Agreement, the Executive’s employment with the Company or any of the other Transaction Documents or transactions thereunder or related thereto. ​ (b) Each Loan Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. ​ (c) Each Loan Party agrees that no fact, event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of the release set forth above. ​ (d) Each Loan Party, on behalf of itself and its subsidiaries respective successors, assigns, and affiliatesother legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Releasee that it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Releasee on the basis of any Claim released, remised and discharged by each Loan Party or any termination other Person pursuant to this Section 5.3. If any Loan Party or any of their respective successors, assigns or other legal representatives violates the foregoing covenant, each Loan Party, for itself and its successors, assigns and legal representatives, agrees to pay, jointly and severally, in addition to such other damages as any Releasee sustains as a result of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitationviolation, all laws concerning unlawful attorneys’ fees and unfair labor and employment practices) and (iv) for employment discrimination under costs incurred by any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII Releasee as a result of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:such violation. ​

Release of Claims. In consideration of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement)Effective immediately, the Company and each of its and their predecessors, successors, subsidiaries and affiliates assigns (and any of the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, directors and employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing foregoing) (collectivelyeach, the “Company Released Parties”a "Releasing Party"), in their capacity as such, hereby covenants not to xxx and forever releases and discharges TRILOGY (and each of its present and from any former directors, officers, representatives, advisors (including but not limited to financial advisors), attorneys, accountants, employees, agents, parents, subsidiaries, affiliated persons and entities, predecessors, successors and assigns and heirs, executors and administrators and all persons acting in concert with any such party) (each, a "Released Party") from all manner of claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, action or suits, expensesat law or in equity, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected which each now has or unsuspectedhereafter can, which shall or may have by reason of any matter, cause or thing whatsoever relating to or arising out of the Executivethis Termination Agreement, individually or as a member of a classStock Purchase Agreement, now has, owns or holdsRegistration Statement, or has at any time heretofore had, owned the agreements or held, arising on instruments ancillary thereto or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliatestransactions contemplated thereby, or any action or failure to act under the Stock Purchase Agreement or in connection therewith, or in connection with the events leading to the abandonment of the purchase of the Shares by TRILOGY and any other transactions contemplated by the Stock Purchase Agreement and the mutual termination of such employmentthe Stock Purchase Agreement, including claims excepting only any claim, action, cause of action or suit arising (i) for severance out of an undertaking or vacation benefitspromise contained in this Termination Agreement, unpaid wages, salary or incentive payments, (ii) for breach with respect to any statements made or actions taken after the date of contractthis Termination Agreement. THE COMPANY ACKNOWLEDGES THAT IT HAS BEEN ADVISED BY ITS LEGAL COUNSEL AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, wrongful dischargeWHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, impairment WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." Being aware of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”)said Code section, the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974Company hereby expressly waives any rights it may have thereunder, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and well as any other statutes or common principles to similar or analogous state statute, excepting only:effect.

Release of Claims. In consideration Subject to the final sentence of this Section 10, on the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 Effective Date (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”i) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive Bankruptcy Estates and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does Committee shall be deemed hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from to irrevocably release any and all avoidance actions, claims, actionsliabilities, causes of action, complaints, charges, demands, action or other rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereofif any, against UBS, any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any property of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws UBS (including, without limitation, all laws concerning unlawful any property distributed to or retained by UBS under the Plan or this Settlement Agreement and unfair labor any property and/or distributions UBS received from NEAG), or any of its officers, employees, shareholders, directors, agents, representatives and employment practices) professionals, and (ivii) UBS shall be deemed hereby to irrevocably release any and all claims, liabilities, causes of action or other rights, if any, it may have against the Bankruptcy Estates, the Committee, any of their property, or any of their officers, employees, directors, shareholders, agents, representatives and professionals. In addition, effective on the Additional Release Effective Date, (a) UBS shall be deemed hereby to irrevocably release any and all claims, liabilities, causes of action or other rights, if any, it may have against any of the Utilities, any of their property, or any of their officers, employees, directors, shareholders, agents, representatives and professionals, arising from or relating to the Cases or the Richland EUP and (b) UBS shall be deemed irrevocably to release SPC, any of its property, or any of its officers, employees, directors, shareholders, agents, representatives and professionals from any and all claims arising from or related to any action or inaction of SPC prior to the Effective Date regarding the Agreement Between Nuexco Trading Corporation and Siemens Power Corporation--Nuclear Division for employment discrimination under any applicable federalthe Storage of Enriched UF6, state or local statutedated April 8, provision1993, order or regulationas amended from time to time, and including, without limitation, claims based upon SPC's confirmation of NTC's assignment, transfer or granting of security interests in the Richland EUP (collectively, the "Additional Releases"). Notwithstanding the foregoing, nothing in this Section 10 shall in any claim under Title VII way constitute a release of, or affect or otherwise impair, any of the Civil Rights Act following: A. Any claim against SPC or any affiliate thereof in respect of 1964 (“Title VII”)the German Collateral or the INB Litigation; and B. The Allowed Claims, the Civil Rights Act rights and obligations of 1988the parties under this Settlement Agreement, the Fair Labor Standards ActPlan, or any document, instrument or agreement executed, or court order issued, in connection with this Settlement Agreement or the Americans with Disabilities Act (“ADA”), Plan; and C. Any claims UBS may have against Bentxx xxxsonally under section 523(a) of the Employee Retirement Income Security Act Bankruptcy Code and UBS' right to pursue an action against Bentxx xxxking a determination that Bentxx'x xxxigations to UBS are non-dischargeable unless and until each other member of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and Committee waives or releases any similar claims or analogous state statute, excepting only:actions it may have; and D. UBS' right to seek additional consideration out of the post-petition earnings of Bentxx xxxsistent with the Bankruptcy Code if any other member of the Committee seeks such consideration.

Release of Claims. In consideration As used in this Release of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 Claims (the this “Employment AgreementRelease”), the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, proceedings, obligations, debts, accounts, attorneys’ fees, judgments, losses, and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. Capitalized terms used but not defined in this Release will have the meanings given to which Xxxxx Xxxxx them in the employment agreement dated [date] between Vistra Energy Corp., TXU Retail Services Company (the “Executive”) and Evoqua Water Technologies LLCtogether, a Delaware limited liability company (the “Company”) and Xxxxx Xxxxxx (each my “Agreement”). For and in consideration of the Executive severance payments and the Companybenefits, a “Party” and collectivelyother good and valuable consideration, the “Parties”) are partiesI, the sufficiency for and on behalf of which the Executive acknowledgesmyself and my executors, the Executive, with the intention of binding himself and his heirs, executorsadministrators, administrators representatives, and assigns, does hereby release, remise, acquit agree to release and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its direct and indirect parent and subsidiary entities, and all of their subsidiaries respective predecessors, successors, and affiliates (the “Company Affiliated Group”)past, their present current, and former officersfuture parent entities, affiliates, subsidiary entities, investors, directors, executivesshareholders, shareholdersmembers, officers, general or limited partners, employees, attorneys, agents, attorneysand representatives, employees and the employee benefit plans (and in which I am or have been a participant by virtue of my employment with or service to the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing Company (collectively, the “Company Released PartiesReleasees”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind claims that I have or nature in law, equity may have had against the Company Releasees based on any events or otherwise, whether accrued, absolute, contingent, unliquidated circumstances arising or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising occurring on or prior to the date hereof, against any Company Released Party that arises hereof and arising directly or indirectly out of, or relates relating to, the Employment Agreement, the Executive’s or in any other way involving in any manner whatsoever my employment with by or service to the Company or the termination thereof, including without limitation any of its subsidiaries and affiliatesall claims arising under federal, state, or any termination of such local laws relating to employment, including without limitation claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment breach of economic opportunityexpress or implied contract, fraud, misrepresentation, defamation, intentional infliction of emotional harm distress, whistleblowing, or other liability in tort, (iii) and claims of any kind that may be brought in any court or administrative agency, and any related claims for any violation of applicable state attorneys’ fees and local labor and employment laws (costs, including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim claims under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended, 42 U.S.C. Section 2000, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; the Civil Rights Act of 19881866, and the Civil Rights Act of 1991; 42 U.S.C. Section 1981, et seq.; the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621, et seq. (the “ADEA”); the Equal Pay Act, as amended, 29 U.S.C. Section 206(d); regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601 et seq.; the Fair Labor Standards ActAct of 1938, the Americans with Disabilities Act (“ADA”)as amended, 29 U.S.C. § 201 et seq.; the Employee Retirement Income Security Act of 1974Act, as amended amended, 29 U.S.C. § 1001 et seq.; and any similar state or local law. I agree further that this Release may be pleaded as a full defense to any action, suit, arbitration, or other proceeding covered by the terms hereof that is or may be initiated, prosecuted, or maintained by me or my descendants, dependents, heirs, executors, administrators, or assigns. By signing this Release, I acknowledge that I intend to waive and release all rights known or unknown that I may have against the Company Releasees under these and any other laws. I acknowledge and agree that as of the date I execute this Release, I have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph and that I have not filed any claim against any of the Releasees before any local, state, federal, or foreign agency, court, arbitrator, mediator, arbitration or mediation panel, or other body (each individually a “Proceeding”). I (i) acknowledge that I will not initiate or cause to be initiated on my behalf any Proceeding and will not participate in any Proceeding, in each case, except as required by law or to the extent such Proceeding relates to a claim not waived hereunder; and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission (“ERISAEEOC”), except in each case to the Age Discrimination extent such Proceeding relates to a claim not waived hereunder. Further, I understand that, by executing this Release, I will be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Company Releasees. By executing this Release, I specifically release all claims relating to my employment and its termination under ADEA, a federal statute that, among other things, prohibits discrimination on the basis of age in Employment Act employment and employee benefit plans. Notwithstanding the generality of the foregoing, I do not release (“ADEA”i) claims to receive my severance payments and benefits in accordance with the terms of the Agreement, (ii) claims with respect to benefits to which I am entitled under the employee benefit and compensation plans of the Company and its affiliates, including any rights to equity, (iii) claims to indemnification, or (iv) claims that cannot be waived by law. Further, nothing in this Release shall prevent me from (i) initiating or causing to be initiated on my behalf any claim against the Company before any local, state, or federal agency, court, or other body challenging the validity of the waiver of my claims under the ADEA (but no other portion of such waiver); or (ii) initiating or participating in an investigation or proceeding conducted by the EEOC. I acknowledge that I have been given at least [21]/[45]1 days in which to consider this Release. I acknowledge further that the Company has advised me to consult with an attorney of my choice before signing this Release, and I have had sufficient time to consider the terms of this Release. I represent and acknowledge that if I execute this Release before [21]/[45] days have elapsed, I do so knowingly, voluntarily, and upon the advice and with the approval of my legal counsel (if any), and that I voluntarily waive any similar remaining consideration period. I understand that after executing this Release, I have the right to revoke it within seven days after its execution. I understand that this Release will not become effective and enforceable unless the seven-day revocation period passes and I do not revoke the Release in writing. I understand that this Release may not be revoked after the seven-day revocation period has passed. I understand also that any revocation of this Release must be made in writing and delivered to the Company at its principal place of business within the seven-day period. This Release will become effective, irrevocable, and binding on the eighth day after its execution, so long as I have not timely revoked it as set forth above. I understand and acknowledge that I will not be entitled to the severance payments and benefits unless this Release is effective on or analogous state statute, excepting only:before the date that is sixty (60) days following the date of my termination of employment.

Release of Claims. In consideration of the payments and benefits to be made under payment by the Employment Company as set forth in paragraph 1 of this Separation Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectivelyprovisions of this Separation Agreement, the “Parties”) are parties, the receipt and sufficiency of which the Executive acknowledgesis hereby acknowledged, the ExecutiveXxxxxxx, with the intention of binding himself and for himself, his heirs, executors, administrators and assigns, does hereby release, remise, acquit absolutely and unconditionally release and forever discharge Holdings (as defined in the Employment Agreement), the Company and each any and all of its parent corporations, subsidiary corporations, affiliated and their subsidiaries predecessor corporations, divisions, insurers, indemnitors, heirs, successors, and affiliates (the “Company Affiliated Group”)assigns, their and each and everyone of them, together with all past and present and former directors, officers, directorsemployees, executives, shareholders, agents, attorneys, employees and employee benefit plans agents (and collectively the fiduciaries thereof"Released Parties"), and the successors, predecessors each and assigns of each everyone of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of actionsuits, proceedings, claims (including, but not limited to, claims for attorneys' fees), complaints, charges, demandsjudgments, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwiseexecutions, whether accruedliquidated or unliquidated, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, and whether related or unrelated to any present dispute as to law or facts or both, which the ExecutiveXxxxxxx has ever had, individually or as a member of a class, now presently has, owns or holdsclaims to have had against the Released Parties and each and everyone of the Released Parties, or has at the agreed upon consideration having been negotiated and bargained for all things above mentioned, and received in full satisfaction for all of the above. THE FOREGOING SPECIFICALLY INCLUDES ANY CLAIMS UNDER THE AGE DISCRIMINATION IN EMPLOYMENT ACT AND ANY APPLICABLE STATE CIVIL RIGHTS LAWS OR CITY CIVIL RIGHTS ORDINANCES. XXXXXXX IS NOT WAIVING ANY RIGHTS FOR EVENTS ARISING AFTER THE DATE OF EXECUTION OF THIS SEPARATION AGREEMENT. The Company and its subsidiaries, for their part, hereby release Xxxxxxx from any time heretofore had, owned or held, arising on or prior to and all claims they may have against him up through the date hereof, against any Company Released Party that arises out of, or relates to, the Employment of execution of this Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:.

Release of Claims. In consideration The Borrower represents and warrants to the Bank that ----------------- it has diligently and thoroughly investigated the existence of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings any Claim (as defined in below) and that, to its knowledge and belief, no Claim exists and no facts exist that could give rise to or support a Claim. As additional consideration for the Employment Agreement)Bank's entering into this letter amendment, the Company Borrower and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)agents, their present and former officersemployees, directors, executives, shareholders, agentsofficers, attorneys, employees and employee benefit plans (and the fiduciaries thereof)affiliates, and the successorssubsidiaries, predecessors successors and assigns of (each a "Releasing Party") hereby release --------------- and forever discharge the Bank and each of the foregoing its agents, direct and indirect shareholders, employees, directors, officers, attorneys, branches, affiliates, subsidiaries, successors and assigns (collectively, the “Company each a "Released Parties”), of and Party") from any and all -------------- damages, losses, claims, actions, causes of action, complaints, charges, demands, rightsliabilities, damages, debts, sums of money, accounts, financial obligations, suitsactions and causes of action whatsoever (collectively "Claims") that the Releasing Parties or any ------ of them may, expenses, attorneys’ fees and liabilities as of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, have or claim to have against any Company or all of the Released Party Parties, in each case whether currently known or unknown or with respect to which the facts are known (or should have been known), that arises out of, could give rise to or relates support a Claim on account of or in any way relating to, the Employment Agreementarising out of or based upon any Loan Document, any amendment, waiver or other modification with respect thereto, the Executive’s employment with the Company negotiation or documentation hereof or thereof, any of its subsidiaries and affiliatesthe transactions contemplated hereby or thereby, or any termination action or omission in connection with any of such employmentthe foregoing, including claims (i) for severance all such damages losses, claims, demands, liabilities, obligations, actions and causes of action heretofore sustained or vacation benefitsthat may arise as a consequence of the dealings between the parties up to the date hereof in connection with or in any way related to any Loan Document or any amendment, unpaid wagesStaar Surgical Company October 1, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm 2001 Page 7 waiver or other tort, (iii) for any violation of applicable state modification with respect thereto. Each Releasing Party further represents and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulationwarrants that it has not heretofore assigned, and including, without limitationcovenants and agrees that it will not hereafter xxx any Released Parry upon, any claim Claim released or purported to be released under Title VII this section. Each Releasing Party will indemnify and hold harmless the Released Parties against any loss or liability on account of any actions brought by any Releasing Party or its assigns or prosecuted on behalf of any Releasing Party and relating to any Claim released or purported to be released under this section. It is further understood and agreed that any and all rights under the provisions of Section 1542 of the California Civil Rights Act Code are expressly waived by each of 1964 (“Title VII”)the Releasing Parties. Section 1542 of the California Civil Code provides as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

Release of Claims. In consideration Parent and Seller, on behalf of the payments itself and benefits to be made under the Employment Agreementits predecessors, dated as of April 26successors, 2016 (the “Employment Agreement”)assigns, to which Xxxxx Xxxxx (the “Executive”) their past, present and Evoqua Water Technologies LLCfuture officers, a Delaware limited liability company (the “Company”) (each of the Executive agents directors employees, investors, stockholders Affiliates, administrators, beneficiaries, and representatives and the Companybeneficiaries, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each representatives of its and their subsidiaries and affiliates any of them (the “Company Affiliated GroupSeller Releasing Parties”), effective as of the Closing, fully, finally and irrevocably releases, acquits and forever discharges Buyer, Company, Company Subsidiaries each of their present and former officersrespective Affiliates, officers directors, executivesemployees, shareholdersattorneys, investment bankers, agents, attorneyspredecessors, employees successors and employee benefit plans (assigns of Buyer, Company and the fiduciaries thereof)Company Subsidiaries, and the successorsbeneficiaries, predecessors and assigns heirs, executors, representatives of each any of the foregoing them (collectively, the “Company Seller Released Parties”), of and ) from any and all claimsActions, actionsLiabilities, causes costs and expenses of actionevery kind and nature whatsoever, complaintswhether arising from any express, chargesimplied, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind oral or nature in law, equity written Contract or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, past, present or future, suspected or unsuspected, which at law or in equity, contingent or otherwise (collectively, a “Seller Potential Claim”), that the Executive, individually or as a member of a class, now has, owns or holdsSeller Releasing Parties, or any of them, had, has or may have in the future against any of the Seller Released Parties for any matter, cause or thing relating to Company and/or any Company Subsidiary, or any of their employees, officers and directors occurring at any time heretofore had, owned or held, arising on at or prior to the date hereofEffective Time including without limitation the Company Indebtedness, against any Company (subject to the exceptions described below, the “Seller Released Party Matters”), except that arises out the Seller Released Matters do not include, and nothing in this Agreement will affect or be construed as a waiver or release by the Seller Releasing Parties of, any Seller Potential Claim by the Seller Releasing Parties arising from or relates relating to, the Employment : (i) any rights or benefits available to any Seller Releasing Party under this Agreement, the Executive’s employment Escrow Agreement or any Related Agreement entered into by the Seller Releasing Parties in connection with the Company or any of its subsidiaries Transactions, and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach claims that cannot be released as a matter of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:Law.

Release of Claims. In Xx consideration of the payments payment of the Severance Amount and benefits to be made the provision of the Benefits Continuation (as such terms are defined under the Employment Agreement, dated as of April 26[_______], 2016 2018 (the ““ Employment Agreement”), to which Xxxxx Xxxxx Xxxx Xxxx (the “Executive”) and Evoqua Water Technologies LLCGypsum Management and Supply, Inc., a Delaware limited liability company Georgia corporation (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself Executive and his Executive’s heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. In As used in this Release of Claims (this “Release”), the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses, and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. For and in consideration of the payments and benefits to be made under the Severance Benefits (as defined in my Employment Agreement, dated as of April 2617 August, 2016 2015, with SeaWorld Entertainment, Inc. (the “Employment Agreement”)), to which and other good and valuable consideration, I, Xxxxx Xxxxx (the “Executive”) for and Evoqua Water Technologies LLCon behalf of myself and my heirs, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirsadministrators, executors, administrators and assigns, does hereby effective the date on which this release becomes effective pursuant to its terms, do fully and forever release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), each of the Company and each of its direct and their indirect subsidiaries and affiliates (the “Company Affiliated Group”)affiliates, together with their respective past and present and former officers, directors, executivespartners, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof)employees, and the successors, predecessors and assigns of each of the foregoing agents (collectively, the “Company Released PartiesGroup”), of and ) from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior claims whatsoever up to the date hereofhereof that I had, against any Company Released Party that arises out ofmay have had, or relates tonow have against the Group, for or by reason of any matter, cause, or thing whatsoever, including any claim arising out of or attributable to my employment or the Employment Agreement, the Executive’s termination of my employment with the Company or any of its subsidiaries and affiliatesCompany, or any termination of such employmentwhether for tort, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of express or implied employment contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm distress, wrongful termination, unjust dismissal, defamation, libel, or other tortslander, (iii) for or under any violation federal, state, or local law dealing with discrimination based on age, race, sex, national origin, handicap, religion, disability, or sexual orientation. This release of applicable state and local labor and employment laws (includingclaims includes, without limitationbut is not limited to, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination claims arising under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Civil Rights Act of 1991, the Family Medical Leave Act, and the Equal Pay Act, each as may be amended from time to time, and all other federal, state, and local laws, the common law, and any similar other purported restriction on an employer’s right to terminate the employment of employees. The release contained herein is intended to be a general release of any and all claims to the fullest extent permissible by law. I acknowledge and agree that as of the date I execute this Release, I have no knowledge of any facts or analogous circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph. By executing this Release, I specifically release all claims relating to my employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. Notwithstanding any provision of this Release to the contrary, by executing this Release, I am not releasing (i) any claims relating to my rights under Section 7 of the Employment Agreement, (ii) any claims that cannot be waived by law, (iii) my right of indemnification as provided by, and in accordance with the terms of, the Company’s by-laws or a Company insurance policy providing such coverage, as any of such may be amended from time to time, or (iv) my accrued and vested benefits, rights or payments under any employee benefit, incentive or equity plan or program of the Company. I expressly acknowledge and agree that I – • Am able to read the language, and understand the meaning and effect, of this Release; • Have no physical or mental impairment of any kind that has interfered with my ability to read and understand the meaning of this Release or its terms, and that I am not acting under the influence of any medication, drug, or chemical of any type in entering into this Release; • Am specifically agreeing to the terms of the release contained in this Release because the Company has agreed to pay me the Severance Benefits in consideration for my agreement to accept it in full settlement of all possible claims I might have or ever had, and because of my execution of this Release; • Acknowledge that, but for my execution of this Release, I would not be entitled to the Severance Benefits; • Understand that, by entering into this Release, I do not waive rights or claims under ADEA that may arise after the date I execute this Release; • Had or could have [twenty-one (21)][forty-five (45)]1 days from the date of my termination of employment (the “Release Expiration Date”) in which to review and consider this Release, and that if I execute this Release prior to the Release Expiration Date, I have voluntarily and knowingly waived the remainder of the review period; • Have not relied upon any representation or statement not set forth in this Release or my Employment Agreement made by the Company or any of its representatives; • Was advised to consult with my attorney regarding the terms and effect of this Release; and • Have signed this Release knowingly and voluntarily. I represent and warrant that I have not previously filed, and to the maximum extent permitted by law agree that I will not file, a complaint, charge, or lawsuit against any member of the Group regarding any of the claims released herein. I acknowledge and agree that nothing in this Release is intended to or shall limit, restrict, or interfere with my right under federal, state statuteand local laws to file an administrative charge or to participate in any governmental investigation. Notwithstanding, excepting only:if a federal, state or local administrative agency were to pursue any claims relating to my employment with Company, I agree that I shall not be entitled to recover any monetary damages or any other remedies or benefits as a result and that this Release and the Severance Benefits will control as the exclusive remedy and full settlement of all such claims by me. I hereby agree to waive any and all claims to re-employment with the Company or any other member of the Company Group (as defined in my Employment Agreement) affirmatively agree not to seek further employment with the Company or any other member of the Company Group. Notwithstanding anything contained herein to the contrary, this Release will not become effective or enforceable prior to the expiration of the period of seven (7) calendar days following the date of its execution by me (the “Revocation Period”), during which time I may revoke my acceptance of this Release by notifying the Company and the Board of Directors of the Company, in writing, delivered to the Company at its principal executive office, marked for the attention of its General Counsel. To be effective, such revocation must be received by the Company no later than 11:59 p.m. on the seventh (7th) calendar day following the execution of this Release. Provided that the Release is executed and I do not revoke it during the Revocation Period, the eighth (8th) day following the date on which this Release is

Release of Claims. In consideration Subject to and effective upon timely receipt of the payments and benefits to be made under Settlement Consideration by the Employment AgreementHolder, dated as of April 26, 2016 each Party (the “Employment AgreementReleasing Party”), to which Xxxxx Xxxxx (the “Executive”) for itself and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings its Affiliates (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereofbelow), and the for each of their respective predecessors, successors, predecessors assigns, heirs, representatives, and assigns agents and for all related parties, and all persons acting by, through, under or in concert with any of each of the foregoing them in both their official and personal capacities (collectively, the “Company Releasing Entities”) hereby irrevocably, unconditionally and forever releases, discharges and remises the other Party and each of its Affiliates and their respective predecessors, successors, assigns, heirs, representatives, and agents and for all related parties and all persons acting by, through, under or in concert with any of them in both their official and personal capacities (collectively, the “Released Parties”), from all claims of and from any type and all claims, manner of action and actions, cause and causes of action, complaints, charges, demands, rights, damagessuits, debts, dues, sums of money, accounts, financial obligationsreckonings, suitsbonds, expensesbills, attorneys’ fees specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and liabilities of whatever kind demands whatsoever, in law or nature in lawequity, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected that any Releasing Entity may have now or unsuspected, which may have in the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereoffuture, against any Company of the Released Party Parties to the extent that arises out ofthose claims arose, may have arisen, or relates toare based on events which occurred at any point in the past up to and including the Closing Date, to the extent related to or arising out of or in connection with the Debt or the Notes, but specifically excluding any claims arising out of or pertaining to this Agreement (collectively, the Employment Agreement“Released Claims”). The Releasing Party represents and warrants that no Released Claim released herein has been assigned, expressly, impliedly, or by operation of law, and that all Released Claims released herein are owned by the Executive’s employment with Releasing Party, which has the Company or any respective sole authority to release them. The Releasing Party, on its own behalf and on behalf of its subsidiaries other Releasing Entities, agrees that it and affiliatesits other Releasing Entities shall forever refrain and forebear from commencing, instituting or prosecuting any termination of such employmentlawsuit action or proceeding, including claims judicial, administrative or otherwise collect or enforce any Released Claim, which is released and discharged herein. For purposes herein, (i) for severance “Affiliate” means, with respect to a specified Person, any other Person that directly or vacation benefitsindirectly Controls, unpaid wagesis Controlled by or is under common Control with, salary or incentive payments, the specified Person; (ii) for breach “Control” means (a) the possession, directly or indirectly, of contract, wrongful discharge, impairment the power to vote 51% or more of economic opportunity, defamation, intentional infliction of emotional harm the securities or other tortequity interests of a Person having ordinary voting power, (b) the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a Person, by contractor otherwise, or (c) being a director, officer, executor, trustee or fiduciary (or their equivalents) of a Person or a Person that controls such Person; and (iii) for “Person” means a natural person, a corporation, a limited liability company, a partnership, an association, a trust or any violation of applicable state and local labor and employment laws (includingother entity or organization, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under including a government or political subdivision or any applicable federal, state agency or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:instrumentality thereof.

Release of Claims. In consideration of Effective upon the payments date hereof, each Existing Investor, and benefits to be made under the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive his, her or its equityholders, subsidiaries, affiliates, employees, agents, advisors, heirs, executors, administrators, legal and the Companypersonal representatives, a “Party” successors and assigns, as applicable (collectively, the “PartiesReleasors”) are parties), the sufficiency of which the Executive acknowledgeshereby unconditionally and irrevocably waives, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit releases and forever discharge Holdings (as defined in the Employment Agreement), discharges the Company and each of its affiliates and their subsidiaries its past, present and future directors, officers, employees, advisors, agents, predecessors, successors, assigns, equityholders, partners, insurers and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and ) from any and all claimsliabilities, actions, causes of action, complaintssuits, chargesguarantees, demandsproceedings, rightsgrievances, damagesexecutions, debtsjudgments and claims for injuries, sums of moneylosses, accountsinterest, financial obligations, suitscosts, expenses, attorneys’ indemnity, fines, penalties, legal and professional fees and liabilities assessments or other amounts of whatever any kind or nature whatsoever, in law, equity law or otherwisein equity, whether accruedexpress or implied, absolute, in each case whether absolute or contingent, unliquidated liquidated or otherwise and whether now unliquidated, known or unknown, suspected matured or unsuspectedunmatured, which from the Executive, individually or as a member inception of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to through the date hereof, that any Releasor ever had, may have or now has against any Company the Released Party that arises out ofParties in its capacity as a holder of an Existing Note or Warrant, or relates toin connection with the Purchase Agreement (collectively, the Employment Agreement“Claims”); provided, that, except as set forth in the last sentence of this paragraph, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims foregoing shall not (i) for severance release any rights of the Existing Investor arising under (a) any indemnification obligations under the DGCL or vacation benefits(b) the Replacement Notes, unpaid wages, salary or incentive payments, the transactions contemplated by this Consent Agreement; or (ii) for breach release any Claims that cannot be released as a matter of contractlaw (the “Non-Released Matters”). Each Existing Investor understands that this is a full and final release of all actions and Claims of any nature whatsoever, wrongful dischargewhether or not known, impairment of economic opportunitysuspected or claimed, defamation, intentional infliction of emotional harm that could have been asserted in any legal or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII equitable proceeding against the Released Parties as of the Civil Rights Act date hereof, except as expressly set forth in this Section 4(h). Existing Investor acknowledges that it, he or she may hereafter discover facts in addition to or different from those that Existing Investor now knows or believes to be true with respect to the subject matter of 1964 (“Title VII”)this release, but it is Existing Investor’s intention, except for the Non-Released Matters, to fully and finally and forever settle and release any and all claims that do now exist, may exist or heretofore have existed with respect to the subject matter of this release. In furtherance of this intention, the Civil Rights Act releases contained herein will be and remain in effect as full and complete general releases notwithstanding the discovery or existence of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar such additional or analogous state statute, excepting only:different facts.

Release of Claims. In consideration of the payments and benefits to be made under the Employment Agreement, dated as of April 26January 15, 2016 2018 (the “Employment Agreement”), to which Xxxxx Xxxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. In consideration Subject to the terms of the payments this paragraph, Johnston hereby irrevocably and benefits to be made under the Employment Agreementunconditionally releases, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), acquits anx xxxxxxr discharges the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present current and former officersparents, owners, stockholders, predecessors, successors, assigns, agents, consultants, directors, executivesofficers, shareholdersemployees, agentsrepresentatives, attorneys, employees divisions, subsidiaries, affiliates and employee benefit plans all persons acting by, through, under or in concert with any of them, (and collectively the fiduciaries thereof"Released Parties"), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, complaintssuits, chargesrights, demands, rightscosts, damageslosses, debts, sums of money, accounts, financial obligations, suits, expenses, debts and expenses (including attorneys’ ' fees and liabilities costs actually incurred), of whatever kind or any nature in lawwhatsoever, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected unknown ("Claim" or unsuspected, "Claims") which the Executive, individually or as a member of a class, Johnston now has, owns or owns, holds, or has which Johnston at any time heretofore hadheretofxxx xxx, owned owned, or held, arising on or prior to the date hereof, held against any Company Released Party that arises out ofof txx Xxxxxsed Parties, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitationbut not limited to: (a) all Claims under the AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967, as amended; (b) all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim Claims under Title VII of the Civil Rights Act of 1964 1964, as amended; (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), c) all Claims under the Employee Retirement Income Security Act of 1974, as amended; (d) all Claims arising under the Americans With Disabilities Act of 1990, as amended; (e) all Claims arising under the Family and Medical Leave Act of 1993, as amended; (f) all Claims related to Johnston's alleged employment with the Company; (g) all Claims of unxxxxxx xxxcrimination based on age, sex, race, religion, national origin, handicap, disability, equal pay, sexual orientation or otherwise; (h) all Claims of wrongful discharge, breach of an implied or express employment contract, negligent or intentional infliction of emotional distress, libel, defamation, breach of privacy, fraud, breach of any implied covenant of good faith and fair dealing and any other federal, state, or local common law or statutory claims, whether in tort or in contract; (i) all Claims related to unpaid wages, salary, overtime compensation, bonuses, severance pay, vacation pay, paid time off or other compensation or benefits arising out of Johnston's alleged employment with the Company; (j) all claims arisixx xxxxx xny federal, state or local regulation, law, code or statute; and (k) all claims arising under any and all written or oral agreements between the Parties or their affiliates, including without limitation the Employment Agreement among Johnston, GAINSCO, INC. and National Specialty Lines, Inc. dated Octxxxx 00, 1998, as such agreement may have been previously terminated, amended (“ERISA”)or supplemented, and the Stock Purchase Agreement among Johnston, GAINSCO, INC., National Specialty Lines, Inc. and Lalande Xxxxxxxxl Group, Inc. dated August 17, 1998, as such agreement may have been previously terminated, amended or supplemented; provided however, that nothing contained in this Agreement is intended to release the Company from any Claims that may arise following the Effective Date related to the Company's breach of the provisions of this Agreement or the Surviving Agreements. IN SHORT, IN EXCHANGE FOR THE CONSIDERATION DESCRIBED IN PARAGRAPH 6 OF THIS AGREEMENT, JOHNSTON IS VOLUNTARILY GIVING UP HIS RIGHT TO SUE THE RELEASED PARTXXX XXX ANY ALLEGED WRONGDOING WHICH PRECEDED TXX DATE THAT JOHNSTON SIGNED THIS AGREEMENT, EXCEPT THAT JOHNSTON DOES NOT RELINQXXXX XXX RIGHT TO CHALLENGE THIS AGREEMENT OX XXX XXSIS THAT IT WAS NOT KNOWING AND VOLUNTARY. HOWEVER, JOHNSTON HEREBY RE-AFFIRMS THAT THIS AGREEMENT IS KNOWING AND VOLUNTXXX. Subject to the terms of this paragraph, the Age Discrimination Company hereby irrevocably and unconditionally releases, acquits and forever discharges Johnston from any and all Claims which the Company now has, owns, hoxxx, xx which the Company at any time heretofore had, owned, or held against Johnston; provided however, that nothing contained in Employment Act (“ADEA”), and this Agreement xx xxxxnded to release Johnston from any similar Claims that may arise following the Effective Date xxxxxxx to Johnston's breach of the provisions of this Agreement or analogous state statute, excepting only:the Survivixx Xxxxxxxnts.

Release of Claims. In consideration Effective as of the payments and benefits to be made under the Employment AgreementClosing, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive Sellers does hereby for itself and the CompanyPersons it represents, a “Party” and collectivelycontrolled Affiliates, the “Parties”) are partiespartners, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executorsbeneficiaries, administrators successors and assigns, does hereby releaseif any, remise, acquit release and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executivesmanagers, members, shareholders, agentsAffiliates, attorneysemployees, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors agents successors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of from and from against any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of moneyliabilities, accounts, financial obligations, suitscosts, expenses, expenses (including attorneys’ and accountants’ fees and liabilities expenses), actions and causes of whatever kind or action of any nature in lawwhatsoever, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which in each case that existed or occurred on or before the ExecutiveClosing Date (“Released Matters”) that such Seller, individually in its his or her capacity as a member shareholder, investor, officer, director, contractor, consultant or employee of the Company has or may have; provided that this release shall not extend to any right of the Sellers under this Agreement. It is the intention of the Sellers in executing this release that this release contained in this Section 5.17 shall be effective as a classfull and final accord and satisfaction and general release of and from all Released Matters and the final resolution by the Sellers of all Released Matters. Each of the Sellers hereby represents to Buyer that such party has not voluntarily or involuntarily assigned or transferred or purported to assign or transfer to any Person any Released Matters and that no Person other than such party has any interest in any Released Matter by Law or contract or by virtue of any action or inaction by such party. The invalidity or unenforceability of any part of this Section 5.17 shall not affect the validity or enforceability of the remainder of this Section 5.17, now haswhich shall remain in full force and effect. Effective as of the Closing, owns or holdseach of the Sellers does hereby for itself and Persons it represents, or has at any time heretofore hadcontrolled Affiliates, owned or heldpartners, arising on or prior to heirs, beneficiaries, successors and assigns, if any, release and forever discharge the date hereofBuyer, the Company and their respective officers, directors, managers, members, shareholders, Affiliates, employees, agents successors and assigns from and against any and all claims, demands, damages, debts, liabilities, obligations, costs, expenses (including attorneys’ and accountants’ fees and expenses), actions and causes of action of any nature whatsoever, whether now known or unknown, suspected or unsuspected, that arise from any action taken or omitted to be taken by the Company Released Party under this Agreement or actions taken in connection with the preparation and delivery of any document by the Company hereunder (including the Spreadsheet), and each Seller agrees that arises out ofhe, she or relates toit will not seek to recover any amounts solely in connection therewith or thereunder from the Company, the Employment Agreement, the Executive’s employment with the Company Buyer or any of its subsidiaries and affiliates, their respective Affiliates or representatives or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act successors or assigns of 1964 (“Title VII”), any of the Civil Rights Act foregoing. Nothing contained herein shall not derogate from any right of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:Sellers under this Agreement.

Release of Claims. In consideration of Xxxxx’x promises, covenants and agreements, the payments Company for itself and benefits for any of its predecessors, successors and assigns and/or parent companies, subsidiaries, affiliates, divisions, hereby expressly releases, acquits and forever discharges Xxxxx and all his heirs, assigns and executors of and from any and all claims, demands, complaints, liabilities, causes of action, controversies, damages, charges, injuries, losses and deaths, whether at law or in equity, of any kind or nature whatsoever, whether asserted or unasserted, whether known or unknown, whether disclosed or undisclosed and whether suspected or unsuspected, which they now have, ever had, or hereafter claims to be made under have had against Xxxxx, from the Employment beginning of time to the date he executes this Agreement, dated including but not limited to (1) any and all claims, charges or causes of action of any kind whatsoever resulting from, arising out of or connected directly or indirectly with Xxxxx’x employment with the Company or the termination of that employment, as provided for in this Agreement, and (2) any and all claims of April 26whatever kind whatsoever, 2016 (the “Employment Agreement”)resulting from, to which arising out of or connected directly or indirectly with any relationship between Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company. This release is binding upon the Company’s successors and assigns. Xxxxx, a “Party” and collectivelyfor himself, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and administrators, agents, successors in interest, assigns, does and legal representatives, hereby releaseexpressly releases, remise, acquit acquits and forever discharge Holdings (as defined in discharges the Employment Agreement)Company, the Company and its parent companies, subsidiaries, affiliates, divisions, successors and related companies, and each and all of its and their subsidiaries and affiliates (the “Company Affiliated Group”)current or former agents, their present and former officers, directors, executives, shareholders, agentsmembers, employees, representatives, attorneys, employees successors, predecessors, assigns and employee benefit plans (and the fiduciaries thereof)insurers, and the successorsall persons acting by, predecessors and assigns through, under or in concert with any of each of the foregoing them (collectively, referred to collectively as the “Company Released PartiesReleasees”), of and from any and all claims, actionsdemands, complaints, liabilities, causes of action, complaintsdamages, attorney’s fees, charges, demandsagreements, promises, obligations, rights, damagesremedies, suits, injuries, debts, sums of money, accounts, financial obligations, suits, and expenses, attorneys’ fees and liabilities whether at law or in equity, of whatever any kind or nature in law, equity or otherwisewhatsoever, whether accruedasserted or unasserted, absolute, contingent, unliquidated or otherwise and whether now known or unknown, whether disclosed or undisclosed, and whether suspected or unsuspected, which the Executive, individually or as a member of a class, he now has, owns or holdsever had, or has at hereafter claims to have or have had against the Releasees, and each or any time heretofore hadof them, owned or held, arising on as of or prior to the date hereofhe executes this Agreement, against including but not limited to (1) any Company Released Party that arises claims, losses, injuries or damages of any kind whatsoever resulting from, arising out ofof or connected directly or indirectly with his employment with the Company, or relates tothe termination of that employment, the Employment Agreement, the Executive’s employment with or any other relationship between him and the Company or any of its subsidiaries the Releasees; (2) any and affiliatesall claims or rights under the Americans with Disabilities Act, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended, the Civil Rights Act of 19881991, the Fair Labor Standards Rehabilitation Act, the Americans with Disabilities Act (“ADA”)Maine Human Rights Act, the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act of 1990, or any other federal, state or local laws, regulations or ordinances prohibiting discrimination or retaliation, the Maine Whistleblower law; (“ADEA”)3) any and all claims arising under any federal, state or local laws concerning aviation, products licensing rights, or any other aspect of any safety laws regarding the flying or airplanes including any OSHA regulations applicable to such activities; (4) any and all claims growing out of any legal restrictions on the Company’s right to terminate its employees; and (5) any other claims under federal, state or local laws or common law, including but not limited to, any claims for breach of contract expressed or implied, breach of implied covenant, breach of oral or written promise, wrongful termination, wrongful discharge and violation of public policy, affliction of emotional distress, loss of consortium, personal injury arising out of or in the course of work, defamation or other injury resulting from any oral or written statement, inference with contractual relations, interference with professional business or economic advantage, and any similar misrepresentation and violations of employment contracts expressed or analogous state statuteimplied. This Release is binding upon Xxxxx’x heirs, excepting only:successors and assigns, and administrator or executor of his estate. The Parties expressly acknowledge and agree that the release contained herein is given in exchange for valuable consideration.

Release of Claims. In consideration of the payments payment of the Severance Amount and benefits to be made the provision of the Medical Benefit Continuation (as such terms are defined under the Employment Agreement, dated as of April 26of, 2016 [ ], 2015 (the “Employment Agreement”), to which Xxxxx Xxxxx Xxxx X. Xxxx (the “Executive”), JELD-WEN Holding, inc., an Oregon corporation (“Holding”) and Evoqua Water Technologies LLCJELD-WEN, inc., a Delaware limited liability company corporation (the “Company”) (each of the Executive Executive, Holding and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. In consideration of As a material inducement to the payments and benefits Company to be made under the Employment enter into this Agreement, dated as Xx. Xxxxxxx on behalf of April 26himself, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators his estate and his successors and assigns, does hereby releaseirrevocably and unconditionally releases, remise, acquit acquits and forever discharge Holdings (as defined in the Employment Agreement), discharges the Company and each of its the Company’s and their subsidiaries and affiliates (the “Company Affiliated Group”)Printing & Writing’s stockholders, their present and former officersmembers, predecessors, successors, assigns, agents, directors, executivesofficers, shareholdersemployees, agentsrepresentatives, attorneys, employees and employee benefit plans subsidiaries, affiliates (and the fiduciaries agents, directors, officers, employees, representatives and attorneys thereof), and the successorsall persons acting by, predecessors and assigns through, under or in concert with any of each of the foregoing them (collectively, the collectively “Company Released PartiesReleasees”), and each of and them, from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, complaintssuits, chargesrights, demands, rightscosts, damageslosses, debts, sums of money, accounts, financial obligations, suits, expenses, debts and expenses (including attorneys’ fees and liabilities costs actually incurred) of whatever kind or any nature in lawwhatsoever, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspectedunsuspected arising out of or in any way connected with his employment by the Company and Printing & Writing, including, but not limited to, any rights or claims arising under the Age Discrimination in Employment Act and Title VII of the 1964 Civil Rights Act as amended, breach of contract, impairment of economic opportunity, infliction of emotional harm or distress, or other tort, wrongful discharge or claims under any other state or federal law, which the Executive, individually or as a member of a class, Xx. Xxxxxxx now has, owns or holds, or has claims to have, own or hold, or which Xx. Xxxxxxx at any time heretofore had, owned or held, arising on or prior claimed to the date hereofhave, own or hold against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company each or any of its subsidiaries and affiliatesthe Releasees. Xx. Xxxxxxx is not releasing or waiving (a) any rights or claims that may arise after this Agreement is executed, (b) any claim for the sole purpose of enforcing Xx. Xxxxxxx’x rights under this Agreement, (c) any claim to enforce Xx. Xxxxxxx’x post-employment rights as of September 30, 2009 under any tax qualified employee pension plan then maintained by the Company, or any termination (d) Xx. Xxxxxxx’x right to indemnification while an officer of such employmentthe Company under applicable Wisconsin law, including claims (i) for severance the bylaws of the Company, or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, director and including, without limitation, any claim under Title VII of officer errors and omissions insurance policy maintained by the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:Company.

Release of Claims. a. In consideration of the payments promises of the VMTI Group under this Settlement and benefits to be made under the Employment AgreementRelease, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive Koy Group hereby unconditionally releases and forever discharges each of the CompanyVMTI Group, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators their successors and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former respective officers, directors, executivesshareholders, shareholderspartners, members, employees, agents, and attorneys, employees past and employee benefit plans present, (and the fiduciaries thereof"Released VMTI Parties," individually each is a "Released VMTI Party"), from each and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of every action, complaintscharge, chargesclaim, demandsright, rights, damages, debts, sums liability or demand of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever any kind or nature in lawnature, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected that any of the Koy Group had, now has or unsuspectedmay through the effective date of this Settlement and Release have against Contaldo, which Xxxxxx or VMTI or any other Released VMTI Party based on actions or events prior to the Executiveeffective date of this Settlement and Release, individually or as a member except for claims brought solely in the capacity of a classshareholder ("Shareholder Claims"). Without limiting the generality of the foregoing, specifically included in this release and discharge are each and every action, charge, claim, right, liability or demand of any kind or nature, known or unknown, any of the Koy Group had, now has, owns or holdsmay have through the effective date of this Settlement and Release, arising under any law, constitution, rule, regulation, statute, or has at any time heretofore hadcommon law theory, owned or heldwhether in tort, arising on or prior to the date hereofcontract, against any Company Released Party that arises out ofequity, or relates tootherwise, including without limitation any claims that any of the Employment Koy Group is entitled to any shares or additional shares of VMTI stock arising under the Settlement Agreement. Any action, charge, claim, right, liability, demand or other legal proceeding released and discharged under this Section is hereinafter referred to as a "Koy Claim". b. Without limiting the generality of the foregoing, each of the Koy Group hereby waives and otherwise relinquishes all right, title and interest in and to any shares of stock, warrants, options and other securities of any kind of VMTI including without limitation any shares described in the Koy Settlement Agreement, except for the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims following shares: (i) for severance the 1,882,567 shares issued in the name of CMFSI, or vacation benefits, unpaid wages, salary or incentive paymentsportion thereof which remains in the possession and ownership of any of the Koy Group and which are identified in Paragraph 2(A)(i) of the Koy Settlement Agreement, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tortthe Settlement Shares, (iii) for any violation the shares identified on EXHIBIT A attached hereto including the 245,799 shares reflected as being owned by the records of applicable state the Company's stock transfer agent and local labor and employment laws further referenced in (including, without limitation, all laws concerning unlawful and unfair labor and employment practicesiv) below and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII the 245799 shares identified in (iii) above which are reflected as owned by Xxxxx on the records of the Civil Rights Act of 1964 (“Title VII”)VMTI stock transfer agent, the Civil Rights Act certificate which the parties agree has been lost and which VMTI agrees to have reissued to the CMFSI Profit Sharing Plan upon delivery by Xxxxx to VMTI of 1988a form of Lost Certificate Affidavit acceptable to VMTI and its counsel, the Fair Labor Standards Act, the Americans together with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”)any other reasonable documentation required by VMTI stock transfer agent to issue a replacement certificate, and any amounts required pursuant to such stock transfer agent's bonding requirements in connection with the issuance of such certificate. Without limiting the foregoing, each of the Koy Group expressly waives and disclaims any right, title or interest in or to VMTI stock certificate number 501 issued in the name of Xxxxx for 2,627 shares, or any successor shares which such certificate would purportedly have generated following any stock split or similar action which may have occurred following the date of issuance of certificate number 501 and hereby consents to its cancellation. c. Each of the Koy Group further agrees that it will not instigate, advise or analogous state encourage any other person, group of persons, or any entity to file suit against any of the VMTI Group or any other Released VMTI Party, and that it will not assist in any action against any of the VMTI Group or any other Released VMTI Party, except in response to any court issued subpoena, notice of deposition or inquiry from a governmental agency, and it further represents and warrants that it has not filed any legal or administrative action of any kind against any of the VMTI Group or any other Released VMTI Party and except for Shareholder Claims. d. In consideration of the promises of the Koy Group under this Settlement and Release, each of the VMTI Group hereby unconditionally releases and forever discharges each of the Koy Group, their successors and assigns, and their respective officers, directors, shareholders, partners, members, employees, agents, and attorneys, past and present, ("Released Koy Parties," individually each is a "Released Koy Party"), from each and every action, charge, claim, right, liability or demand of any kind or nature, known or unknown (other than Shareholder Claims), that any of the VMTI Group had, now has or may through the effective date of this Settlement and Release have against any of the Koy Group or any other Released Koy Party based on actions or events prior to the effective date of this Settlement and Release. Without limiting the generality of the foregoing, specifically included in this release and discharge are each and every action, charge, claim, right, liability or demand of any kind or nature, known or unknown, any of the VMTI Group had, now has, or may have through the effective date of this Settlement and Release, arising under any law, constitution, rule, regulation, statute, excepting only:or common law theory, whether in tort, contract, equity, or otherwise, including without limitation any shares of stock of VMTI previously delivered to Koy. Any action, charge, claim, right, liability, demand or other legal proceeding released and discharged under this Section is hereinafter referred to as a "VMTI Claim". e. Each of the VMTI Group further agrees that it will not instigate, advise or encourage any other person, group of persons, or any entity to file suit against any of the Koy Group or any other Released Koy Party, and that it will not assist in any action against any of the Koy Group or any other Released Koy Party, except in response to any court issued subpoena, notice of deposition or inquiry from a governmental agency, and it further represents and warrants that it has not filed any legal or administrative action of any kind against any of the Koy Group or any other Released Koy Party and except for Shareholder Claims.

Release of Claims. In consideration As used in this Release of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 Claims (the this “Employment AgreementRelease”), the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, proceedings, obligations, debts, accounts, attorneys’ fees, judgments, losses, and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. Capitalized terms used but not defined in this Release will have the meanings given to which Xxxxx Xxxxx them in the employment agreement executed on July 20, 2022 and effective as of August 1, 2022, between Vistra Corp., Vistra Corporate Services Company (the “Executive”) and Evoqua Water Technologies LLCtogether, a Delaware limited liability company (the “Company”) and Xxxxxxxxxx X. Xxxxxxxx (each my “Agreement”). For and in consideration of the Executive severance payments and the Companybenefits, a “Party” and collectivelyother good and valuable consideration, the “Parties”) are partiesI, the sufficiency for and on behalf of which the Executive acknowledgesmyself and my executors, the Executive, with the intention of binding himself and his heirs, executorsadministrators, administrators representatives, and assigns, does hereby release, remise, acquit agree to release and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its direct and indirect parent and subsidiary entities, and all of their subsidiaries respective predecessors, successors, and affiliates (the “Company Affiliated Group”)past, their present current, and former officersfuture parent entities, affiliates, subsidiary entities, investors, directors, executivesshareholders, shareholdersmembers, officers, general or limited partners, employees, attorneys, agents, attorneysand representatives, employees and the employee benefit plans (and in which I am or have been a participant by virtue of my employment with or service to the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing Company (collectively, the “Company Released PartiesReleasees”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind claims that I have or nature in law, equity may have had against the Company Releasees based on any events or otherwise, whether accrued, absolute, contingent, unliquidated circumstances arising or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising occurring on or prior to the date hereof, against any Company Released Party that arises hereof and arising directly or indirectly out of, or relates relating to, the Employment Agreement, the Executive’s or in any other way involving in any manner whatsoever my employment with by or service to the Company or the termination thereof, including without limitation any of its subsidiaries and affiliatesall claims arising under federal, state, or any termination of such local laws relating to employment, including without limitation claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment breach of economic opportunityexpress or implied contract, fraud, misrepresentation, defamation, intentional infliction of emotional harm distress, whistleblowing, or other liability in tort, (iii) and claims of any kind that may be brought in any court or administrative agency, and any related claims for any violation of applicable state attorneys’ fees and local labor and employment laws (costs, including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim claims under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended, 42 U.S.C. Section 2000, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; the Civil Rights Act of 19881866, and the Civil Rights Act of 1991; 42 U.S.C. Section 1981, et seq.; the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621, et seq. (the “ADEA”); the Equal Pay Act, as amended, 29 U.S.C. Section 206(d); regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601 et seq.; the Fair Labor Standards ActAct of 1938, the Americans with Disabilities Act (“ADA”)as amended, 29 U.S.C. § 201 et seq.; the Employee Retirement Income Security Act of 1974Act, as amended amended, 29 U.S.C. § 1001 et seq.; and any similar state or local law. I agree further that this Release may be pleaded as a full defense to any action, suit, arbitration, or other proceeding covered by the terms hereof that is or may be initiated, prosecuted, or maintained by me or my descendants, dependents, heirs, executors, administrators, or assigns. By signing this Release, I acknowledge that I intend to waive and release all rights known or unknown that I may have against the Company Releasees under these and any other laws. I acknowledge and agree that as of the date I execute this Release, I have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph and that I have not filed any claim against any of the Releasees before any local, state, federal, or foreign agency, court, arbitrator, mediator, arbitration or mediation panel, or other body (each individually a “Proceeding”). I (i) acknowledge that I will not initiate or cause to be initiated on my behalf any Proceeding and will not participate in any Proceeding, in each case, except as required by law or to the extent such Proceeding relates to a claim not waived hereunder; and (ii) waive any right that I may have to benefit in any manner from any relief (whether monetary or otherwise) arising out of any Proceeding, including any Proceeding conducted by the Equal Employment Opportunity Commission (“ERISAEEOC”), except in each case to the Age Discrimination extent such Proceeding relates to a claim not waived hereunder. Further, I understand that, by executing this Release, I will be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Company Releasees. By executing this Release, I specifically release all claims relating to my employment and its termination under ADEA, a federal statute that, among other things, prohibits discrimination on the basis of age in Employment Act employment and employee benefit plans. Notwithstanding the generality of the foregoing, I do not release (“ADEA”i) claims to receive my severance payments and benefits in accordance with the terms of the Agreement, (ii) claims with respect to benefits to which I am entitled under the employee benefit and compensation plans of the Company and its affiliates, including any rights to equity, (iii) claims to indemnification, or (iv) claims that cannot be waived by law. Further, nothing in this Release shall prevent me from (i) initiating or causing to be initiated on my behalf any claim against the Company before any local, state, or federal agency, court, or other body challenging the validity of the waiver of my claims under the ADEA (but no other portion of such waiver); or (ii) initiating or participating in an investigation or proceeding conducted by the EEOC. I acknowledge that I have been given at least [21]/[45]1 days in which to consider this Release. I acknowledge further that the Company has advised me to consult with an attorney of my choice before signing this Release, and I have had sufficient time to consider the terms of this Release. I represent and acknowledge that if I execute this Release before [21]/[45] days have elapsed, I do so knowingly, voluntarily, and upon the advice and with the approval of my legal counsel (if any), and that I voluntarily waive any similar remaining consideration period. I understand that after executing this Release, I have the right to revoke it within seven days after its execution. I understand that this Release will not become effective and enforceable unless the seven-day revocation period passes and I do not revoke the Release in writing. I understand that this Release may not be revoked after the seven (7)-day revocation period has passed. I understand also that any revocation of this Release must be made in writing and delivered to the Company at its principal place of business within the seven (7)-day period. This Release will become effective, irrevocable, and binding on the eighth day after its execution, so long as I have not timely revoked it as set forth above. I understand and acknowledge that I will not be entitled to the severance payments and benefits unless this Release is effective on or analogous state statutebefore the date that is sixty (60) days following the date of my termination of employment. I hereby agree to waive any and all claims to re-employment with the Company or any of its affiliates and affirmatively agree not to seek further employment with the Company or any of its affiliates. The provisions of this Release will be binding upon my heirs, excepting only:executors, administrators, legal representatives, and assigns. If any provision of this Release will be held by any court of competent jurisdiction to be illegal, void, or unenforceable, such provision will be of no force or effect. The illegality or unenforceability of such provision, however, will have no effect upon and will not impair the enforceability of any other provision of this Release.

Release of Claims. In consideration Upon the effective date of the payments and benefits to be made under the Employment this Agreement, dated as of April 26IWS and its parent company, 2016 (the “Employment Agreement”)Can-B, to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each on their own behalf and on behalf of the Executive and the Companytheir respective companies, a “Party” and collectivelyaffiliates, the “Parties”) are partiesparents, the sufficiency of which the Executive acknowledgessubsidiaries, the Executiveofficers, with the intention of binding himself and his directors, shareholders, members, managers, agents, employees, attorneys, representatives, predecessors, successors, assigns, heirs, executors, administrators administrators, and assignsbeneficiaries (collectively, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated GroupReleasor”), hereby releases Mixxxxx Xxxx, WolfBerry Café, LLC, and their present and former respective companies, affiliates, parents, subsidiaries, officers, directors, executivesshareholders, shareholdersmembers, managers, agents, employees, attorneys, employees and employee benefit plans (and the fiduciaries thereof)representatives, and the predecessors, successors, predecessors assigns, heirs and assigns of each of the foregoing beneficiaries (collectively, the “Company Released PartiesReleasees”), of and ) from any and all claims, actions, causes of action, complaints, charges, demands, rights, damagessuits, debts, dues, sums of money, accounts, financial reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, obligations, suitspromises, expensesvariances, attorneys’ fees trespasses, damages, judgments, extents, executions, claims, and liabilities of whatever kind or nature in lawdemands whatsoever, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected in law, admiralty or unsuspectedequity, which against the ExecutiveReleasees, the Releasor (whether individually or as a member of a classcollectively) ever had, now has, owns or holdshave, or has at hereafter can, shall or may have, for, upon, or by reason of any time heretofore hadmatter, owned cause, or held, arising on or prior thing from the beginning of the world to the date hereofof this General Release, against any Company Released Party that arises out ofincluding, or relates but not limited to, the Employment Agreementall claims counterclaims and third-party claims asserted or which may have been asserted. By: Maxxx Xxxxxxx Member Date: 7/18/2022 By: Jexxxxx Xxxxxxx Chief Executive Officer Date: 7/18/2022 By: Maxxx Xxxxxxx Chief Executive Officer Date: 7/18/2022 A- Superfood powdered drink mix B- All-natural metabolic energy drink C- and other products that may be mutually agreed from time to time 1. Actual cost of raw materials, the Executive’s employment with the Company or packaging, product testing, any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulationlabor, and including, without limitation, any claim under Title VII 20% markup is Cost of the Civil Rights Act of 1964 Goods (“Title VIICOG”)) at $11.95 per bag, based on cost of raw materials as listed in Exhibit D. Any and all adjustments in actual cost of raw materials will be reflected in the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), price before 20% markup is calculated 2. FB will determine shipping options and any similar or analogous state statute, excepting only:be charged directly upon purchase.

Release of Claims. In consideration The severance benefits payable to You upon termination are expressly conditioned on You executing a general release of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 claims (the “Employment AgreementRelease”), to which Xxxxx Xxxxx ) substantially in the form attached hereto as Exhibit A within twenty-one (21) days after the date of such termination (the “ExecutiveTermination Date”) and Evoqua Water Technologies LLCsuch Release is not revoked by you within seven (7) days after execution. This Second Amendment shall be and is hereby incorporated in and forms a part of the Employment Letter. Guidance Software, Inc. Xxxxx Xxxxx /s/ Xxxxx Xxxxx By /s/ Xxxxxx xxx Xxxxxxxxxxxx Xxxxxx xxx Xxxxxxxxxxxx Chair, Compensation Committee Guidance Software, Inc. For a valuable consideration, the receipt and adequacy of which are hereby acknowledged, the undersigned does hereby release and forever discharge the “Releasees” hereunder, consisting of Guidance Software, Inc., a Delaware limited liability company corporation (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)partners, their present and former officersassociates, affiliates, successors, heirs, assigns, agents, directors, executivesofficers, employees, shareholders, agentsrepresentatives, attorneyslawyers, employees and employee benefit plans (and the fiduciaries thereof)insurers, and the successorsall persons acting by, predecessors and assigns through, under or in concert with them, or any of each of the foregoing (collectively, the “Company Released Parties”)them, of and from any and all claims, manner of action or actions, cause or causes of action, complaintsin law or in equity, chargessuits, debts, liens, contracts, agreements, promises, liability, claims, demands, rights, damages, debtslosses, sums of money, accounts, financial obligations, suits, expensescosts, attorneys’ fees and liabilities or expenses, of whatever kind or any nature in lawwhatsoever, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected fixed or unsuspectedcontingent (hereinafter called “Claims”), which the Executive, individually undersigned now has or as a member of a class, now has, owns or holdsmay hereafter have against the Releasees, or has at any of them, by reason of any matter, cause, or thing whatsoever from the beginning of time heretofore had, owned or held, arising on or prior to the date hereof. The Claims released herein include, against without limiting the generality of the foregoing, any Company Released Party that arises Claims in any way arising out of, based upon, or relates torelated to the employment or termination from employment of the undersigned by the Releasees, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, them; any claim for benefits under any stock option or other equity-based incentive plan of the Releasees (or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for related agreement to which any Releasee is a party); any alleged breach of contract, wrongful discharge, impairment any express or implied contract of economic opportunity, defamation, intentional infliction of emotional harm employment; any alleged torts or other tort, (iii) for alleged legal restrictions on Releasee’s right to terminate the employment of the undersigned; and any alleged violation of applicable any federal, state and or local labor and employment laws (statute or ordinance including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)1964, the Age Discrimination in Employment Act (“ADEA”)Act, the Americans With Disabilities Act, and the California Fair Employment and Housing Act. Notwithstanding the foregoing, this Release shall not operate to release any similar Claims which the undersigned may have to payments or analogous state statutebenefits under that certain Employment Agreement, excepting onlyas Twice Amended, between the Company and the undersigned. THE UNDERSIGNED ACKNOWLEDGES THAT HE HAS BEEN ADVISED BY LEGAL COUNSEL AND IS FAMILIAR WITH THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” THE UNDERSIGNED, BEING AWARE OF SAID CODE SECTION, HEREBY EXPRESSLY WAIVES ANY RIGHTS HE MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. IN ACCORDANCE WITH THE OLDER WORKERS BENEFIT PROTECTION ACT OF 1990, THE UNDERSIGNED IS HEREBY ADVISED AS FOLLOWS: (1) HE HAS THE RIGHT TO CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS RELEASE; (2) HE HAS TWENTY-ONE (21) DAYS TO CONSIDER THIS RELEASE BEFORE SIGNING IT; AND (3) HE HAS SEVEN (7) DAYS AFTER SIGNING THIS RELEASE TO REVOKE IT, AND THIS RELEASE WILL BECOME EFFECTIVE UPON THE EXPIRATION OF THAT REVOCATION PERIOD. The undersigned represents and warrants that there has been no assignment or other transfer of any interest in any Claim which he may have against Releasees, or any of them, and the undersigned agrees to indemnify and hold Releasees, and each of them, harmless from any liability, Claims, demands, damages, costs, expenses and attorneys’ fees incurred by Releasees, or any of them, as the result of any such assignment or transfer or any rights or Claims under any such assignment or transfer. It is the intention of the parties that this indemnity does not require payment as a condition precedent to recovery by the Releasees against the undersigned under this indemnity. The undersigned agrees that if he hereafter commences any suit arising out of, based upon, or relating to any of the Claims released hereunder or in any manner asserts against Releasees, or any of them, any of the Claims released hereunder, then the undersigned agrees to pay to Releasees, and each of them, in addition to any other damages caused to Releasees thereby, all attorneys fees incurred by Releasees in defending or otherwise responding to said suit or Claim; provided, however, that the undersigned shall not be obligated to pay the Releasees’ attorneys fees to the extent such fees are attributable to claims under the Age Discrimination in Employment Act or a challenge to the validity of the release of claims under the Age Discrimination in Employment Act. The undersigned further understands and agrees that neither the payment of any sum of money nor the execution of this Release shall constitute or be construed as an admission of any liability whatsoever by the Releasees, or any of them, who have consistently taken the position that they have no liability whatsoever to the undersigned.

Release of Claims. In consideration Each of Holdings and the Borrower hereby (and, by execution and delivery of the payments Acknowledgement and benefits Consent, each other Loan Party hereby) unconditionally, freely, voluntarily and, after consultation with counsel and becoming fully and adequately informed as to be made under the Employment Agreementrelevant facts, dated as of April 26circumstances and consequences, 2016 releases, waives and forever discharges (the “Employment Agreement”)and further agrees not to allege, to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”claim or pursue) (each a) any and all liabilities, indebtedness and obligations, whether known or unknown, of the Executive and the Companyany kind whatsoever, a “Party” and collectivelyof any Lender, the “Parties”) are partiesany Agent or any of such Lender’s or Agent’s present or former subsidiaries, the sufficiency of which the Executive acknowledgesaffiliates, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executivesemployees, shareholdersattorneys or other representatives or agents (collectively with their respective successors and assigns, agentsthe “Lender Parties”) to any Loan Party, attorneys(b) any legal, employees and employee benefit plans equitable or other obligations of any kind whatsoever, whether known or unknown, of any Lender Party to any Loan Party (and the fiduciaries thereofany rights of any Loan Party against any Lender Party), (c) any and all claims, whether known or unknown, under any oral or implied agreement with (or obligation or undertaking of any kind whatsoever of) any Lender Party which is different from or in addition to the express terms of this Amendment, the Credit Agreement and the successorsother Loan Documents and (d) all other claims, predecessors and assigns rights, causes of action, counterclaims or defenses of any kind whatsoever, in contract or in tort, in law or in equity, whether known or unknown, direct or derivative, which such Loan Party or any predecessor, successor or assign might otherwise have or may have against any Lender Party on account of any conduct, condition, act, omission, event, contract, liability, obligation, demand, covenant, promise, indebtedness, claim, right, cause of action, suit, damage, defense, circumstance or matter of any kind whatsoever, in the case of each of the foregoing clauses (collectivelya) through (d) which existed, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind arose or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has occurred at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises Amendment Effective Date and arose out of, of the Loan Documents or relates to, the Employment Agreement, financing made available by the Executive’s employment with Lender Parties pursuant to the Company Loan Documents or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:transactions directly related thereto.

Release of Claims. (a) In exchange for the consideration of extended to the payments and benefits to be made under Executive by the Employment Company in this Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention on behalf of binding himself and his Executive, Executive’s spouse, heirs, administrators, children, representatives, executors, administrators successors, assigns, and assignsall other persons claiming through Executive, if any (collectively, “Releasers”), does hereby release, remisewaive, acquit and forever discharge Holdings (as defined in the Employment Agreement)Company, the Company and each of its parent, subsidiary or affiliated entities, and each of their subsidiaries and affiliates (the “Company Affiliated Group”)respective current, their present and former officers, or future directors, executives, shareholdersofficers, agents, attorneysemployees, employees and employee benefit plans (and the fiduciaries thereof)trustees, stockholders, investors, joint ventures, and the successorsrepresentatives, predecessors and assigns of each of the foregoing their predecessors, successors and assigns, and any of their directors, officers, partners, members, agents and employees, both individually and in their official capacities (collectively, the “Company Released PartiesReleasees”)) from, and does fully waive any obligations of and from Releasees to Releasers for, any and all claimsliability, actions, charges, causes of action, complaints, charges, demands, rights, damages, debtsor claims for relief, remuneration, sums of money, accounts, financial obligations, suits, expenses, accounts or expenses (including attorneys’ fees and liabilities costs) of whatever any kind or nature in law, equity or otherwisewhatsoever, whether accrued, known or unknown or contingent or absolute, contingentwhich heretofore has been or which hereafter may be suffered or sustained, unliquidated directly or otherwise and whether now known or unknownindirectly, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or heldby Releasers in consequence of, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates in any way relating to, the Employment Agreement, the : Executive’s employment with the Company or any of its subsidiaries and or affiliates, including the termination of Executive’s employment, or any termination other events occurring on or prior to the date of such employmentthis Release. The release and discharge, including claims waiver and covenant not to xxx in this Agreement includes, but is not limited to, (i) all claims for severance or vacation benefits, unpaid wages, salary, bonuses, incentive compensation, stock, restricted stock, stock options, other equity incentive, severance pay, vacation pay or any other fees, compensation or benefits (except for vested rights and benefits as of the date of termination under any Company compensation or benefit plan, including without limitation accrued salary or incentive paymentsthrough the date of this Agreement and the right to reimbursement of business expenses incurred through the date of this Agreement in accordance with the Company’s policy), (ii) for all claims and any obligations or causes of action arising from such claims under common law including wrongful or retaliatory discharge or breach of contractcontract (including but not limited to any claims under the Employment Agreement and any claims under any equity incentive arrangements between Executive and the Company but excluding those claims set forth below as not covered by this release), wrongful discharge(iii) any action arising in tort including libel, impairment of economic opportunityslander, defamation, defamation or intentional infliction of emotional harm or other tortdistress, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination all claims or actions arising under any applicable federal, state or local statutestatute including the Age Discrimination in Employment Act (including the Older Workers Benefit Protection Act) (“ADEA”), provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 1964, the Civil Rights Acts of 1866 and 1871 (“Title VII”42 U.S.C. § 1981), the Civil Rights Act of 19881991, the Fair National Labor Standards Relations Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act of 1990, the Rehabilitation Act of 1973, the Equal Pay Act of 1963, the Genetic Information Nondiscrimination Act of 2008, Maryland Equal Pay Act, Title 20 of the State Government Article of the Maryland Annotated Code, the non-discrimination ordinances of Baltimore City and Xxxxxx, Xxxx Arundel, Prince George’s, and Xxxxxxxxxx Counties, or the discrimination or employment laws of any state or municipality, and/or any claims under any express or implied contract which Releasers may claim existed with Releasees. This also includes a release of any claims for alleged physical or personal injury, emotional distress relating to or arising out of Executive’s employment with the Company or any of its subsidiaries or affiliates. Notwithstanding anything herein to the contrary, Releasers do not release, and this release and waiver does not apply to and shall not be construed as amended to apply to: (“ERISA”A) any claim or right to receive the severance benefits set forth in Section 3.7 (Termination Payments) of the Employment Agreement; (B) any claim or right to indemnification under the Employment Agreement or any other agreement or arrangement; (C) any claim or right with respect to any vested interest under any equity or equity-based award plan of the Company; (E) any claim or right to continuation of health plan coverage pursuant to the Consolidated Omnibus Budget Reconciliation Act of 1985 (or similar law); and (F) any claim or right arising after the date hereof. (b) Excluded from this Agreement are any claims which cannot be waived by law, such as the right to make a claim for unemployment or worker’s compensation benefits. Nothing in this Agreement prevents, or is intended to prevent, Executive from filing a charge of discrimination with the EEOC or with any other federal, state or local civil rights agency, or from reporting possible violations of law to a governmental agency or entity or requires Executive to seek authorization from the Company or to notify the Company if Executive makes such reports. Nor shall anything in this Agreement interfere with Executive’s right to participate or cooperate in a proceeding with the EEOC or any other federal, state, or local government agency investigating or enforcing discrimination, or any other violation of state or federal law. However, in the event that a complaint is filed against the Company or its successors or assigns on Executive’s behalf or by Executive with an administrative agency relating to any act or omission occurring prior to the date of this Agreement, Executive waives and relinquishes any claim for damages or monetary recovery, except for any monetary award from a government-administered whistleblower program. Executive represents and warrants that Executive has not filed any complaint, charge, or lawsuit against the Releasees with any government agency or any court. (c) Executive agrees never to seek personal recovery from Releasees in any forum for any claim covered by the above waiver and release language, except that Executive may bring a claim under the ADEA to challenge this Agreement. Nothing in this Agreement is intended to reflect any party’s belief that Executive’s waiver of claims under ADEA is invalid or unenforceable, it being the intent of the parties that such claims are waived. (d) Executive agrees that neither this Agreement, nor the furnishing of the consideration for this Agreement, shall be deemed or construed at any time to be an admission by the Company, any Releasees or Executive of any improper or unlawful conduct. (e) The Parties acknowledge and agree that Executive’s obligations under Section 5 (Company Information and Company Materials), the Age Discrimination in Employment Act Section 6 (“ADEA”Non-Competition), Section 7 (Non- Solicitation of Customers), and Section 8 (Non-Solicitation of Employees) of the Employment Agreement survive the termination of employment and are incorporated herein by reference. Executive affirms that the restrictive covenants in the Employment Agreement are reasonable and necessary to protect the legitimate interests of the Company and its affiliates, and that Executive received adequate consideration in exchange for agreeing to those restrictions and will abide by those restrictions. The Parties acknowledge and agree that Section 2 (Duties) of the Employment Agreement expired as of the Termination Date. The Parties also acknowledge and agree that Section 6, Section 7 and Section 8 of the Employment Agreement survive for a period of one (1) year following the Termination Date and shall therefore expire on July 1, 2019. (f) Executive represents and warrants that he has been paid all wages due and owing as of the date of this Agreement, to which he would be entitled under the Fair Labor Standards Act, the Maryland Wage and Hour Law, the Maryland Wage Payment and Collection Act, all other applicable federal, state or municipal laws or ordinances, and the terms and conditions of any similar agreement or analogous state statutearrangement between Executive and the Company. (g) Executive acknowledges and recites that: a. Executive has executed this Agreement knowingly and voluntarily; b. Executive has read and understands this Agreement in its entirety; c. Executive has been advised and directed orally and in writing (and this subparagraph (c) constitutes such written direction) to seek legal counsel and any other advice Executive wishes with respect to the terms of this Agreement before executing it; d. Executive’s execution of this Agreement has not been forced by any employee or agent of the Company, excepting only:is without coercion, duress, fraud, or undue influence of any kind and Executive has had an opportunity to negotiate about the terms of this Agreement; and e. Executive has been offered 45 calendar days after receipt of this Agreement to consider its terms before executing it.

Release of Claims. In consideration 2.1. Subject to the terms and conditions herein, effective as of the payments Effective Date, each Party, for itself and benefits to be made under the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings its Affiliates (as defined in the Employment Agreementbelow), whether an Affiliate as of the Company Effective Date or hereafter becoming an Affiliate, and for each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)respective predecessors, their present and former officerssuccessors, directorsassigns, executivesheirs, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof)representatives, and the successorsagents and for all related parties, predecessors and assigns all persons acting by, through, under or in concert with any of each of the foregoing them in both their official and personal capacities (collectively, the “Company Releasing Parties”) hereby irrevocably, unconditionally and forever release, discharge and remise the other Party and its Affiliates (whether an Affiliate as of the Effective Date or later), and their respective predecessors, successors, assigns, heirs, representatives, and agents and for all related parties and all persons acting by, through, under or in concert with any of them in both their official and personal capacities (collectively, the “Released Parties”), from all claims of and from any type and all claims, manner of action and actions, cause and causes of action, complaints, charges, demands, rights, damagessuits, debts, dues, sums of money, accounts, financial obligationsreckonings, suitsbonds, expensesbills, attorneys’ fees specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and liabilities of whatever kind demands whatsoever, in law or nature in lawequity, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected that any Releasing Party may have now or unsuspected, which may have in the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereoffuture, against any Company of Released Party Parties to the extent that arises out ofthose claims arose, may have arisen, or relates toare based on events which occurred at any point in the past up to and including the Effective Date, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII such matters related to the service of Zsebok as an officer of the Civil Rights Act Company, but excluding any claims arising out of 1964 or pertaining to this Agreement (collectively, the “Title VIIReleased Claims”). Each Party as the Releasing Party represents and warrants that no Released Claim released by such Releasing Party has been assigned, expressly, impliedly, or by operation of law, and that all such Released Claims released herein are owned by the Releasing Party, which has the respective sole authority to release them. Each Party as the Releasing Party agrees that it shall forever refrain and forebear from commencing, instituting or prosecuting any lawsuit action or proceeding, judicial, administrative or otherwise collect or enforce any Released Claim which is released and discharged herein by the Releasing Party. For purposes herein, “Affiliate” shall mean, as to any person or entity (each, a “Person”), the Civil Rights Act any other Person that, directly or indirectly, through one of 1988more intermediaries, the Fair Labor Standards Actcontrols, the Americans is controlled by or is under common control with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:such Person.

Release of Claims. (a) In consideration of exchange for Employer agreeing to make the payments Payments referred to in Section 2 below, less applicable withholding, Executive releases Employer and benefits to be made under the Employment AgreementBCB, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries present, past and affiliates (the “Company Affiliated Group”), their present and former future officers, directors, executivesagents, employees, shareholders, members, affiliates, parents, subsidiaries, divisions, related companies, successors, predecessors, assigns, members, investors, trustees, partners, agents, attorneys, employees and employee benefit plans representatives (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the which collectively are referred to in this Agreement as “Company Released Parties”), of from, and from any and Executive waives, all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees debts and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior claims that existed up to the date hereoftime that Executive signs this Release, against any Company Released Party that arises out of, or relates including but not limited to, the Employment Agreement, the everything arising from or in any way related to Executive’s employment with the Company and/or the termination of Employee’s employment with the Company (referred to in this Release as “Claims”). This Release and Executive’s release and waiver of Claims includes, but is not limited to, the following: (1) All Claims against the Company and all companies and institutions related to or affiliated with the Company and the other Released Parties, and their successors, predecessors, officers, directors, agents, shareholders, members and employees, (2) All Claims asserted and all Claims that could have been asserted in a lawsuit by Executive against the Company and all companies and institutions related to or affiliated with the Company and the other Released Parties, and their successors, predecessors, officers, directors, agents, shareholders, members and employees, (3) All Claims of which Executive is now aware and all Claims of which Executive is not presently aware, (4) All Claims that, through Executive, Executive’s heirs, executors or administrators have, (5) All Claims arising under or relating to any policy, agreement, plan, understanding or promise, written or oral, formal or informal, between the Company or any of its subsidiaries the other Releasees and affiliatesExecutive, including, but not limited to, the Employment Agreement (6) All Claims for attorney’s fees, and (7) All Claims arising under common law or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federallocal, state or local statute, provision, order or regulation, and federal law including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”)but not limited to, the Civil Rights Act of 19881964, the Americans With Disabilities Act, the Equal Pay Act, the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Worker Adjustment and Retraining Notification Act, the Fair Labor Standards Act, the Americans Family and Medical Leave Act, the Genetic Information Nondiscrimination Act, the New Jersey Law Against Discrimination, the New Jersey Conscientious Employee Protection Act, the New Jersey Family Leave Act, New Jersey Wage Payment Law, New Jersey Wage and Hour Law, all local, municipal, state and federal wage and hour laws, all local, municipal, state and federal “whistleblower” laws, all other laws affecting employment, and all amendments of those laws. (b) Notwithstanding the foregoing, the Company and Executive recognize that nothing contained in this Section 1 shall in any way release or discharge: (i) Executive’s right to bring any Claim that cannot be waived under applicable law; (ii) Executive’s right to receive payment in accordance with Disabilities Act the terms of the Employment Agreement; (iii) Executive’s right to enforce, or bring any Claim for breach of, the Employment Agreement; (iv) Executive’s right to receive Executive’s equity in the Company pursuant to the terms of the any equity award agreement, as applicable; (v) Executive’s right to any vested benefits to which Executive may be entitled under any retirement or pension plan of the Company or its subsidiaries, as applicable; or (vi) Executive’s right to bring any Claim for indemnification under any applicable directors and officers liability insurance policy or applicable state or federal law, as applicable (the “ADAExcluded Claims”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:.

Release of Claims. In consideration Effective for all purposes as of the payments Effective Time, each Stockholder acknowledges and benefits to be made under the Employment Agreementagrees, dated as on behalf of April 26, 2016 (the “Employment Agreement”)itself and, to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLCextent applicable, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)current or former Affiliates, their present and former officers, directors, executivesemployees, managers, partners, principals, advisors, attorneys, agents, servants, shareholders, agentsmembers, investors, equity holders or other representatives, heirs, beneficiaries, grantors, estates, executors, administrators, trustees, successors or assigns (each a “Releasing Party”) that: (a) Releasing Party has no claims relating to the Company or the Business against the Company, Acquiror or Merger Sub, or their respective current or former Affiliates, officers, directors, employees, managers, partners, principals, advisors, attorneys, employees and employee benefit plans (and the fiduciaries thereof)agents, and the successorsservants, predecessors and shareholders, members, investors, equity holders or other representatives, successors or assigns of each of the foregoing (collectively, the “Company Released Parties”), of . (b) Releasing Party hereby irrevocably and unconditionally releases the Released Parties from any and all claims, actionsdemands, allegations, assertions, complaints, controversies, charges, duties, grievances, rights, causes of action, complaintssuits, chargesliabilities, demandsdebts, rightsobligations, promises, commitments, agreements, guarantees, endorsements, duties, damages, debtscosts, sums of moneylosses, accounts, financial obligations, suits, expenses, debts and expenses (including attorneys’ fees and liabilities costs incurred) of whatever kind any nature whatsoever (whether direct or nature in lawindirect, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected disclosed or unsuspectedundisclosed, which matured or unmatured, accrued or unaccrued, asserted or unasserted, absolute or contingent, determined or conditional, express or implied, at law or in equity, fixed or variable and whether vicarious, derivative, joint, several or secondary) relating to the ExecutiveCompany or the Business (collectively, individually or as a member of a class, now “Claims”) that any Releasing Party has, owns has ever had or holds, or has at any time heretofore had, owned or held, may hereafter have against the respective Released Parties arising on contemporaneously with or prior to the date hereofClosing Date or on account of or arising out of any matter, against any Company Released Party that arises out of, cause or relates to, the Employment Agreement, the Executive’s employment with event relating to the Company or any of its subsidiaries and affiliatesthe Business occurring contemporaneously with or prior to the Closing Date; provided, or any termination of such employmenthowever, including claims that the foregoing release shall not cover (i) for severance or vacation benefits, unpaid wages, salary or incentive paymentsrights of Company Stockholders under the Merger Agreement, (ii) for breach if Stockholder is a Surviving Corporation Indemnified Person, rights under the provisions set forth in Section 6.13 of contractthe Merger Agreement (including under the insurance policies referenced in Section 6.13(b) of the Merger Agreement), wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation if Stockholder is an employee of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitationthe Company, any claim under Title VII to compensation, benefits or expense reimbursements from the Company. (c) Releasing Party further irrevocably and unconditionally releases the Released Parties from any and all Claims that any Releasing Party has, has ever had, or may hereafter have, against the respective Released Parties on account of or arising out of the Civil Rights Act retention of 1964 (“Title VII”)the Holdback Amount by, or payment of the Holdback Amount to, the Civil Rights Act Representative and acknowledges and agrees that any Releasing Party’s sole remedy with respect to the Holdback Amount shall be against the Representative. (d) Releasing Party hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced, any proceeding of 1988any kind against any Released Party, based upon any matter released or waived pursuant to this Agreement. (e) Releasing Party acknowledges and agrees that (i) he, she or it has read this release and understands its terms and has been given an opportunity to ask questions of the Fair Labor Standards ActCompany’s representatives, (ii) he, she or it has had the Americans opportunity to consult with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination independent advisors in Employment Act (“ADEA”)connection with this Agreement, and (iii) he, she or it does not rely, and has not relied, on any similar representation or analogous state statutestatement made by any representative of the Company or anyone else with regard to the subject matter, excepting only:basis or effect of this release or otherwise. (f) This release is conditioned upon the consummation of the Merger as contemplated in the Merger Agreement, and shall become null and void, and shall have no effect whatsoever, without any action on the part of any Person, upon termination of the Merger Agreement in accordance with its terms.

Release of Claims. In consideration The Borrower and the Guarantors (each by its ----------------- execution or ratification of a Guaranty or Joinder Agreement) each hereby acknowledge and agree that none of them has any and there are no defenses, counterclaims, offsets, cross-complaints, claims or demands of any kind or nature whatsoever to or against the Agent, the Syndication Agent, the Documentation Agent, any of the payments Banks or the terms and benefits to be made under provisions of or the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each obligations of the Executive Borrower, any Guarantor or any Subsidiary or Foreign Affiliate created or evidenced by the Agreement or any of the other Loan Documents, and that neither the Company, a “Party” and collectivelyBorrower nor any of the Guarantors has any right to seek affirmative relief or damages of any kind or nature from the Agent, the “Parties”) are partiesSyndication Agent, the sufficiency Documentation Agent, any of which the Executive acknowledgesBanks or any of their respective predecessors, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (employees, Affiliates, successors or assigns. To the extent any such defenses, counterclaims, offsets, cross-complaints, claims, demands or rights exist, Borrower and the fiduciaries thereof)Guarantors (each by its execution or ratification of a Guaranty or Joinder Agreement) each hereby waives, and hereby knowingly and voluntarily releases and forever discharges the successorsAgent, predecessors and assigns of the Syndication Agent, the Documentation Agent, each of the foregoing (collectivelyBanks and their respective predecessors, the “Company Released Parties”)officers, of directors, agents, attorneys, employees, Affiliates, successors and assigns, from any and all possible claims, demands, actions, causes of action, defenses, counterclaims, offsets, cross-complaints, charges, demands, rights, damages, debtscosts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees expenses and liabilities of whatever kind or nature in law, equity or otherwisewhatsoever, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which such waiver and release being with full knowledge and understanding of the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries circumstances and affiliates, or any termination effects of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state waiver and local labor release and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans after having consulted legal counsel with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:respect thereto.

Release of Claims. In consideration of the payments and benefits to be made under the Employment AgreementEffective immediately, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive Naviset and the CompanyNEBO, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their respective predecessors, successors, subsidiaries and affiliates assigns (and any of the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, directors and employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing foregoing) (collectivelyeach, the “Company Released Parties”a "Releasing Party"), in their capacity as such, hereby covenants not to sue and forever releases xxd discharges Naviset and NEBO, respectively (and each of their respective present and from any former directors, officers, representatives, advisors (including but not limited to financial advisors), attorneys, accountants, employees, agents, parents, subsidiaries, affiliated persons and entities, predecessors, successors and assigns and heirs, executors and administrators and all persons acting in concert with any such party) (each, a "Released Party") from all manner of claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, action or suits, expensesat law or in equity, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected which each now has or unsuspectedhereafter can, which shall or may have by reason of any matter, cause or thing whatsoever relating to or arising out of the Executive, individually Share Exchange Agreement or as a member of a class, now has, owns the agreements or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws instruments ancillary thereto (including, without limitation, all laws concerning unlawful and unfair labor and employment practicesthe Management Agreement) and (iv) for employment discrimination or the transactions contemplated thereby, or any action or failure to act under any applicable federalthe Share Exchange Agreement or in connection therewith, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII in connection with the events leading to the abandonment of the Civil Rights Act transactions contemplated by the Share Exchange Agreement and the mutual termination of 1964 (“Title VII”), the Civil Rights Act of 1988, Share Exchange Agreement and the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statuteManagement Agreement, excepting only:only any claim, action, cause of action or suit arising (i) out of an undertaking or promise contained in this Termination Agreement, (ii) by virtue of obligations specifically surviving under the Share Exchange Agreement, or (iii) with respect to any statements made or actions taken after the date of this Termination Agreement.

Release of Claims. In consideration Shropshire, on behalf of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators administrators, representatives, successors and assigns, does hereby releasein consideration of the terms and conditions set forth in this Agreement, remiseand other good and valuable consideration, acquit the receipt and sufficiency of which is acknowledged, remises, releases and forever discharge Holdings (as defined in the Employment Agreement)discharges Bank and Company, the Company their representatives, subsidiaries, affiliated corporations, successors and each of its assigns and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former respective officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing agents (collectively, the “Company Released Parties”), of and "RELEASEES") from any and all claims, damages, actions, causes of action, complaintslosses, chargesliabilities, demands, rights, damagessuits, debts, dues, sums of money, accounts, financial obligationsreckonings, suitsbonds, expensesbills, attorneys’ fees specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, judgments, extents, executions, costs and liabilities expenses of whatever kind or any nature in lawwhatsoever, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, court costs and attorneys' fees, whether or not now known, claimed or suspected, fixed or contingent, in law or in equity relating in any way to his employment and relationship with Bank or Company (collectively, the "CLAIMS") which Shropshire now has, has ever had, has ever claimed to have had or may have against Releasees, including: any and all laws concerning unlawful Claims for violation of the common law, including, but not limited to, wrongful discharge of employment, breach of contract - express or implied, negligent or intentional infliction of emotional distress, negligent or intentional misrepresentations, negligence, slander, defamation or self-defamation; any and unfair labor and employment practices) and (iv) all Claims for employment discrimination under violation of any applicable federal, state state, local or local municipal rule, regulation or statute, provision, order or regulation, and including, without limitationbut not limited to, any claim under alleged violations of the Age Discrimination in Employment Act of 1967, as amended (and including the Older Workers Benefit Protection Act), 29 U.S.C. ss.621 ET SEQ. (the "ADEA"), the National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964 (“1964, as amended; Sections 1981 through 1988 of Title VII”), 42 of the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), United States Code; the Employee Retirement Income Security Act of 1974, as amended (“ERISA”)amended; the Immigration Reform Control Act, as amended; the Americans With Disabilities Act of 1990, as amended; the Family and Medical Leave Act of 1993; the Fair Labor Standards Act, as amended; the Occupational Safety and Health Act, as amended; the Consolidated Omnibus Budget Reconciliation Act, as amended, the Age Discrimination in Employment Act (“ADEA”)Kentucky Civil Rights Act, KRS Chapter 344, and all applicable state anti-discrimination, anti-retaliation, wage and hour and other employment laws; any similar and all Claims for violation of any public policy having any bearing whatsoever on the terms or analogous state statuteconditions of Shropshire's employment or cessation of employment with Bank and Company; any and all Claims arising directly or indirectly out of Shropshire's employment by bank or Company and any predecessor companies; and any and all Claims for attorneys' fees and costs. This Release of Claims does not impair the express obligations of Bank or Company that are set forth in this Agreement. Shropshire covenants and agrees that he will not assert any claim or initiate any legal or other action against any Releasee with respect to any matter covered by the foregoing release. Shropshire acknowledges and agrees that if he or any of his representatives, excepting only:heirs, executors or administrators should hereafter make against the Releasees any claim or demand or commence or threaten to commence any action, claim or proceeding otherwise prohibited by this Agreement, this paragraph may be raised as a complete bar to any such action, claim or proceeding and the applicable Releasees may recover from you all costs incurred in connection with such action, claim or proceeding. Notwithstanding anything to the contrary set forth in this Paxxxxxxx 0, Xxxxxxxxxx does not release in any way any rights he may have for indemnification as a director, officer or agent of Bank or Company pursuant to statutory law or pursuant to the articles of incorporation or bylaws of Bank or Company.

Release of Claims. In consideration Under the proposed Settlement, all Class Members will be bound by any final judgment entered by the Court and also bound by the release provisions of the payments Settlement Agreement. The Settlement Agreement provides that all “Released Claims” of Class Members that were or could have been brought in the Action against Defendants, and benefits any hospitals, pharmacies, or other medical providers with whom they contracted to provide release of information services and/or produce copies of medical records to requestors (collectively, “Released Parties) will be made under forever released, as provided for in the Employment Settlement Agreement. As provided in the Settlement Agreement, dated the Class Counsel, Class Representatives, and Class Members, as of April 26well as it or their heirs, 2016 (the “Employment Agreement”)agents, to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirsrepresentatives, executors, administrators and assigns, does hereby release, remise, acquit release and forever discharge Holdings (as defined in the Employment Agreement)Released Parties, the Company and each and every one of its them and their subsidiaries past, present, and affiliates (the “Company Affiliated Group”), their present and former future officers, directors, executivesstockholders, shareholdersattorneys, masters, principals, employees, insurers, reinsurers, agents, attorneysservants, employees and employee benefit plans (and the fiduciaries thereof)assigns, and the personal representatives, heirs, subsidiaries, parents, affiliated companies or divisions, distributes, indemnities, partners, successors-in-interest, predecessors and assigns of each and/or predecessors-in-interest. For purposes of the foregoing (collectivelySettlement and with reference to Releasors, the “Company Released Parties”), of and from Claims” further specifically extends to any and all past, present, or future claims, demands, damages, actions, causes causations of actionactions, complaints, charges, demands, rights, damages, debts, sums or suits of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever any kind or nature in lawwhatsoever seeking damages, equity equitable relief, and/or injunctive relief arising from or otherwiserelated to charges for copies of medical records requested by patients, whether accruedauthorized agents of patients, absoluteand authorized representative of patients pursuant to West Virginia Code §§ 16-29-1 et seq., contingent, unliquidated or otherwise and whether now known any similar federal or unknown, suspected or unsuspectedstate law that might be applied to a Release of Information Request covered by this settlement, which Releasors have or may have on account of the Executivematters which are the subject of this Action, individually or as a member including any claims alleging violation of a classthe West Virginia Consumer Credit and Protection Act, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior all subject to the date hereof, against any Company Released Party that arises out of, or relates to, approval of this Agreement by the Employment Court. Upon Court approval of the Settlement Agreement, the Executive’s employment Court shall enter a final judgment and order dismissing with prejudice and fully and finally settling this Action as to all Class Members. As provided for in the Company or Settlement Agreement, Releasors will be forever barred from seeking further relief on any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:Released Claims.

Release of Claims. In consideration of for the payments and other benefits to be made received by the Company Stockholder under the Employment terms of the Merger Agreement, dated subject to and effective as of April 26the Closing, 2016 (the “Employment Agreement”)Company Stockholder, to which Xxxxx Xxxxx (the “Executive”) for and Evoqua Water Technologies LLCon behalf of himself, a Delaware limited liability company (the “Company”) (herself or itself and each of the Executive and the Companyhis, a “Party” and collectivelyher or its, the “Parties”) are partiesas applicable, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and administrators, personal representatives, successors, assigns, does hereby releasesubsidiaries, remisepredecessors, acquit parent companies, shareholders and forever discharge Holdings (as defined Affiliates and in the Employment Agreement)each case, the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)respective Affiliates, their present and former officers, directors, executivespartners, shareholdersemployees, agents, attorneys, employees and employee benefit plans other representatives, hereby acknowledges full and complete satisfaction of and fully and irrevocably releases and forever discharges the Company, dMY (and and, for the fiduciaries thereofavoidance of doubt, the Trust Account), each of their respective subsidiaries and the their predecessors, successors, predecessors assignees, parent companies, shareholders and assigns of investors (direct and indirect) and, in each case, each of the foregoing their respective Affiliates, officers, directors, partners, employees, agents, attorneys and other representatives, past and present (collectively, the “Company Released PartiesEntities”), of and from liability on or for any and all charges, claims, controversies, actions, causes of action, complaintscross claims, chargescounterclaims, demands, rightsdebts, duties, sanctions, fines, compensatory damages, debtsliquidated damages, punitive or exemplary damages, other damages, claims for costs, attorney’s fees, sums of money, accounts, financial obligations, suits, expensescontracts, attorneys’ fees covenants, controversies, agreements, promises, responsibilities, obligations and liabilities accounts of whatever kind any kind, nature or nature description whatsoever in lawLaw or in equity (“Actions”), equity direct or otherwiseindirect, whether accruedpast, absolutepresent and future, contingent, unliquidated or otherwise and whether or not now known or unknownheretofore known, suspected suspected, matured or unsuspectedunmatured, which the Executive, individually contingent or as a member of a class, now has, owns or holdsuncontingent, or has at any time heretofore hadclaimed against the Released Entities, owned or heldthrough and including the Closing, arising on or prior in each case solely to the date hereof, against any Company Released Party extent that it arises out of, or relates is related to, (i) such Company Stockholder’s ownership of equity or debt interests in the Company prior to the Closing (including any and all Actions such Company Stockholder may have against the Released Entities in such Company Stockholder’s capacity as a securityholder or a debtholder of the Company) and (ii) the organization, management or operation of the businesses of the Company relating to any matter, occurrence, action, inaction, omission or activity prior to the Closing, in each case, solely in such Company Stockholder’s capacity as an equity or debt securityholder; provided, that such release shall not release the Released Entities for (i) any liabilities or Actions that such Company Stockholder has pursuant to its right to receive its portion of the Company Equity Value determined in accordance with, and subject to, the Employment Agreementterms of, and the steps set forth in, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive paymentsMerger Agreement, (ii) for breach any Actions arising out of contractor related to the Released Entities’ respective governing documents to provide indemnification, wrongful discharge, impairment reimbursement or advancement of economic opportunity, defamation, intentional infliction expenses to such Company Stockholder in respect of emotional harm actions taken or other tortomitted in such Company Stockholder’s capacity as an officer and/or director of such Released Entity prior to the Closing, (iii) for any violation Actions arising out of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and or related to the Released Entities’ contracts with or obligations to any Company Stockholder in respect of compensation arrangements as an officer and/or director of such Released Entity prior to the Closing or (iv) for employment discrimination under any applicable federalActions arising under, state or local statute, provision, order or regulation, and including, without limitationin connection with, any claim under Title VII commercial agreements as between any direct or indirect portfolio companies of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), Company Stockholder or its Affiliates and any similar or analogous state statute, excepting only:Released Entity.

Release of Claims. In consideration of the payments and benefits to be made under the Amended and Restated Employment Agreement, dated as of April 26, 2016 [____________] (the “Employment Agreement”), to which Xxxxx Xxxxx X. Xxxxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. In consideration of the promises and payments set forth herein, and benefits as a material inducement for the Parties to be made under the Employment enter into this Agreement, dated the Parties state as follows: (a) Executive, on behalf of April 26himself and his representatives, 2016 (the “Employment Agreement”)heirs, to which Xxxxx Xxxxx (the “Executive”) successors, assigns, devisees and Evoqua Water Technologies LLCexecutors, a Delaware limited liability company (the “Company”) (each of the Executive hereby unconditionally releases, acquits, and forever discharges the Company, a “Party” Rubicon Technologies, Inc., Rubicon Technologies Holdings, LLC, Rubicon Technologies International, Inc., Rubicon Global, LLC, Cleanco LLC, Charter Waste Management, Inc., Rubicon Technologies Germany UG, and collectivelyRiverRoad Waste Solutions, the “Parties”) are partiesInc. and each of their current, the sufficiency of which the Executive acknowledgesformer and future parents, the Executivesubsidiaries, with the intention of binding himself and his heirsaffiliates, executorsestates, administrators divisions, successors, insurers and assigns, does hereby releaseattorneys and all of their owners, remisestockholders, acquit and forever discharge Holdings (as defined in the Employment Agreement)general or limited partners, the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officersagents, directors, managers, officers, trustees, employees, representatives, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof)subrogees of all of the above, and the successors, predecessors all successors and assigns of each of the foregoing thereof (collectively, the “Company Released PartiesReleasees”), of and from any and all claims, charges, complaints, demands, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, complaints, charges, demandssuits, rights, damagesentitlements, costs, losses, debts, sums of money, accounts, financial obligations, suits, expenses, and expenses (including attorneys’ fees and liabilities legal expenses) of whatever kind or any nature in lawwhatsoever, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, Executive now has, owns or holdshad, or has at may hereafter claim to have had against the Releasees and/or any time heretofore hadof them by reason of any matter, owned or heldact, arising on or prior to the date hereofomission, against any Company Released Party that arises out oftransaction, occurrence, or relates toevent that has occurred or is alleged to have occurred up to and including the Effective Date (as defined in Paragraph 5) of this Agreement (the “Release”); provided, however, that the foregoing Release is not intended to and shall not release (i) any claims Executive may have to indemnification pursuant to the Employment Agreement, the ExecutiveIndemnification Agreement signed by Executive on or about August 15, 2022 (hereinafter the “Indemnification Agreement”), the Company’s employment with Certificate of Formation, Operating Agreement or the Delaware Limited Liability Company or any of its subsidiaries Act and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) any rights Executive may have pursuant to any policies of insurance maintained by the Company. (b) Executive also specifically agrees that the parties intend the Release to be general and comprehensive in nature and to release all claims and potential claims against the Releasees to the maximum extent permitted by law. The Release includes a knowing and voluntary waiver and release of any and all claims including, but not limited to, claims relating to any Special Bonus (as defined in the Employment Agreement and amendments thereto) (sometimes also referred to as a “Management Rollover Bonus”) and claims for nonpayment of wages, overtime or bonuses or any other claims relating to compensation or Executive’s employment, breach of contract, fraud, loss of consortium, emotional distress, personal injury, injury to reputation, injury to property, intentional torts, negligence, wrongful termination, constructive discharge, impairment retaliation, discrimination, harassment, non-payment of economic opportunityequity in the Company, defamationand any and all claims for recovery of lost wages or back pay, intentional infliction fringe benefits, pension benefits, severance, liquidated damages, front pay, compensatory and/or punitive damages, attorneys’ fees, injunctive or equitable relief, or any other form of emotional harm relief under any federal, state, or other tortlocal constitution, (iii) for any violation of applicable state and local labor and employment laws (includingstatute, law, rule, regulation, judicial doctrine, contract, or common law. Specifically included, without limitation, in this Release is a knowing and voluntary waiver and release of all laws concerning unlawful and unfair labor and claims, including without limitation all claims of employment practices) and (iv) for employment discrimination under discrimination, harassment, or retaliation or relating to any applicable federalmanner of employee benefits, state or local statute, provision, order or regulation, and including, without limitation, any claim under under: the Americans With Disabilities Act Amendments Act of 2008; Title VII of the Civil Rights Act of 1964 (“Title VII”), and the Civil Rights Act of 1988, 1991; the Fair National Labor Standards Relations Act, ; the Americans with Disabilities Act (“ADA”), Family and Medical Leave Act; the Employee Occupational Safety and Health Act; the Executive Retirement Income Security Act of 1974; The Lxxxx Xxxxxxxxx Fair Pay Act of 2009; the Georgia Fair Employment Practices Act; any claims under the Georgia Equal Pay Act; the Georgia Equal Employment for People with Disabilities Code; any other state and local laws of Georgia that may be lawfully waived by agreement; the Florida Civil Rights Act (FCRA); Florida Whistleblower Protection Act (FWA); Florida Workers’ Compensation Law Retaliation Act (FWCA); Florida Wage Discrimination Law; Florida Minimum Wage Act; Florida Equal Pay Law; Florida AIDS Act; Florida Discrimination on the Basis of Sickle Cell Trait Law; Florida OSHA; the Florida Constitution; the Florida Fair Housing Act (FHA); and any federal, state, or local constitution, statute, law, rule, ordinance, regulation, judicial doctrine, contract, common law, or other theory arising out of any matter, act, omission, transaction, occurrence, or event that has occurred or is alleged to have occurred up to and including the date that this Agreement is executed by Executive. (c) Executive expressly acknowledges that this Agreement may be pled as amended a complete defense and may bar any and all claims, known or unknown, against any or all the Releasees based on any matter, act, omission, transaction, occurrence, or event that has occurred or is alleged to have occurred up to and including the Effective Date of this Agreement. (“ERISA”)d) Executive acknowledges that this general release extends also to claims that Executive does not know or suspect to exist in Executive’s favor at the time of executing this Agreement which, if known by Executive, might have materially affected Executive’s decision to execute this Agreement. (e) Executive hereby knowingly and voluntarily waives and relinquishes all rights and benefits which Executive may have under applicable law with respect to such general release provisions. However, the Age Discrimination release in Employment Act this Paragraph 4: (“ADEA”)i) does not apply to any claims which cannot be waived as a matter of law or which arise after the date of Executive’s execution of this Agreement; and (ii) does not apply to prevent either Party from instituting an arbitration to enforce the terms of this Agreement or for breach of this Agreement. Additionally, any vested rights that Executive may have under the Rubicon Global Holdings, LLC 401(k) Plan will continue to be governed by the terms of such plan. Executive represents and warrants that he has not suffered any similar or analogous state statute, excepting only:on-the-job injury for which Executive has not already filed a claim as of the date he executes this Agreement.

Release of Claims. In consideration By execution of this Agreement, each of the payments Tenant Parties acknowledges and benefits to be made under confirms that it does not have any offsets, defenses or claims in connection with the Employment AgreementSubject Documents against the Landlord or any of its subsidiaries, dated affiliates, officers, directors, employees, agents, attorneys, predecessors, successors or assigns (“Released Parties”) whether asserted or unasserted. To the extent that such offsets, defenses or claims in connection with the Subject Documents may exist, each of the Tenant Parties on behalf of themselves and each of their respective successors, assigns, parents, subsidiaries, affiliates, predecessors, employees, agents, heirs and executors, as of April 26applicable (collectively, 2016 (the “Employment AgreementReleasors”), to which Xxxxx Xxxxx (jointly and severally, release and forever discharge the “Executive”) Landlord and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Companytheir respective subsidiaries, a “Party” and collectivelyaffiliates, the “Parties”) are partiesofficers, the sufficiency of which the Executive acknowledgesdirectors, the Executiveemployees, with the intention of binding himself and his heirsagents, executorsattorneys, administrators predecessors, successors and assigns, does hereby release, remise, acquit both present and forever discharge Holdings former (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (collectively the “Company Affiliated GroupLandlord Affiliates”)) of and from any and all manner of actions, their causes of action, suits, debts, controversies, damages, judgments, executions, claims and demands whatsoever, asserted or unasserted, in law or in equity, which Releasors ever had or now have against the Landlord in connection with the Subject Documents, including, without limitation, any presently existing claim or defense whether or not presently suspected, contemplated or anticipated. The term “Landlord” as used herein shall include, but shall not be limited to, its respective present and former officers, directors, executivesemployees, shareholdersagents . In this connection, agentseach Releasor agrees, attorneysrepresents and warrants that it realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to claims which are presently unknown, employees unanticipated and employee benefit plans (and the fiduciaries thereof)unsuspected, and further agrees, represents and warrants that the successorsrelease contained in Section 6(a) hereof has been negotiated and agreed upon in light of that realization and that it nevertheless hereby intends to release, predecessors discharge and assigns of each of acquit the foregoing (collectively, the “Company Released Parties”), of and Parties from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or such unknown, suspected unanticipated or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior unsuspected claims to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:extent provided herein.

Release of Claims. In consideration The Parties agree as follows: a. As of the payments and benefits to be made under Effective Date, in consideration for the Employment Agreementconsideration provided herein, dated as each member of April 26, 2016 (the “Employment Agreement”)Sophis Group, to which Xxxxx Xxxxx (the “Executive”) maximum extent permitted by law, hereby irrevocably and Evoqua Water Technologies LLCunconditionally releases and discharges the Company and its past or present predecessors, a Delaware limited liability company (the “Company”) (each of the Executive and the Companyparents, a “Party” and collectivelysubsidiaries, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings Affiliates (as defined in the Employment AgreementSecurities and Exchange Act of 1934, as amended), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)successors, their present and former assigns, officers, directors, executives, shareholders, agentsstockholders, attorneys, employees and employee benefit plans employees, and any related or affiliated corporations or entities, and their past or present predecessors, parents, subsidiaries, Affiliates, successors, assigns, officers, directors, stockholders, attorneys, employees, and any person or entity acting through or in concert with any of the preceding persons or entities (all of the preceding persons and entities, severally and in the fiduciaries thereofaggregate, will be referred to as “Releasees”), jointly and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”)severally, of and from any and all actions, claims, actionsdemands, debts, reckonings, contracts, agreements, covenants, damages, judgments, executions, liabilities, appeals, obligations, attorney’s fees, causes of action and suits of every kind and nature whatsoever, direct or derivative, from the beginning of time to the Effective Date, foreseen or unforeseen, known or unknown, asserted or unasserted, or which may be hereafter claimed to arise out of any action, complaintsinaction, chargesevent or matter occurring prior to and including the Effective Date, including, but not limited to, all claims for punitive damages, or attorney’s fees and costs, and any and all other claims arising under any law, rule, regulation, order or decision arising out of or relating to the matters and allegations described in this Amendment or the Settlement Agreement, that any or all Sophis Group Parties have had, now have, or may have against any Releasees, including, without limitation, any claims for breaches of fiduciary duties of the officers and directors of the Company in connection with any actions whatsoever taken by them at any time prior to and including the Effective Date and will take no action or otherwise assist in any way in connection therewith (the “Sophis Group Release”). b. As of the Effective Date, in consideration for the consideration provided herein, the Company and its current directors and executive officers, to the maximum extent permitted by law, hereby irrevocably and unconditionally release and discharge each member of the Sophis Group and their Affiliates, subsidiaries, joint ventures and partnerships, successors, assigns, officers, directors, partners, members, managers, principals, predecessor or successor entities, agents, employees, stockholders, auditors, advisors, consultants, attorneys, insurers, heirs, executors, administrators, and any successors and assigns of any such person or entity (the “Sophis Released Group”), jointly or severally, of from any and all actions, claims, demands, rightsdebts, reckonings, contracts, agreements, covenants, damages, debtsjudgments, sums of moneyexecutions, accountsliabilities, financial appeals, obligations, suitsattorney’s fees, expensescauses of action and suits of every kind and nature whatsoever, attorneys’ direct or derivative, from the beginning of time to the Effective Date, foreseen or unforeseen, known or unknown, asserted or unasserted, or which may be hereafter claimed to arise out of any action, inaction, event or matter occurring prior to and including the Effective Date, including, but not limited to, all claims for punitive damages, or attorney’s fees and liabilities of whatever kind or nature in costs, and any and all other claims arising under any law, equity rule, regulation, order or otherwisedecision, whether accruedthat any or all of the Company and its current directors and executive officers have had, absolutenow have, contingentor may have against any member of the Sophis Group and/or the Sophis Released Group, unliquidated including, without limitation, those arising out of or in any way relating to any member of the Sophis Group’s involvement or engagement with the Company and its current directors and executive officers, the matters and allegations described in this Amendment or the Settlement Agreement, employment at the Company, ownership of securities of the Company, the Lawsuit and the IP Claims, at any time prior to and including the Effective Date and will take no action or otherwise assist in any way in connection therewith (the “Company Release” and whether now together with the Sophis Group Release, the “Releases”). c. The Parties each acknowledge that as of the time of the Effective Date, the Parties may have claims against one another that a Party does not know or suspect to exist in his or its favor, including, without limitation, claims that, had they been known, might have affected the decision to enter into this Amendment, or to provide the releases set forth in this Section 2. In connection with such any such claims, the Parties agree that they intend to waive, relinquish, and release any and all provisions, rights, and benefits of any state or territory of the United States or other jurisdiction that purports to limit the application of a release to unknown claims, or to facts unknown at the time the release was entered into. In connection with this waiver, the Parties acknowledge that they, or any of them, may (including after the Effective Date) discover facts in addition to or different from those known or believed by them to be true with respect to the subject matter of the releases set forth in this Section 2, but it is the intention of the Parties to completely, fully, finally, and forever compromise, settle, release, discharge, and extinguish any and all claims that they may have one against another, known or unknown, suspected or unsuspected, which the Executivecontingent or absolute, individually accrued or as a member of a classunaccrued, apparent or unapparent, that now hasexist or previously existed, owns or holds, or has at any time heretofore had, owned or held, arising on or prior without regard to the date hereofsubsequent discovery of additional or different facts. The Parties acknowledge that the foregoing waiver is a key, against any Company Released Party bargained-for element to this Amendment and the Releases that arises out ofare part of it. d. The Releases provided for in this Section 2 are intended to be broad, or relates toand this breadth is a bargained-for feature of this Amendment. Notwithstanding anything to the contrary herein, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims Releases provided for in this Section 2 shall not apply to (i) for severance any rights or vacation benefits, unpaid wages, salary duties under this Amendment or incentive payments, (ii) any claims or causes of action that any Party may have for the breach or enforcement of contractany provision of this Amendment. e. The Parties acknowledge that they are aware of and familiar with the provisions of Section 1542 of the California Civil Code, wrongful dischargewhich provides as follows: The Parties hereby waive and relinquish all rights and benefits that they have under Section 1542 of the California Civil Code, impairment or the law of economic opportunityany other country, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federalterritory, state or local statutejurisdiction, provisionor common law principle, order to the same or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:effect.

Release of Claims. In consideration Other than for claims pursuant to or in connection with the Merger Agreement (including those related to the delivery of the payments Parent Shares and benefits the Earn-Out and rights related to be made under the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”Warrants), to which Xxxxx Xxxxx (the “Executive”) each Note Holder, on behalf of such Note Holder and Evoqua Water Technologies LLCsuch Note Holder’s agents, a Delaware limited liability company (the “Company”) (each of the Executive and the Companyrepresentatives, a “Party” and collectivelyemployees, the “Parties”) are partiesmanagers, the sufficiency of which the Executive acknowledgesmembers, the Executivepartners, with the intention of binding himself and his officers, directors, shareholders, spouse, heirs, executors, administrators administrators, trustees, affiliates, successors and assignsassigns (collectively, "Note Holder Parties"), does hereby effective on the Closing Date unconditionally, irrevocably, fully, forever and absolutely release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement)Company, the Company MergerSub and each of its Parent, and their subsidiaries and affiliates (the “Company Affiliated Group”), their respective present and former officers, directors, executives, shareholdersemployees, agents, attorneysrepresentatives, employees and employee benefit plans (and the fiduciaries thereof)members, and the successorsmanagers, predecessors partners, principals, predecessors, affiliates, alter egos, successors and assigns of each of the foregoing (collectively, the “Company "Released Parties”"), of and from any and all losses, liabilities, claims, demands, liens, actions, causes of action, complaints, charges, demands, rightsobligations, damages, debts, sums of money, accounts, financial obligations, suitsjudgments, expenses, attorneys’ fees costs, orders and liabilities suits of whatever kind or nature in lawany type (contingent, equity accrued or otherwise), whether accruedin law and/or in equity, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim or demand before any court, administrative body, public agency, or any other body, which any Note Holder Party may now or hereafter have against the Released Parties, related directly or indirectly or in any way arising out of or in connection with Old Notes or any related agreement between the Released Parties and Note Holder Parties, whether oral or written, or any other matter or agreement related thereto (collectively, "Claims"). For the avoidance of doubt, Claims shall not include any rights of a Note Holder Party, if applicable, under Title VII of the Civil Rights Act of 1964 (“Title VII”)employment agreements, the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar employee benefit plans or analogous state statute, excepting only:equity linked grants.

Release of Claims. In consideration Effective as of the payments and benefits Closing, each Seller, on behalf of itself, its successors, assigns, next-of-kin (to be made under the Employment Agreement, dated as of April 26, 2016 (extent the “Employment Agreement”Seller is a natural person), to which Xxxxx Xxxxx (the “Executive”) administrators, executors, agents and Evoqua Water Technologies LLCAffiliates, a Delaware limited liability company (the “Company”) (each of the Executive hereby fully and unconditionally releases, acquits and forever discharges Buyer and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)respective past, their present and former officersfuture successors, directorspredecessors, executivesassigns, shareholdersemployees, agents, attorneyspartners, employees members, subsidiaries, stockholders, parent companies, controlling persons, other Affiliates (corporate or otherwise) and employee benefit plans (legal representatives, including their respective past, present and the fiduciaries thereof)future officers and directors, solely in their capacities as such, and the any past, present and future successors, predecessors predecessors, assigns, employees, agents, partners, members, subsidiaries, stockholders, parent companies, controlling persons, other Affiliates (corporate or otherwise) and assigns legal representatives, including past, present and future officers and directors of each any of the foregoing (collectivelytogether, the “Company Released Parties”), of and from any and all manner of actions, causes of actions, claims, actionsdebts, obligations, demands, liabilities, Losses, compensation or other relief, whether known or unknown, matured or unmatured, contingent or otherwise, whether in law or equity, arising out of, relating to, accruing from or in connection with, (i) the Seller’s ownership of Company Common Stock and/or other equity interests in the Company, (ii) the Stock Sale, any provision of this Agreement or the transactions contemplated hereby (other than with respect to such Company Released Party’s respective obligations, including Buyer’s payment obligations hereunder, under this Agreement or any other documents or instruments ancillary to this Agreement to which the Seller is a party), (iii) any claims alleging a breach of duty on the part of the Company or any officer, director or stockholder of the Company and (iv) any and all other charges, complaints, claims, causes of action, complaintspromises, chargesagreements, rights to payment, rights to any equitable remedy, rights to any equitable subordination, demands, rightsdebts, liabilities, express or implied contracts, obligations of payment or performance, rights of offset or recoupment, accounts, damages, debtscosts, sums of money, accounts, financial obligations, suits, expenses, losses or expenses (including attorneys’ and other professional fees and liabilities of whatever kind or nature in law, equity or otherwiseexpenses) held by any Seller against any Company Released Party with respect to facts and circumstances arising prior to the Closing, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, matured or unmatured, suspected or unsuspected, which the Executiveliquidated or unliquidated, individually absolute or as a member of a classcontingent, now has, owns direct or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims derivative (clauses (i) for severance or vacation benefitsthrough (iv), unpaid wagescollectively, salary or incentive payments“Company Released Claims”). For the avoidance of doubt, (ii) for breach of contractnothing in this Section 6.7 shall affect any right to salary, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm wages or other tortemployee benefits accruing on, (iii) for any violation prior to or after the date of applicable state the Closing. It is the intention of the Sellers and local labor Buyer that this Section 6.7 shall, at the Closing, be effective as a full and employment laws (including, without limitation, all laws concerning unlawful final accord and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulationsatisfaction, and including, without limitation, any claim under Title VII release of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”)Company Released Claims, and that the releases herein extend to any similar and all claims of whatever kind or analogous state statutecharacter, excepting only:known or unknown.

Release of Claims. In As used in this Release of Claims (this “Release”), the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses, and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. For and in consideration of the payments and benefits to be made under the Severance Benefits (as defined in my Employment Agreement, dated as of April 26August 1, 2016 2024, with AdaptHealth Corp. (such corporation, the “Company” and such agreement, my “Employment Agreement”)), to which and other good and valuable consideration, I, Txxx Xxxxx Xxxxx (the “Executive”) Xxxxxxxx, for and Evoqua Water Technologies LLCon behalf of myself and my heirs, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirsadministrators, executors, administrators and assigns, does hereby effective as of the date on which this release becomes effective pursuant to its terms, do fully and forever release, remise, acquit and forever discharge Holdings (as defined in each of the Employment Agreement)Company, the Company and each of its direct and indirect subsidiaries and affiliates, and their subsidiaries respective successors and affiliates (the “Company Affiliated Group”)assigns, together with their present respective current and former officers, directors, executivespartners, shareholdersmembers, agents, attorneys, employees and employee benefit plans shareholders (and the fiduciaries thereofincluding any management company of a member or shareholder), employees, and the successors, predecessors and assigns of each of the foregoing agents (collectively, the “Company Released PartiesGroup”), of and from any and all claimsclaims whatsoever up to the date hereof that I had, actionsmay have had, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwisenow have against the Group, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected for or unsuspectedby reason of any matter, which the Executive, individually or as a member of a class, now has, owns or holdscause, or has at thing whatsoever, including any time heretofore had, owned claim arising out of or held, arising on attributable to my employment or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s termination of my employment with the Company or any of its subsidiaries and affiliatesCompany, or any termination of such employmentwhether for tort, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of express or implied contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tortdistress, (iii) for any wrongful termination, unjust dismissal, violation of applicable state public policy, defamation, libel, or slander, or under any federal, state, or local law dealing with discrimination, harassment or retaliation, and local labor and any other purported restriction on an employer’s right to terminate the employment laws (includingof employees. The release of claims in this Release includes, without limitationbut is not limited to, all laws concerning unlawful and unfair labor and employment practices) and claims arising under the Age Discrimination in Employment Act of 1967 (iv) for employment discrimination under any applicable federal“ADEA”), state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, the Americans with Disabilities Act of 1990, the Civil Rights Act of 1991, the Family and Medical Leave Act of 1993, the Worker Adjustment and Retraining Notification Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Equal Pay Act (“ADA”), of 1963 and the Employee Retirement Income Security Act (excluding claims for accrued, vested benefits under an employee pension or other retirement plan of 1974the Company), each as may be amended from time to time, and all other federal, state, and local laws and the common law or constitution of any jurisdiction. The release contained herein is intended to be a general release of any and all claims to the fullest extent permissible by law and for the provisions regarding the release of claims against the Group to be construed as broadly as possible, and hereby incorporate in this release similar federal, state or other laws, all of which I also hereby expressly waive. I acknowledge and agree that as of the date I execute this Release, I have [no knowledge of][have reported to the Company’s General Counsel in writing] any facts or circumstances that give rise or could give rise to any claims by me under any of the laws listed in the preceding paragraph. By executing this Release, I specifically release all claims relating to my employment and its termination under ADEA, a United States federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. Notwithstanding any provision of this Release to the contrary, by executing this Release, I am not releasing (i) any claims relating to my rights under Section 8 of my Employment Agreement, (ii) any claims that cannot be waived by law, or (iii) my right of indemnification as provided by, and in accordance with the terms of, the Company’s by-laws or a Company insurance policy providing such coverage, as any of such may be amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:from time to time.

Release of Claims. In consideration By operation of the payments entry of the Final Approval Order, and benefits except as to such rights or claims as may be made under the Employment created by this Agreement, dated as of April 26Class Members, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each who do not timely opt out of the Executive and the Companysettlement described herein, a “Party” and collectivelyincluding their agents, the “Parties”) are partiesassigns, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing or executors (collectively, the “Company Released Releasing Parties”)) shall completely, of fully, finally and from any forever compromise, settle, release, discharge, extinguish, relinquish, and dismiss with prejudice all claims, demands, rights, actions, causes of action, complaints, charges, demands, rightsliabilities, damages, debtslosses, sums of moneyobligations, accountsjudgments, financial obligationsduties, suits, costs, expenses, attorneys’ fees matters and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now issues known or unknown, contingent or absolute, suspected or unsuspected, which the Executivedisclosed or undisclosed, individually liquidated or as a member of a classunliquidated, matured or unmatured, accrued or unaccrued, apparent or unapparent he or she may have had, now has, owns or holdshave, or has at any time heretofore hadhad against the Defendants and all of their respective past or present officers, owned directors, stockholders, principals, representatives, employees, attorneys, financial or heldinvestment advisors, consultants, accountants, advisors or agents, insurers, heirs, executors, trustees, general or limited partners or partnerships, limited liability companies, members, joint ventures, personal or legal representatives, estates, or administrators (“Released Parties”) by reason of, arising on or prior to the date hereof, against any Company Released Party that arises out of, in connection with or relates torelating to the Sold Judgments, including without limitation the Employment Agreementclaims that were or could have been asserted in the Amended Complaint and any other claims that would be res judicata after judgment on the claims pled therein except that the Releasing Parties are not releasing any claims arising out of LR Credit Judgments that were purchased or acquired by any entity/person other than Virgo Capital, LLC or Aquarius Capital, LLC (“Released Claims”). Upon the Executive’s employment with the Company or Effective Date, all Releasing Parties shall be barred from asserting any Released Claims against any of its subsidiaries the Released Parties, and affiliatesall Releasing Parties shall be deemed to have covenanted that they will not file, prosecute, or intervene in, or receive any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitationbenefits from, any other lawsuit or proceeding that is based on or arises from any claim under Title VII released by operation of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:this Agreement.

Release of Claims. In consideration Notwithstanding anything contained herein to the contrary, Company’s obligations to make the Severance Payment and the payments described in Sections 4.b. and 4.c. hereof are conditioned on Employee’s (i) execution and delivery of this Agreement including the General Release and Covenant Not to Sue (“Release”) in the form set forth in in this Section 9 hereof , (ii) nonrevocation of the payments Release, (iii) execution, delivery and benefits to be made under the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each non-revocation of the Executive affirmation of the Release set forth on Exhibit A hereto and (iv) compliance with the terms of the Release and the CompanyEmployee Covenants set forth in Section 7 hereof. This general release of claims also does not apply to, a “Party” waive, affect, limit or interfere with Employee’s preserved rights described in Section 6 hereof. Except as set forth in Section 6 hereof, Employee hereby releases and collectivelyforever discharges, and covenants not to sue, Company or its subsidiaries, affiliates, their directors, members, officers, employees, agents, stockholders, successors and assigns, both individually and in their official capacities, (together, the “Company Released Parties”) are partiesfrom, the sufficiency and with respect to, any and all actions, causes of action, covenants, contracts, claims, demands, suits, and liabilities whatsoever, which the Executive acknowledgesEmployee ever had, the Executive, with the intention of binding himself and his now has or which Employee’s heirs, executors, administrators and assigns, does hereby releaseor any of them hereafter can, remiseshall or may have by reason of or related to Employee’s employment with, acquit and forever discharge Holdings (as defined in the Employment Agreement)or termination of employment from, the Company and each of and/or its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Released Claims”). Except as set forth in Section 6 hereof, Employee is providing a complete waiver of all claims against the Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwiseParties that may have arisen, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspectedup and until the effective date of this Release. This includes, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates but is not limited to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under based on Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, the Civil Rights Act of 19881866, the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act) (the “ADEA”), the Americans With Disabilities Act, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”)Equal Pay Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 19741974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company Released Parties), the Uniform Trade Secrets Act, the Sarbanes-Xxxxx Xxx xx 2002, the California Fair Employment and Housing Act, the Unruh Cixxx Xights Act, the California Family Rights Act, and the California Labor, Government, and Business and Professions Codes, and all applicable amendments to the foregoing acts and laws, or any common law, public policy, contract (whether oral or written, express or implied) or tort law, and any other local, state or Federal law, regulation or ordinance having any bearing whatsoever on the terms and conditions of Employee’s employment and the cessation thereof. Employee further agrees, promises and covenants that, to the maximum extent permitted by law, and except as amended set forth in Section 6 hereof, neither Employee, nor any person, organization, or other entity acting on Employee’s behalf has or will file, charge, claim, sue, or cause or permit to be filed, charged or claimed, any action for damages or other relief (including injunctive, declaratory, monetary or other relief) against the Company Released Parties involving any matter occurring in the past up to the date of this Release, or involving or based upon any claims, demands, causes of action, obligations, damages or liabilities which are the subject of this Release. Notwithstanding the foregoing, this Release does not apply to Employee’s right to file a claim to enforce this Agreement. Nor does this Release apply to Employee’s rights to payments or other benefits or to other rights due to Employee pursuant to the terms of any employee benefit plans, incentive compensation plans or agreements or directors’ and officers’ insurance policies of Company in which or under which Employee participates or is covered on the date Employee signs this Agreement, which rights continue to be governed by the terms of the applicable plan documents, agreements and policies. Notwithstanding the foregoing, this Release does not release claims that cannot be released as a matter of law, including any right to file a charge with or participate in a charge by the Equal Employment Opportunity Commission (“ERISAEEOC”), the Age Discrimination Department of Labor, or any other local, state, or federal administrative body or government agency that is authorized to enforce or administer laws related to employment, against the Company. However, except as set forth in Employment Act Section 6 hereof, by executing this Release, Employee hereby waives the right to monetary recovery from the Company, no matter how denominated, including, but not limited to, wages, back pay, front pay, compensatory damages, or punitive damages, in any proceeding Employee may bring before the EEOC or any state human rights commission or in any proceeding brought by the EEOC or any state human rights commission on the Employee’s behalf. Employee agrees that Employee has carefully read this Release and is signing it voluntarily. Employee fully understands that the terms of this Release contain a release of potentially valuable claims. Employee acknowledges that Company has advised Employee to consult with an attorney prior to signing this Release and that Employee has had sufficient time to consider the terms of this Release. Employee acknowledges that Company has advised Employee that Employee may consider this Release for up to twenty-one (“ADEA”)21) calendar days after receipt prior to signing. Company and Employee agree that any changes, whether or not material, made to this Agreement and any similar or analogous state statute, excepting only:this Release do not restart the twenty-one (21) calendar day review period. Employee acknowledges that Company has advised Employee that this Release is not effective until seven (7) calendar days after the execution of this Release and that the Employee may revoke this Release within seven (7) calendar days from the date of execution hereof by delivering a notice in accordance with Section 10 hereof.

Release of Claims. In consideration of Effective upon the payments date hereof, each Majority and benefits to be made under the Employment AgreementMinority Investor, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Companyhis, a “Party” and collectivelyher or its equity holders, the “Parties”) are partiessubsidiaries, the sufficiency of which the Executive acknowledgesaffiliates, the Executiveemployees, with the intention of binding himself and his agents, advisors, heirs, executors, administrators administrators, legal and personal representatives, successors and assigns, does as applicable (singularly, a “Releasor”), hereby releaseunconditionally and irrevocably waives, remise, acquit releases and forever discharge Holdings (as defined in the Employment Agreement), discharges the Company and each of its affiliates and their subsidiaries its past, present and future directors, officers, employees, advisors, agents, predecessors, successors, assigns, equity holders, partners, insurers and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and ) from any and all claimsliabilities, actions, causes of action, complaintssuits, chargesguarantees, demandsproceedings, rightsgrievances, damagesexecutions, debtsjudgments and claims for injuries, sums of moneylosses, accountsinterest, financial obligations, suitscosts, expenses, attorneys’ indemnity, fines, penalties, legal and professional fees and liabilities assessments or other amounts of whatever any kind or nature whatsoever, in law, equity law or otherwisein equity, whether accruedexpress or implied, absolute, in each case whether absolute or contingent, unliquidated liquidated or otherwise and whether now unliquidated, known or unknown, suspected matured or unsuspectedunmatured, which from the Executive, individually or as a member inception of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to through the date hereof, that any Releasor ever had, may have or now has against any Company the Released Party that arises out ofParties in its capacity as a holder of a Replacement Note, or relates toin connection with the conversion thereof, the Employment Notes or the Purchase Agreement, the Executive’s employment with Registration Rights Agreement and other Transaction Documents (collectively, the Company or any “Claims”); provided, that, except as set forth in the last sentence of its subsidiaries and affiliatesthis paragraph, or any termination of such employment, including claims the foregoing shall not (i) for severance release any rights of the Majority or vacation benefits, unpaid wages, salary Minority Investor arising under (a) any indemnification obligations under Delaware law or incentive payments, (b) the transactions contemplated by this Agreement; or (ii) for breach release any Claims that cannot be released as a matter of contractlaw (the “Non-Released Matters”). Each Majority and Minority Investor understands that this is a full and final release of all actions and Claims of any nature whatsoever, wrongful dischargewhether known, impairment of economic opportunitysuspected or claimed, defamation, intentional infliction of emotional harm that could have been asserted in any legal or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII equitable proceeding against the Released Parties as of the Civil Rights Act date hereof, except as expressly set forth in this Section 6(h). Each Majority and Minority Investor acknowledges that it, he or she may hereafter discover facts in addition to or different from those that each Majority or Minority Investor now knows or believes to be true with respect to the subject matter of 1964 (“Title VII”)this release, but it is the Majority and Minority Investor’s intention, except for the Non-Released Matters, to fully and finally and forever settle and release any and all claims that do now exist, may exist or heretofore have existed with respect to the subject matter of this release. In furtherance of this intention, the Civil Rights Act releases contained herein will be and remain in effect as full and complete general releases notwithstanding the discovery or existence of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar such additional or analogous state statute, excepting only:different facts.

Release of Claims. In consideration Employee agrees that the Additional Consideration provided for in this Agreement represents settlement in full of all outstanding obligations owed to Employee by the payments Company, its officers, managers, supervisors, members, agents and benefits to be made under employees. Employee, on Employee’s own behalf, and on behalf of Employee’s heirs, representatives, executors, administrators, attorneys, family members, executors, agents, successors in interest, and assigns, hereby fully, knowingly and forever releases the Employment AgreementCompany and their past, dated present and future owners, parents, subsidiaries, divisions, affiliates, future affiliates, related entities, joint ventures, partners and members, as well as each of April 26their respective past, 2016 present and future directors, officers, investors, shareholders, administrators, agents, associates, representatives, employees, attorneys, predecessors, successors and assigns, and any and all of them (the “Employment Agreement”), to which Xxxxx Xxxxx (the “ExecutiveReleasees”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claimsliability, actions, causes of action, complaintsclaims, charges, complaints, demands, rightsgrievances, promises, obligations, losses, damages, debtsinjuries and legal responsibilities, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwiseany type whatsoever, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected unforeseen, unanticipated, unsuspected or unsuspectedlatent, which that are based upon, relate to or arise out of any matters of any kind (collectively, “Claims”), that Employee may possess arising from any omissions, acts or facts that have occurred up until and including the Executive, individually or as a member Effective Date of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (this Agreement including, without limitation: (a) any and all claims relating to or arising from Employee’s employment relationship with the Company and the termination of that relationship, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim employment agreements and the termination of those employment agreements; and (b) any and all claims under the law of any jurisdiction including, but not limited to, wrongful discharge of employment, retaliation, constructive discharge from employment, termination in violation of public policy, discrimination, harassment, breach of contract (both express and implied), breach of a covenant of good faith and fair dealing (both express and implied), whistleblowing claims, promissory estoppel, negligent or intentional infliction of emotional distress, negligent or intentional misrepresentation, negligent or intentional interference with contract or prospective economic advantage, fraud, breach of fiduciary duty, breach of the duty of loyalty, unfair business practices, defamation, libel, slander, negligence, personal injury, assault, battery, invasion of privacy, false imprisonment, and conversion; and (c) any and all claims for violation of any federal, state or municipal statute, laws, or ordinances, including, but not limited to, Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, the Civil Rights Act of 19881991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended the Worker Adjustment and Retraining Notification Act, the Older Workers Benefit Protection Act, the Family and Medical Leave Act, the California Family Rights Act, the California Fair Employment and Housing Act, and the California Labor Code, Section 1981 of the Civil Rights Act of 1866, the Equal Pay Act of 1963, the Consolidated Omnibus Budget Reconciliation Act of 1985 (“ERISA”COBRA), Employee Order 11141, the Age Discrimination in Employment Employee Retirement Income Security Act (“ADEA”)of 1974, the California Civil Code, the California Business & Professions Code, the Code of Federal Regulations, the California Code of Regulations, and any similar applicable California Industrial Welfare Commission Order; and (d) any and all claims for violation of the federal, or analogous any state, constitution; and (e) any and all claims arising out of any other laws and regulations relating to compensation, wages and hours of work, leaves, employment or employment discrimination, harassment or retaliation; and (f) any claim for any loss, cost, damage, or expense arising out of any dispute over the non-withholding or other tax treatment of any of the proceeds received by Employee as a result of this Agreement; and (g) any claim as to any equity interest in the Company or its subsidiaries, or any option or right with respect thereto; and (h) any claim for profit participation, bonus payments, commissions, or other variable compensation; and (i) any claim relating to late payment of any amount due; and (j) any and all claims for attorneys’ fees and costs. The 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 incurred under this Agreement. This release is not intended to operate as, nor shall be construed as, a release or waiver of any rights and/or claims that cannot be released or waived as a matter of law. This release does not prohibit Employee from filing a charge with the Equal Employment Opportunity Commission (the “EEOC”) or equivalent state statuteagency in Employee’s state or participating in an EEOC or state agency investigation. Employee agrees to waive his right to monetary or other recovery should any claim be pursued with the EEOC, excepting only:state agency, or any other federal, state or local administrative agency on Employee’s behalf arising out of or related to Employee’s employment with and/or separation from the Company.

Release of Claims. In consideration Consistent with Section 1 of the Transition and Retirement Agreement dated September 15, 2020 (the “Termination Agreement”) by and between me, Xxxxx Xxxxxxxx, and OneSpaWorld Holdings Limited (the “Company”), and in consideration for and as a condition of my receipt of certain severance payments and benefits pursuant to be made the Termination Agreement, I, for myself, my attorneys, issue, heirs, representatives, agents, executors, administrators, successors, and assigns, do hereby unconditionally, fully and forever release and discharge the Company, its affiliated companies, parents, subsidiaries, divisions, successors and assigns, and their respective current or former members, managers, directors, officers, partners, agents, employees, attorneys, equity holders, and administrators, successors and assigns (together with the Company, the “Released Parties”), from any and all lawsuits, complaints, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, claims, demands, costs, losses, debts, expenses (including attorneys’ fees and costs actually incurred and entitlements of any nature whatsoever, in law or in equity, whether known, unknown, or unforeseen, which I have or may have against any of the Released Parties, including, but not limited to, any claims arising out of or in connection with: (1) my employment with the Company; (2) my separation from employment with the Company; any claims for unpaid wages, back pay, bonuses, incentive pay, vacation pay, legal fees, severance or other compensation; (3) any claims arising under any contracts, express or implied, including, but not limited to, the Employment Agreementand Severance Agreement dated November 1, dated as of April 26, 2016 2018 by and between me and the Company (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive any other agreement between me and the Company, a “Party” and/or any covenant of good faith and collectivelyfair dealing, express or implied; (4) any event, transaction, or matter occurring or existing on or before the “Parties”date of my execution or re-execution, as applicable, of this Release of Claims; and (5) and any legally waivable federal, state, local, or other governmental common law, statute, regulation, or ordinance, as provided in Section 2 below. I agree not to file or otherwise institute any claim, demand or lawsuit seeking damages or other relief and not to otherwise assert any claims or demands that are partieslawfully released herein, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined except in the Employment Agreement), event that the Company breaches this Release of Claims or where I challenge the validity of this Release of Claims under the Older Workers Benefit Protection Act. I further hereby irrevocably and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from unconditionally waive any and all rights to recover any relief or damages concerning the lawsuits, claims, demands, or actions that are lawfully released herein. I represent and warrant that, to the fullest extent permissible by law, I have not previously filed, caused to be filed or joined in any such lawsuits, claims, demands, or actions against any of the Released Parties with respect to the matters described above, and that I will indemnify and hold them harmless from all liabilities, claims, demands, costs, expenses and/or attorneys’ fees incurred by them as a result of any such lawsuits, claims, demands, or actions. In the event such claims, complaints, actions, causes of actionor charges do exist, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in then to the fullest extent permitted by law, equity I agree to withdraw and dismiss them with prejudice. I also agree, to the fullest extent permitted by law, not to participate, cooperate or assist in any manner, whether as a witness, expert, consultant or otherwise, whether accruedin any lawsuit, absolutecomplaint, contingent, unliquidated charge or otherwise other proceeding involving any of the Released Parties unless compelled by subpoena or court order. I acknowledge and whether now known or unknown, suspected or unsuspected, which agree that the Executive, individually or as a member Released Parties are intended to be third-party beneficiaries of a class, now has, owns or holds, or has at this Release of Claims and that the terms and conditions of this Release of Claims may be enforced by any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company such Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment in accordance with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:terms hereof.

Release of Claims. In consideration of the payments and benefits to be made under the Employment Agreement, dated as of April 26January 25, 2016 2013 (the “Employment Agreement”), to which Xxxxx Xxxxx Xxxx Xxxxxxx (the “Executive”) and Evoqua Water Technologies LLCGarden Ridge Corporation, a Delaware limited liability company corporation (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings Holding (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. In consideration Notwithstanding the failure of the payments and benefits any condition precedent set forth in Section 3 above to be made under the Employment Agreement, dated as of April 26, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectivelysatisfied, the “Parties”) are partiesBorrower hereby forever releases and forever discharges the Administrative Agent, the sufficiency of which the Executive acknowledgesIssuing Bank, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement)Lenders, the Company and each of its Lead Arrangers, the Syndication Agent, the Documentation Agents and their subsidiaries respective Affiliates and affiliates (the “Company Affiliated Group”)their and their Affiliates’ respective subsidiaries, their present and former parents, shareholders, partners, officers, directors, executives, shareholdersemployees, agents, attorneys, employees heirs, successors and employee benefit plans (assigns, both present and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing former (collectively, the “Company Released Parties”), of and ) from any and all claims, actions, causes of action, complaintsdefenses, chargessuits, demands, rightscontroversies, damages, debtsjudgments and demands whatsoever, sums of moneyasserted or unasserted, accountsin contract, financial obligationstort, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwiseotherwise (collectively, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, “Claims”) which the ExecutiveBorrower has or may have against any of the Released Parties by reason of any action, individually failure to act, matter or as a member of a class, now has, owns thing whatsoever arising from or holds, or has at any time heretofore had, owned or held, arising based on or facts occurring prior to the date hereof, against hereof that in any Company Released Party that arises way may arise out of, be connected to or in any other way be related to any of the Loan Documents, including but not limited to any Claim that relates to, in whole or in part, directly or indirectly, (a) the Employment Agreementmaking or administration of the Loans or Letters of Credit, the Executive’s employment with the Company (b) any such Claims based on fraud, mistake, duress, usury or any of its subsidiaries and affiliatesmisrepresentation, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive paymentsother Claim based on so-called “lender liability” theories, (iic) for breach any actions or omissions of contractany of the Administrative Agent, wrongful dischargethe Issuing Bank, impairment any Lender or any other Released Party in connection with the initiation or continuing exercise of economic any right or remedy contained in the Loan Documents or available under Applicable Law or otherwise, (d) lost profits, (e) loss of business opportunity, defamation(f) increased financing costs, intentional infliction of emotional harm (g) increased legal or other tortadministrative fees or (h) damages to business reputation. Furthermore, (iii) for any violation of applicable state the Borrower hereby covenants and local labor and employment laws (includingagrees not to bring, without limitationcommence, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federalprosecute, state maintain, or local statutecause or permit to be brought, provisioncommenced, order prosecuted or regulation, and including, without limitationmaintained, any claim under Title VII suit or action, either at law or in equity, in any court or before any other administrative or judicial authority, regarding any cause of action or other Claim the Borrower may have against any of the Civil Rights Act of 1964 (“Title VII”)Administrative Agent, the Civil Rights Act Issuing Bank, any Lender or any other Released Party arising out of, in connection with or in any way relating to any of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar Loan Documents or analogous state statute, excepting only:otherwise.

Release of Claims. In Executive, for and in consideration of the payments payment to him of the Founder’s Retirement Payment provided in Section 4.4(a)(1) of the Amended and benefits to be made under the Restated Employment Agreement, dated Agreement effective as of April 26June 7, 2016 2012 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit confirm the severance of his employment with Company and forever discharge Holdings its Affiliates (as defined in the Employment Agreement) effective on June 7, 2016 (the “Separation Date”), the Company and Executive does hereby remise, release, waive, and forever discharge Company, and its Affiliates, and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present respective current and former officers, trustees, partners, directors, executivesmanagers, shareholders, agentsemployees, attorneys, employees and employee benefit plans (and the fiduciaries thereof)other agents, and the successorsall such entities’ and individuals’ respective successors and assigns, predecessors heirs, executors, administrators and assigns of each of the foregoing representatives (collectively, hereinafter referred to collectively as the “Company Released Parties”), ) of and from any and all rights, obligations, promises, agreements, losses, controversies, claims, actions, causes of action, complaints, charges, demands, rights, damagessuits, debts, sums claims and demands, of moneyany nature whatsoever, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind in law or nature in law, equity or otherwiseequity, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected asserted or unsuspectedunasserted, which the Executive, individually or as a member of a classExecutive ever had, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, hereafter may have against any or all of the Released Parties relating to or arising out of Executive’s service as an officer, employee or manager of Company Released Party that arises out ofor any Affiliate, Executive’s employment and any other business relationships with Company or relates toany Affiliate, the Employment Agreement, the Assignment, and/or Executive’s separation from employment with the Company or any Affiliate, except for obligations of its subsidiaries the Company, including payments, due to Executive under the Employment Agreement and/or the Separation of Employment Agreement but which have not been paid or completed on the date of this Release. This Release includes, but is not limited to, any such claims arising under any federal, state or local statutes, ordinances or common law principles governing employment relations or regulating terms and affiliates, or any termination conditions of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights National Labor Relations Act of 1964 (“Title VII”)1947, the Civil Rights Acts of 1866, 1871, 1964, and 1991, the Equal Pay Act, the Age Discrimination in Employment Act of 19881967, the Rehabilitation Act of 1973, the Bankruptcy Code, the Fair Labor Standards Credit Reporting Act, the Americans with Disabilities Act (“ADA”)Worker Adjustment and Retraining Notification Act, the Employee Retirement Income Security Act of 19741974 (except as to vested benefits, as amended (“ERISA”which are expressly exempted from this release), the Age Discrimination in Employment Americans with Disabilities Act (“ADEA”)of 1990, the Family and Medical Leave Act of 1993, the Health Insurance Portability and Accountability Act of 1996, the Xxxxxxxx-Xxxxx Act of 2002, the Pennsylvania Human Relations Act, the Pennsylvania Wage Payment and Collection Law, the Philadelphia Fair Practices Ordinance, and any similar other employee-protective law of any jurisdiction that may apply to the employment relationship between Executive and the Company, each as they may have been amended, as well as any claim for wrongful discharge, breach of contract or analogous state statuteimplied contact, excepting only:breach of covenant of good faith and fair dealing, intentional or negligent infliction of emotional distress, negligence, misrepresentation, fraud, detrimental reliance, promissory estoppel, defamation, invasion of privacy, breach of laws governing safety in the workplace, loss of consortium, or tortious interference with business relations.

Release of Claims. In consideration Each of the payments Pharmion and benefits to be made under the Employment Agreement, dated as of April 26, 2016 Pharmacia (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Companyeach, a “License Party” and collectively, the “Parties”) are partiesdoes for itself and its Affiliates, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executorssuccessors, administrators and assigns, does and personal representatives hereby releaseRELEASE, remiseACQUIT AND FOREVER DISCHARGE the other License Party and such other License Party’s Affiliates, acquit and forever discharge Holdings (as defined in the Employment Agreement)predecessors, the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)successors, their present and former officersheirs, directors, executives, shareholdersassigns, agents, attorneysservants, employees employees, officers and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”)directors, of and from any and all claims, actions, actions or causes of action, complaints, charges, demands, rightsdamages (both actual and punitive), damagescosts, debts, sums of money, accounts, financial obligations, suitsjudgments, expenses, liabilities, attorneys’ fees and liabilities of whatever kind legal costs, injunctive or nature in law, equity or otherwisedeclaratory relief, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected whether in law or unsuspectedin equity, which the Executivewhether in tort or contract, individually of any kind or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employmentcharacter, including without limitation claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) to recover damages for breach of contract, wrongful dischargenegligence, impairment fraud, unfair trade practices, or any cause of economic opportunityaction whatsoever, defamationwhich they now have, intentional infliction or might otherwise have, against the persons or entities released herein, arising from any known or unknown act or omission undertaken prior to the Termination Date in connection with the License Agreement, relating to any claim that was brought or could have been brought by any License Party arising from the License Agreement as of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitationthe Termination Date, all laws concerning unlawful to the end that all claims or matters that are, or might be, in controversy between Pharmion and unfair labor Pharmacia and employment practices) those persons and (iv) for employment discrimination under any applicable federalentities released herein arising from the License Agreement are forever put at rest, state or local statuteit being Pharmion’s and Pharmacia’s clear intention to forever discharge and release all their past, provision, order or regulationpresent, and including, without limitation, any claim under Title VII future claims against those persons and entities herein released for all consequences resulting or potentially to result from all events existing as of the Civil Rights Act Termination Date arising from the License Agreement; provided, however, that no obligation of 1964 (“Title VII”)any Party created by this Agreement, including obligations arising under Section 2.2, nor any obligation under the Civil Rights Act Surviving Sections, is released or affected in any way by the terms of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:this release.

Release of Claims. In consideration of A. Following the payments Effective Date and benefits to be made under provided that Disney has paid the Employment Agreementfull Settlement Amount, dated Xxxxxx, Xxxxx-Ward, Xxxxxxxx, Xx xxxx, Xxxxxxxx, Xxxxxxx, and all Class Members who have not timely requested exclusion from the Settlement, as of April 26well as their respective spouses, 2016 (the “Employment Agreement”)heirs, to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirsassigns, executors, administrators and assignsadministrators, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof)successors, and the successors, predecessors and assigns of each of the foregoing agents (collectively, the “Company Released Releasing Parties”), shall be deemed to release, resolve, relinquish, and discharge each and all of the Released Parties from each of the Released Claims (as defined below). For purposes of this paragraph, “Released Parties” means Buena Vista Catalogue Co., d/b/a Disney Movie Club, and from any of its past, present, and future parents, subsidiaries, affiliated companies, and corporations, and any of its past, present, and future officers, directors, managers, employees, general partners, limited partners, principals, insurers, reinsurers, shareholders, attorneys, advisors, representatives, or assigns. For purposes of this paragraph, “Released Claims” means any and all claims, actions, causes of action, complaintssuits, chargesobligations, debts, demands, rightsagreements, promises, liabilities, damages, debtslosses, sums of moneycontroversies, accountscosts, financial obligations, suits, expenses, expenses and attorneys’ fees and liabilities of whatever kind or any nature in whatsoever, whether based on any law (including federal law, equity state law, common law, contract, rule, or otherwiseregulation) or equity, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which asserted or unasserted, foreseen or unforeseen, actual or contingent, liquidated or unliquidated, punitive or compensatory, monetary or non- monetary, that have been pled in the Executive, individually or as a member of a class, now has, owns or holdsAction, or has at any time heretofore hadthat could have been pled in the action, owned that arise out of or held, arising on or prior relate to the date hereofcauses of action, against any Company Released Party that arises out ofallegations, practices, or relates toconduct at issue in the in the Complaint, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliatesFirst Amended Complaint, or any termination Second Amended Complaint. Each of such employmentthe Released Parties shall be third-party beneficiaries to this Agreement and entitled to enforce its terms. B. For the purpose of implementing a full and complete release and discharge between the named plaintiffs and Defendant, including claims (i) for severance or vacation benefitsXxxxxx, unpaid wagesXxxxx-Ward, salary or incentive paymentsXxxxxxxx, (ii) for breach of contractXx xxxx, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulationXxxxxxxx, and includingXxxxxxx expressly acknowledge that their respective releases provided in this Agreement are intended to include in their effect, without limitation, any claim and all claims, complaints, charges, or suits, including those claims, complaints, charges, or suits which they do not know or suspect to exist in their favor at the time of execution hereof, which if known or suspected, could materially affect their decision to execute this Agreement. This Agreement contemplates the extinguishment of any such claims, complaints, charges, or suits and therefore all rights under Title VII any law of any state or territory of the United States or other jurisdiction, or principle of common law. It is further understood and agreed that this release by Xxxxxx, Xxxxx-Ward, Xxxxxxxx, Xx xxxx, Xxxxxxxx, and Xxxxxxx is entered into with the provisions of California Civil Rights Act Code section 1542 (or any analogue of 1964 (“Title VII”)or counterpart to section 1542 under any state or federal law) specifically in mind, the Civil Rights Act provisions of 1988which section are hereby expressly waived. This section reads as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. By executing this Agreement, Xxxxxx, Xxxxx-Ward, Xxxxxxxx, Xx xxxx, Xxxxxxxx, and Xxxxxxx acknowledge that they have been specifically advised by their counsel of the Fair Labor Standards Act, consequences of the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974above waiver, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:well as with respect to this Agreement generally.

Release of Claims. In consideration of the payments and benefits to be made under the Amended and Restated Employment Agreement, dated as of April 26November 25, 2016 2019 (the “Employment Agreement”), to which Xxxxx Xxxxx Xxxxxxxx X. Xxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”), their present and former officers, directors, executives, shareholders, agents, attorneys, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing (collectively, the “Company Released Parties”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind or nature in law, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out of, or relates to, the Employment Agreement, the Executive’s employment with the Company or any of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEA”), and any similar or analogous state statute, excepting only:

Release of Claims. In consideration As used in this Release of the payments and benefits to be made under the Employment Agreement, dated as of April 26, 2016 Claims (the this “Employment AgreementRelease”), the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, proceedings, obligations, debts, accounts, attorneys’ fees, judgments, losses, and liabilities, of whatsoever kind or nature, in law, in equity, or otherwise. Capitalized terms used but not defined in this Release will have the meanings given to which Xxxxx Xxxxx them in the employment agreement dated May 5, 2022, between Vistra Corp., Vistra Corporate Services Company (the “Executive”) and Evoqua Water Technologies LLCtogether, a Delaware limited liability company (the “Company”) and Xxxxxxxxx Xxxxxx Xxxxx (each my “Agreement”). For and in consideration of the Executive severance payments and the Companybenefits, a “Party” and collectivelyother good and valuable consideration, the “Parties”) are partiesI, the sufficiency for and on behalf of which the Executive acknowledgesmyself and my executors, the Executive, with the intention of binding himself and his heirs, executorsadministrators, administrators representatives, and assigns, does hereby release, remise, acquit agree to release and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its direct and indirect parent and subsidiary entities, and all of their subsidiaries respective predecessors, successors, and affiliates (the “Company Affiliated Group”)past, their present current, and former officersfuture parent entities, affiliates, subsidiary entities, investors, directors, executivesshareholders, shareholdersmembers, officers, general or limited partners, employees, attorneys, agents, attorneysand representatives, employees and the employee benefit plans (and in which I am or have been a participant by virtue of my employment with or service to the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing Company (collectively, the “Company Released PartiesReleasees”), of and from any and all claims, actions, causes of action, complaints, charges, demands, rights, damages, debts, sums of money, accounts, financial obligations, suits, expenses, attorneys’ fees and liabilities of whatever kind claims that I have or nature in law, equity may have had against the Company Releasees based on any events or otherwise, whether accrued, absolute, contingent, unliquidated circumstances arising or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holds, or has at any time heretofore had, owned or held, arising occurring on or prior to the date hereof, against any Company Released Party that arises hereof and arising directly or indirectly out of, or relates relating to, the Employment Agreement, the Executive’s or in any other way involving in any manner whatsoever my employment with by or service to the Company or the termination thereof, including without limitation any of its subsidiaries and affiliatesall claims arising under federal, state, or any termination of such local laws relating to employment, including without limitation claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment breach of economic opportunityexpress or implied contract, fraud, misrepresentation, defamation, intentional infliction of emotional harm distress, whistleblowing, or other liability in tort, (iii) and claims of any kind that may be brought in any court or administrative agency, and any related claims for any violation of applicable state attorneys’ fees and local labor and employment laws (costs, including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim claims under Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended, 42 U.S.C. Section 2000, et seq.; the Americans with Disabilities Act, as amended, 42 U.S.C. § 12101 et seq.; the Rehabilitation Act of 1973, as amended, 29 U.S.C. § 701 et seq.; the Civil Rights Act of 19881866, and the Civil Rights Act of 1991; 42 U.S.C. Section 1981, et seq.; the Age Discrimination in Employment Act, as amended, 29 U.S.C. Section 621, et seq. (the “ADEA”); the Equal Pay Act, as amended, 29 U.S.C. Section 206(d); regulations of the Office of Federal Contract Compliance, 41 C.F.R. Section 60, et seq.; the Family and Medical Leave Act, as amended, 29 U.S.C. § 2601 et seq.; the Fair Labor Standards ActAct of 1938, the Americans with Disabilities Act (“ADA”)as amended, 29 U.S.C. § 201 et seq.; the Employee Retirement Income Security Act of 1974Act, as amended amended, 29 U.S.C. § 1001 et seq.; and any similar state or local law. I agree further that this Release may be pleaded as a full defense to any action, suit, arbitration, or other proceeding covered by the terms hereof that is or may be initiated, prosecuted, or maintained by me or my descendants, dependents, heirs, executors, administrators, or assigns. By signing this Release, I acknowledge that I intend to waive and release all rights known or unknown that I may have against the Company Releasees under these and any other laws. I acknowledge and agree that as of the date I execute this Release, I have no knowledge of any facts or circumstances that give rise or could give rise to any claims under any of the laws listed in the preceding paragraph and that I have not filed any claim against any of the Releasees before any local, state, federal, or foreign agency, court, arbitrator, mediator, arbitration or mediation panel, or other body, but excluding claims, reports, disclosures, or complaints brought to any government agencies, (each individually a “Proceeding”). I acknowledge that I will not initiate or cause to be initiated on my behalf any Proceeding and will not participate in any Proceeding, in each case, except as required by law or to the extent such Proceeding relates to a claim not waived hereunder. Further, I understand that, by executing this Release, I will be limiting the availability of certain remedies that I may have against the Company and limiting also my ability to pursue certain claims against the Company Releasees, provided, however, that I understand this Agreement does not limit my right to receive an award for information provided to any governmental agencies that I may be entitled to recover pursuant to whistleblower laws, rules or regulations, including but not limited to Securities and Exchange Commission (“ERISASEC”) Rule 21F-17. For the avoidance of doubt, I understand that I am not required to disclose any claims, reports, disclosures, or complaints to government agencies (such as the SEC) to the Company. By executing this Release, I specifically release all claims relating to my employment and its termination under ADEA, a federal statute that, among other things, prohibits discrimination on the basis of age in employment and employee benefit plans. Notwithstanding the generality of the foregoing, I do not release (i) claims to receive my severance payments and benefits in accordance with the terms of the Agreement, (ii) claims with respect to benefits to which I am entitled under the employee benefit and compensation plans of the Company and its affiliates, including any rights to equity, (iii) claims to indemnification, or (iv) claims that cannot be waived by law. Further, nothing in this Release shall prevent me from (i) initiating or causing to be initiated on my behalf any claim against the Company before any local, state, or federal agency, court, or other body challenging the validity of the waiver of my claims under the ADEA (but no other portion of such waiver); (ii) initiating or participating in an investigation or proceeding conducted by the EEOC; or (iii) reporting possible violations of federal, states, or local law or regulation to any governmental agency (including but not limited to the Department of Justice and the SEC), or making other disclosures to, communicating directly with, responding to an inquiry from, or providing testimony before such governmental agency, regarding possible violations of federal, state, or local law or regulation, without prior notice to the Age Discrimination Company. I acknowledge that I have been given at least [21]/[45]1 days in Employment Act which to consider this Release. I acknowledge further that the Company has advised me to consult with an attorney of my choice before signing this Release, and I have had sufficient time to consider the terms of this Release. I represent and acknowledge that if I execute this Release before [21]/[45] days have elapsed, I do so knowingly, voluntarily, and upon the advice and with the approval of my legal counsel (“ADEA”if any), and that I voluntarily waive any similar remaining consideration period. I understand that after executing this Release, I have the right to revoke it within seven days after its execution. I understand that this Release will not become effective and enforceable unless the seven-day revocation period passes and I do not revoke the Release in writing. I understand that this Release may not be revoked after the seven (7)-day revocation period has passed. I understand also that any revocation of this Release must be made in writing and delivered to the Company at its principal place of business within the seven (7)-day period. This Release will become effective, irrevocable, and binding on the eighth day after its execution, so long as I have not timely revoked it as set forth above. I understand and acknowledge that I will not be entitled to the severance payments and benefits unless this Release is effective on or analogous state statute, excepting only:before the date that is sixty (60) days following the date of my termination of employment.

Release of Claims. In consideration (a) Executive, for Executive, Executive’s spouse, and each of the payments Executive’s heirs, beneficiaries, representatives, agents, successors, and benefits to be made under the Employment Agreementassigns (collectively, dated as of April 26, 2016 (the “Employment AgreementExecutive Releasors”), to which Xxxxx Xxxxx (the “Executive”) irrevocably and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive unconditionally releases and forever discharges the Company, a “Party” each and collectivelyall of its predecessors, parents, Subsidiaries, Affiliates, divisions, successors, and assigns (collectively with the Company, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings (as defined in the Employment Agreement), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated GroupEntities”), their present and each and all of the Company Entities’ current and former officers, directors, executivesemployees, shareholders, agentsrepresentatives, attorneys, employees agents, and employee benefit plans assigns (and collectively, with the fiduciaries thereofCompany Entities, the “Company Releasees”), from any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings, or liabilities of any kind or character, whether known or unknown, whether accrued or contingent, that Executive has, had, or may have against them, or any of them, by reason of, arising out of, connected with, touching upon, or concerning Executive’s employment with the successorsCompany, predecessors Executive’s separation from the Company, and assigns of each Executive’s relationship with any or all of the foregoing Company Releasees, and from any and all statutory claims, regulatory claims, claims under the Employment Agreement, and any and all other claims or matters of whatever kind, nature, or description, arising from the beginning of the world up through the Effective Date (as defined below) (collectively, the “Company Released PartiesClaims”). Executive acknowledges that the Released Claims specifically include, of and from but are not limited to, any and all claimsclaims for fraud, actionsbreach of express or implied contract, causes breach of actionthe implied covenant of good faith and fair dealing, complaints, charges, demands, interference with contractual rights, damagesviolation of public policy, debtsinvasion of privacy, sums intentional or negligent infliction of moneyemotional distress, accountsintentional or negligent misrepresentation, financial obligationsdefamation, suitslibel, slander, or breach of privacy; claims for failure to pay wages, benefits, deferred compensation, commissions, bonuses, vacation pay, expenses, severance pay, attorneys’ fees and liabilities fees, or other compensation of whatever kind or nature in lawany sort; claims related to stock options, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which the Executive, individually or as a member of a class, now has, owns or holdsawards, or has at any time heretofore hadother grants, owned or held, arising on or prior to the date hereof, against any Company Released Party that arises out ofawards, or relates to, the Employment Agreement, the Executive’s employment warrants; claims related to any tangible or intangible property of Executive that remains with the Company Company; claims for retaliation, harassment or any discrimination on the basis of its subsidiaries and affiliatesrace, color, sex, sexual orientation, national origin, ancestry, religion, disability, medical condition, marital status, gender identity, gender expression, or any termination of such employment, including claims (i) for severance other characteristic or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, criteria protected by law; any claim under Title VII of the Civil Rights Act of 1964 (“Title VII”, as amended), 42 U.S.C. §§ 2000e, et seq., the Civil Rights Act of 19881991, the Civil Rights Act of 1866, the Family and Medical Leave Act (“FMLA”), 29 U.S.C. §§ 2601, et seq., the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§201, et seq., the Equal Pay Act, 29 U.S.C. §206(a) and interpretive regulations, the Americans with Disabilities Act (“ADA”). 42 U.S.C. §§ 12101, et seq., the Consolidated Omnibus Budget Reconciliation Act of 1986 (“COBRA”), the Occupational Safety and Health Act (“OSHA”) or any other health and/or safety laws, statutes, or regulations, the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), 38 U.S.C. §§ 4301-4333, the Employee Retirement Income Security Act of 1974, as amended 1974 (“ERISA”). 29 U.S.C. §§ 301, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. §§ 1101, et seq., or the Internal Revenue Code of 1986, as amended (the “Code”), the Worker Adjustment and Retraining Notification Act; all claims arising under the Xxxxxxxx-Xxxxx Act of 2002 (Public Law 107-204), including whistleblowing claims under 18 U.S.C. §§ 1513(e) and 1514A; the Nevada Wage and Hour Laws, NEV. REV. STAT. § 608.005, et seq., the Nevada Fair Employment Practices Act. NEV. REV. STAT. § 613.310 et seq., and any and all other foreign, federal, state, or local laws, common law, or case law, including but not limited to all statutes, regulations, common law, and other laws in place in Xxxxx County, Nevada. Executive understands that nothing contained in this agreement limits Executive’s ability to file a charge or complaint with the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the Occupational Safety and Health Administration, the Securities and Exchange Commission or any other federal, state or local governmental agency or commission (government agencies). Executive further understands that this Separation Agreement does not limit Executive’s ability to communicate with any government agencies or otherwise participate in any investigation or proceeding that may be conducted by any government agency, including providing documents or other information, without notice to the Company. This Separation Agreement does not limit Executive’s right to seek a judicial determination of the validity of the release of Executive’s rights under the Age Discrimination in Employment Act Act. Notwithstanding the foregoing, this release by Executive shall not include any claims with respect to (“ADEA”)i) payments or benefits due under this Separation Agreement, (ii) any rights to indemnification or coverage under D&O insurance policies, (iii) vested employee benefits, and (iv) claims which cannot be released under applicable law. (b) Executive acknowledges that there is a risk that after the execution of this Separation Agreement, Executive will incur or suffer damage, loss, or injury that is in some way caused by or connected with Executive’s employment with the Company or its Subsidiaries or Affiliates or Executive’s separation from the Company or its Subsidiaries or Affiliates, and any similar relationship with or analogous state statutemembership or investment in the Company Releasees, excepting only:but that is unknown or unanticipated at the time of execution of this Separation Agreement. Executive specifically assumes that risk and agrees that this Separation Agreement and the Released Claims apply to all unknown or unanticipated, accrued or contingent claims and all matters caused by or connected with Executive’s employment with the Company or its Subsidiaries or Affiliates and/or Executive’s separation from the Company or its Subsidiaries or Affiliates, as well as those claims currently known or anticipated. Executive acknowledges and agrees that this Separation Agreement constitutes a knowing and voluntary waiver of any and all rights and claims Executive does or may have as of the Effective Date. Executive acknowledges that Executive has waived rights or claims pursuant to this Separation Agreement in exchange for consideration, the value of which exceeds payment or remuneration to which Executive otherwise would be entitled. (c) To the extent permitted by law, Executive agrees never to file a lawsuit or other adversarial proceeding with any court or arbitrator against the Company or any other Company Releasee asserting any Released Claims. Executive represents and agrees that, prior to signing this Separation Agreement, Executive has not filed or pursued any complaints, charges, or lawsuits of any kind with any court, governmental or administrative agency, arbitrator, or other forum against the Company or any of the other Company Releasees, asserting any claims whatsoever. Executive understands and acknowledges that, in the event Executive files an administrative charge or commences any proceeding with respect to any Released Claim, or in the event another person or entity does so in whole or in part on Executive’s behalf, Executive waives and is estopped from receiving any monetary award or other legal or equitable relief in connection with any such proceeding. (d) Executive represents and warrants that Executive has not assigned, transferred, or permitted the subrogation of any of Executive’s rights, claims, and/or causes of action, including any claims referenced in this Separation Agreement, or authorized any other person or entity to assert any such claim or claims on Executive’s behalf, and Executive agrees to indemnify and hold harmless the Company against any assignment, transfer, or subrogation of said rights, claims, and/or causes of action. (e) The Company hereby acknowledges that it is not aware of any claims or causes of action that it may have against Executive as of the execution of this Separation Agreement.

Release of Claims. In consideration 5. Subject expressly to the occurrence of the payments and benefits Dismissal Effective Date pursuant to be made under the Employment AgreementParagraph 4 above, dated as of April 26Defendants, 2016 (the “Employment Agreement”), to which Xxxxx Xxxxx (the “Executive”) and Evoqua Water Technologies LLC, a Delaware limited liability company (the “Company”) (each of the Executive and the Company, a “Party” and collectively, the “Parties”) are parties, the sufficiency of which the Executive acknowledges, the Executive, with the intention of binding himself and his heirs, executors, administrators and assigns, does hereby release, remise, acquit and forever discharge Holdings their Affiliates (as defined in the Employment Agreementbelow), the Company and each of its and their subsidiaries and affiliates (the “Company Affiliated Group”)respective predecessors, their present and former successors, assigns, officers, directors, executives, shareholders, agents, attorneysmanagers, employees and employee benefit plans (and the fiduciaries thereof), and the successors, predecessors and assigns of each of the foregoing trustees (collectively, the “Company Released PartiesDefendants’ Releasees”), fully, finally and forever release, relinquish, acquit and discharge Plaintiffs, their Affiliates, and each of their respective predecessors, successors, assigns, officers, directors, managers, employees, and trustees (collectively, the “Plaintiffs’ Releasees”), of and from from, and covenants not to xxx, not to assign to any other entity a right to xxx and not to authorize any other entity to xxx any Plaintiffs’ Releasee for, any and all claims, counterclaims, actions, causes of action, complaintssuits, chargesdefenses, demandsjudgments, rightsdebts, offsets, accounts, torts, damages, debtsdemands and liabilities whatsoever, sums of money, accounts, financial obligations, suitsincluding costs, expenses, and attorneys’ fees (collectively, “Losses”) of every name and liabilities of whatever kind or nature nature, both at law and in lawequity, equity or otherwise, whether accrued, absolute, contingent, unliquidated or otherwise and whether now known or unknown, suspected or unsuspected, which accrued or unaccrued, that could have been, are or were asserted in the ExecutiveU.S. District Court Case, individually and that arise out of the specific patent issues that were the subject matter of the U.S. District Court Case, including any challenge to the infringement, validity or enforceability of the Asserted Patents and the ’451 Patent. Notwithstanding this release, nothing herein shall preclude Defendants’ Releasees from asserting the invalidity, unenforceability and/or the non-infringement of the Asserted Patents and the ’451 Patent in any future litigation concerning any product that is not the subject of the U.S. District Court Case and is not licensed under the License Agreement, and such defenses and/or counterclaims are reserved. Defendants’ Releasees acknowledge that the Asserted Patents are valid and enforceable solely with respect to Par’s Generic Tablets and solely for purposes of enforcement of the Settlement Documents. 6. Subject expressly to the occurrence of the Dismissal Effective Date pursuant to Paragraph 4 above, Plaintiffs and each of the other Plaintiffs’ Releasees, as defined above, fully, finally and forever release, relinquish, acquit and discharge Defendants and each of the other Defendants’ Releasees of and from, and covenants not to xxx, not to assign to any other entity a member right to xxx and not to authorize any other entity to xxx any Defendants’ Releasee for, any and all Losses of a classevery name and nature, now hasboth at law and in equity, owns known or holdsunknown, suspected or unsuspected, accrued or unaccrued, that could have been, are or were asserted in the U.S. District Court Case and that arise out of the specific patent issues that were the subject matter of the U.S. District Court Case based upon activities of any of the Defendants’ Releasees before the Execution Date. Notwithstanding this release, nothing herein shall preclude Plaintiffs’ Releasees from asserting the validity, enforceability, and/or infringement of the Asserted Patents and the ’451 Patent in any future litigation concerning any product that was not the subject of the U.S. District Court Case or any activities after the Execution Date, and all such claims are reserved. 7. For the purposes of this Agreement, “Affiliate” shall mean with respect to Plaintiffs, any person or entity that directly or indirectly controls, is controlled by, or has at is under common control with any time heretofore hadof Plaintiffs; and with respect to Par, owned (a) for so long as Par is controlled directly or heldindirectly by investment funds affiliated with TPG Capital, arising on or prior L.P., Sky Growth Holdings Corporation, a Delaware corporation, to the date hereof, against extent it remains an indirect parent company of Par and including any Company Released Party that arises out of, or relates to, successor entity to Sky Growth Holdings Corporation to the Employment Agreement, the Executive’s employment with the Company or any extent such successor is an indirect parent company of its subsidiaries and affiliates, or any termination of such employment, including claims (i) for severance or vacation benefits, unpaid wages, salary or incentive payments, (ii) for breach of contract, wrongful discharge, impairment of economic opportunity, defamation, intentional infliction of emotional harm or other tort, (iii) for any violation of applicable state and local labor and employment laws (including, without limitation, all laws concerning unlawful and unfair labor and employment practices) and (iv) for employment discrimination under any applicable federal, state or local statute, provision, order or regulation, and including, without limitation, any claim under Title VII of the Civil Rights Act of 1964 Par (“Title VII”), the Civil Rights Act of 1988, the Fair Labor Standards Act, the Americans with Disabilities Act (“ADA”), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the Age Discrimination in Employment Act (“ADEASGHC”), and any similar person or analogous state statuteentity directly or indirectly controlled by SGHC or Par and (b) at any time that Par is not directly or indirectly controlled by investment funds affiliated with TPG Capital, excepting only:L.P., any person or entity that directly or indirectly controls, is controlled by, or is under common control with Par. For purposes of this definition, “control” (including, with correlative meaning, the terms “controlled by”, and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person or entity, whether through ownership of interests representing equity securities, or partnership interests or by contract, or otherwise, and ownership of more than fifty percent (50%) of such equity securities or partnership interests in a person or entity shall, without limitation, be deemed to be control for purposes of this definition.