Common use of Release of Company Clause in Contracts

Release of Company. In consideration of the promises and payments set forth in this Agreement, Executive hereby releases and forever discharges Company and/or any of its “Affiliates” from any and all claims, complaints, causes of action, and demands of any kind, whether known or unknown, which Executive has, ever has had, or may have arising out of or related to Executive’s employment or resignation from employment with Company, or otherwise, excepting those arising out of this Agreement, the Indemnification Agreement between Company and Executive dated August 1, 2006, Executive’s rights under all insurance policies providing benefits to Executive, including, but not limited to, the Directors and Officers and Errors and Omissions policies, and Executive’s rights under any option or restricted stock agreement entered into between Company and Executive pursuant to the Hypercom Corporation Long-Term Incentive Plan, the 2000 Broad-Based Stock Incentive Plan, or any other plan or program pursuant to which Executive may have been granted options or restricted shares in the past. This Release is a FULL WAIVER AND RELEASE and includes, without limitation, any right, claim, demand or cause of action arising under Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Family and Medical Leave Act; the Employee Retirement Income Security Act of 1974 (“ERISA”); the Older Workers Benefit Protection Act; the Fair Labor Standards Act; the Age Discrimination in Employment Act; the Rehabilitation Act of 1973; the Workers Adjustment & Retraining Notification Act (“WARN”); the Consolidated Omnibus Budget Reconciliation Act; the Fair Labor Standards Act; and any applicable state civil rights act and/or any other federal, state, or local law or regulation. This Release also includes any contract or tort causes of action arising from or in any way related to Executive’s employment relationship with Company and/or any Affiliates. This Release specifically includes any claims arising under Executive’s Employment Agreement (other than for payment of Executive’s base salary and benefits through the Resignation Date, Executive’s bonus for the Company’s 2007 fiscal year, and the payments and benefits provided him by the terms and provisions of Section 10) as well as any written or oral amendments or supplements thereto. Executive acknowledges that he is not entitled to receive any bonus compensation for Company’s 2008 fiscal year. Notwithstanding any provision herein to the contrary, Executive does not release any claims or rights Executive may have under any “employee benefit plan” (as that term is defined in regulations issued pursuant to ERISA) sponsored by Company or any Affiliate. For purposes of this Agreement, the term “Affiliate” means and includes: (a) any subsidiary, brother-sister or other organization that is treated as a single employer with Company pursuant to Sections 414(b), (c), (m) or (o) of the Internal Revenue Code of 1986; and (b) any officer, owner, director, employee, representative, or insurer of Company or any organization referred to in clause (a); and (c) the successors and assigns of any organization or individual described in clauses (a) or (b).

Release of Company. In consideration of the promises and payments set forth in this Agreement, Executive Employee hereby releases and forever discharges Company and/or any of its “Affiliates” from any and all claims, complaints, causes of action, and demands of any kind, whether known or unknown, which Executive Employee has, ever has had, or may have arising out of or related to ExecutiveEmployee’s employment or resignation from employment with Company, or otherwise, excepting those arising out of this Agreement, the Indemnification Agreement between Company and Executive dated August 1, 2006, ExecutiveEmployee’s rights under all insurance policies providing benefits to ExecutiveEmployee, includingand, but not limited toexcept as modified by this Agreement, the Directors and Officers and Errors and Omissions policies, and ExecutiveEmployee’s rights under any option or restricted stock agreement entered into between Company and Executive Employee pursuant to the Hypercom Corporation Long-Term Incentive Plan, the 2000 Broad-Based Stock Incentive Plan, or any other plan or program pursuant to which Executive Employee may have been granted options or restricted shares in the past. This Release is a FULL WAIVER AND RELEASE and includes, without limitation, any right, claim, demand or cause of action arising under Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Family and Medical Leave Act; the Employee Retirement Income Security Act of 1974 (“ERISA”); the Older Workers Benefit Protection Act; the Fair Labor Standards Act; the Age Discrimination in Employment Act; the Rehabilitation Act of 1973; the Workers Adjustment & Retraining Notification Act (“WARN”); the Consolidated Omnibus Budget Reconciliation Act; the Fair Labor Standards Act; and any applicable state civil rights act and/or any other federal, state, or local law or regulation. This Release also includes any contract or tort causes of action arising from or in any way related to ExecutiveEmployee’s employment relationship with Company and/or any Affiliates. This Release specifically includes excludes any claims arising under Executive’s Employment Agreement (other than by Employee for payment of ExecutiveEmployee’s base salary and benefits through the Resignation Date, Executive’s bonus for the Company’s 2007 fiscal year, and the payments and benefits provided him by the terms and provisions of Section 10) as well as any written or oral amendments or supplements thereto. Executive Employee acknowledges that he is not entitled to receive any bonus compensation for all or any portion of the Company’s 2008 fiscal yearyear ending December 31, 2009. Notwithstanding any provision herein to the contrary, Executive Employee does not release any claims or rights Executive Employee may have under any “employee benefit plan” (as that term is defined in regulations issued pursuant to ERISA) sponsored by Company or any Affiliate. For purposes of this Agreement, the term “Affiliate” means and includes: (a) any subsidiary, brother-sister or other organization that is treated as a single employer with Company pursuant to Sections 414(b), (c), (m) or (o) of the Internal Revenue Code of 1986; and (b) any officer, owner, director, employee, representative, or insurer of Company or any organization referred to in clause (a); and (c) the successors and assigns of any organization or individual described in clauses (a) or (b).

Release of Company. In consideration of the promises and payments set forth covenants made in this Agreement, Executive Former Employee, for himself, his heirs, executors, administrators and assigns, does hereby releases RELEASE, ACQUIT AND FOREVER DISCHARGE Company and forever discharges Company and/or any each of its present and former officers, directors, shareholders, employees, affiliates, agents, representatives, successors and assigns (all of whom are hereinafter collectively referred to as “Affiliates” Company Releasees”) from any and all claims, complaintsdemands, causes of action and liabilities of any kind or character, which Former Employee ever had, now has or may hereafter have against any of Company Releasees, arising out of any act, omission, transaction or event occurring prior to or as of the Effective Date, including, without limitation, those related to Former Employee’s employment by Company, and his separation from employment, including any rights or benefits thereunder; provided, however, that Former Employee shall be entitled to enforce Former Employee’s rights to the Separation Fee in Section 2.A hereof. Without limiting the generality of the foregoing, it is understood and agreed that this release constitutes and includes a release by Former Employee of Company Releasees from any and all claims, grievances, demands, charges, liabilities, obligations, actions, causes of action, damages, costs, losses of services, expenses, and demands compensation of any kindnature whatsoever, whether known based on tort, contract or unknownother theory of recovery, which Executive has, ever has hadon account of, or may have arising in any way growing out of or related to ExecutiveFormer Employee’s employment with or resignation separation from employment with Company, or otherwise, excepting those arising out of this Agreement, the Indemnification Agreement between Company and Executive dated August 1, 2006, Executive’s rights under all insurance policies providing benefits to Executive, including, but not limited to, the Directors and Officers and Errors and Omissions policies, and Executive’s rights any claims arising under any option or restricted stock agreement entered into between Company and Executive pursuant to of the Hypercom Corporation Long-Term Incentive Plan, the 2000 Broad-Based Stock Incentive Plan, or any other plan or program pursuant to which Executive may have been granted options or restricted shares in the past. This Release is a FULL WAIVER AND RELEASE and includes, without limitation, any right, claim, demand or cause of action arising under following statutes: Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act of 1990; the Age Discrimination in Employment Act; the Family and Medical Leave Act; the Employee Retirement Income Security Act of 1974 (“ERISA”); the Older Workers Workers’ Benefit Protection Act; the Fair Labor Standards Act; the Age Discrimination in Employment Act; the Rehabilitation Act of 1973; the Workers Adjustment & Retraining Notification Act (“WARN”); the Consolidated Omnibus Budget Reconciliation National Labor Relations Act; the Fair Credit Reporting Act; the Former Employee Retirement Income Security Act; the Texas Commission on Human Rights Act; the Texas Payday Law; the Texas Labor Standards Code; the Texas Workers’ Compensation Act; and any applicable other foreign, state civil rights act and/or any other federal, stateor federal statute or regulation governing the employment relationship or Former Employee’s rights, or local law or regulationCompany’s obligations, in connection with any of the foregoing. This Release release also includes constitutes a release of any claim or cause of action for the following: invasion of privacy; intentional or negligent infliction of emotional distress; wrongful termination; promissory estoppel; false imprisonment; defamation; negligent hiring, retention, and/or supervision; negligence or gross negligence; breach of express or implied contract; breach of any implied covenant; tortious interference with contract or tort causes business relations; misrepresentation; deceptive trade practices; fraud; denial of action arising from or in any way related to Executive’s employment relationship with Company and/or any Affiliates. This Release specifically includes any claims arising under Executive’s Employment Agreement benefits, including, but not limited to, health and retirement benefits (other than for payment of Executive’s base salary and benefits through the Resignation Date, Executive’s bonus for the any amounts due under Company’s 2007 fiscal yeargroup medical and dental plan for medical or dental services rendered to Former Employee or his dependents prior to the Separation Date and other than rights of Former Employee concerning Former Employee’s 401(k) account maintained under Company’s 401(k) plan) and any other employment-related claims, and or for any personal injuries, however characterized, or by virtue of any facts, acts or events occurring prior to or as of the payments and benefits provided him Effective Date of this Agreement. Notwithstanding anything to the contrary in this Agreement, this release does not constitute a release or waiver of Former Employee’s right to file a charge or participate in an investigation or proceeding conducted by the terms Equal Employment Opportunity Commission (“EEOC”) or any other governmental entity with jurisdiction to regulate employment conditions or relations; however, Former Employee does release and provisions of Section 10) as well as relinquish any written or oral amendments or supplements thereto. Executive acknowledges that he is not entitled right to receive any bonus compensation for Company’s 2008 fiscal year. Notwithstanding any provision herein to the contrarymoney, Executive does not release any claims or rights Executive may have under any “employee benefit plan” (as that term is defined in regulations issued pursuant to ERISA) sponsored by Company property, or any Affiliate. For purposes other thing of this Agreementvalue, the term “Affiliate” means and includes: (a) or any subsidiaryother financial benefit or award, brother-sister or other organization that is treated as a single employer with Company pursuant to Sections 414(b), (c), (m) result of any proceeding of any kind or (o) of character initiated by the Internal Revenue Code of 1986; and (b) any officer, owner, director, employee, representative, or insurer of Company EEOC or any organization referred other governmental entity with jurisdiction to in clause (a); and (c) the successors and assigns of any organization regulate employment conditions or individual described in clauses (a) or (b)relations.

Release of Company. In consideration of the promises and payments set forth in this Agreement, Executive hereby releases and forever discharges Company and/or any of its “Affiliates” from any and all claims, complaints, causes of action, and demands of any kind, whether known or unknown, which Executive has, ever has had, or may have arising out of or related to Executive’s employment or resignation from employment with Company, Executive’s service on Company’s Board of Directors or the termination or cessation thereof, or otherwise, excepting those arising out of this Agreement, the Consulting Agreement, the Indemnification Agreement between Company and Executive dated August 1, 2006referenced in Section 8, Executive’s rights under all insurance policies providing benefits to Executive, including, but not limited to, the Directors and Officers and Errors and Omissions policies, and Executive’s rights under any option or restricted stock agreement entered entered, or agreed to be entered, into between Company and Executive pursuant to the Hypercom Corporation Long-Term Incentive Plan, the 2000 Broad-Based Stock Incentive Plan, Plan or any other plan or program pursuant to which Executive may have been granted options or restricted shares in the past, other than the option agreement relating to the May 8, 2006 grant referred to above, which option agreement Executive has agreed to cancel pursuant to Section 5(a) and the restricted stock granted under Section 3(d) of the Employment Agreement referred to above, which Executive has agreed to forfeit pursuant to Section 5(b). This Release is a FULL WAIVER AND RELEASE and includes, without limitation, any right, claim, demand or cause of action arising under Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Family and Medical Leave Act; the Employee Retirement Income Security Act of 1974 (“ERISA”); the Older Workers Benefit Protection Act; the Fair Labor Standards Act; the Age Discrimination in Employment Act; the Rehabilitation Act of 1973; the Workers Adjustment & Retraining Notification Act (“WARN”); the Consolidated Omnibus Budget Reconciliation Act; the Fair Labor Standards Act; and any applicable state civil rights act and/or any other federal, state, or local law or regulation. This Release also includes any contract or tort causes of action arising from or in any way related to Executive’s employment relationship with Company and/or any Affiliates, including any claims relating to Company’s right to terminate Executive’s employment, including, but not limited to, any claims for wrongful discharge, retaliatory discharge, breach of contract, breach of the covenant of good faith and fair dealing and/or prima facie tort, except as arising out of this Agreement. This Release specifically includes any claims arising under Executive’s Employment Agreement (other than for payment of Executive’s base salary and benefits through the Resignation Date, Executive’s bonus for the Company’s 2007 fiscal year, and the payments and benefits provided him by the terms and provisions of Section 10) as well as any written or oral amendments or supplements thereto. Executive acknowledges that he is not entitled to receive any cash or other bonus compensation for Company’s 2008 current fiscal year. Notwithstanding any provision herein to the contrary, Executive does not release any claims or rights Executive may have under any “employee benefit plan” (as that term is defined in regulations issued pursuant to ERISA) sponsored by Company or any Affiliate. For purposes of If Executive executes this AgreementAgreement prior to his Resignation Date, on request Executive agrees to execute a separate Release Agreement on the term “Affiliate” means and includes: Resignation Date or within five (a5) any subsidiarybusiness days thereafter, brother-sister or other organization that is treated which includes a release the same as a single employer with Company pursuant to Sections 414(b), (c), (m) or (o) of the Internal Revenue Code of 1986; and (b) any officer, owner, director, employee, representative, or insurer of Company or any organization referred to release included in clause (a); and (c) the successors and assigns of any organization or individual described in clauses (a) or (b)this Section 7.

Release of Company. In consideration of the promises and payments set forth in this Agreement, Executive hereby releases and forever discharges Company and/or any of its “Affiliates” from any and all claims, complaints, causes of action, and demands of any kind, whether known or unknown, which Executive has, ever has had, or may have arising out of or related to Executive’s employment or resignation from employment with Company, Executive’s service on Company’s Board of Directors or the termination or cessation thereof, or otherwise, excepting those arising out of this Agreement, the Indemnification Agreement between Company and Executive dated August 1, 2006, Executive’s rights under all insurance policies providing benefits to Executive, including, but not limited to, the Directors any director and Officers and Errors and Omissions officer insurance policy (including indemnification policies), and Executive’s rights under any warrant, option or restricted stock agreement entered entered, or agreed to be entered, into between Company and Executive pursuant to the Hypercom Corporation Long-Term Incentive Quepasa Corporation’s 1998 Stock Option Plan, the 2000 Broad-Based 2006 Stock Incentive Plan, Plan or any other plan or program pursuant to which Executive may have been granted warrants, options or restricted shares in the past. This Release is a FULL WAIVER AND RELEASE and includes, without limitation, any right, claim, demand or cause of action arising under Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Family and Medical Leave Act; the Employee Retirement Income Security Act of 1974 (“ERISA”); the Older Workers Benefit Protection Act; the Fair Labor Standards Act; the Age Discrimination in Employment Act; the Rehabilitation Act of 1973; the Workers Adjustment & Retraining Notification Act (“WARN”); the Consolidated Omnibus Budget Reconciliation Act; the Fair Labor Standards Act; and any applicable state civil rights act and/or any other federal, state, or local law or regulation. This Release also includes any contract or tort causes of action arising from or in any way related to Executive’s employment relationship with Company and/or any Affiliates, including any claims relating to Company’s right to terminate Executive’s employment, including, but not limited to, any claims for wrongful discharge, retaliatory discharge, breach of contract, breach of the covenant of good faith and fair dealing and/or prima facie tort, except as arising out of this Agreement. This Release specifically includes any claims arising under Executive’s Employment Agreement (other than for payment of Executive’s base salary and benefits through the Resignation Date, Executive’s bonus for the Company’s 2007 fiscal year, and the payments and benefits provided him by the terms and provisions of Section 10) as well as any written or oral amendments or supplements thereto. Executive acknowledges that he is not entitled to receive any cash or other bonus compensation for Company’s 2008 current fiscal year. Notwithstanding any provision herein to the contrary, Executive does not release any claims or rights Executive may have under any “employee benefit plan” (as that term is defined in regulations issued pursuant to ERISA) sponsored by Company or any Affiliate. In addition, Executive releases any claims or rights Executive may have to indemnification pursuant to Company’s bylaws. For purposes of this Agreement, the term “Affiliate” means and includes: (a) any subsidiary, brother-sister or other organization that is treated as a single employer with Company pursuant to Sections 414(b), (c), (m) or (o) of the Internal Revenue Code of 1986; and (b) any officer, owner, director, employee, representative, or insurer of Company or any organization referred to in clause (a); and (c) the successors and assigns of any organization or individual described in clauses (a) or (b).