Common use of Release of the Company Clause in Contracts

Release of the Company. Executive, individually and on behalf of Executive’s successors, assigns, attorneys, and all those entitled to assert Executive’s rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims for employment discrimination under federal or state law; Claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims for attorney’s fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims under any other applicable federal, state or local laws or legal concepts.

Release of the Company. Executive, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Dxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Company of its obligations to Executive under the Employment Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and Executive, state or local laws any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, South Carolina law, or legal conceptsotherwise.

Release of the Company. The Executive, individually and on behalf of Executive’s for himself/herself, his/her successors, assigns, attorneys, attorneys and all those entitled to assert Executive’s his/her rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, costs or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which the Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors and the Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that the Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation paypaid time off; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Company of its obligations to the Executive under the COC Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and the Executive, state or local laws any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, New York law or legal conceptsotherwise.

Release of the Company. The Executive, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company Company, HealthPocket, Inc., a Delaware corporation (“HealthPocket”), and its their respective officers, directors, stockholders, trustees, employeesExecutives, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which the Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any or which may be traced either directly or indirectly to the employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors (including, without limitation, HealthPocket) and the Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that the Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 00000, et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 201, et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Executive Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Company of its obligations to the Executive under the Employment Agreement or Claims under any other applicable contractual obligations between the Company or its parents, subsidiaries or affiliates and the Executive or any indemnification obligations to the Executive under the Company’s constituent documents or federal, state or local laws law or legal conceptsotherwise. The Executive hereby waives the rights or benefits of Section 1542 of the California Civil Code which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Release of the Company. Executive, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (“the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, causes of action, claims or demands for any damage, loss or injury, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Dxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Executive Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims and claims under any other applicable federal, state or local laws or legal concepts; provided, however, that nothing herein shall release the Company of any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, Delaware law or otherwise.

Release of the Company. Executive, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (“the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, causes of action, claims or demands for any damage, loss or injury, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Executive Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims and claims under any other applicable federal, state or local laws or legal concepts; provided, however, that nothing herein shall release the Company of (i) obligations to Executive to make termination payments or related Gross-Up payments under§ 8 or § 10 of the Employment Agreement, (ii) any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, Delaware law or otherwise; (iii) obligations with respect to insurance coverage under any directors’ and officers’ liability insurance policies; (iv) any rights that Executive may have as a stockholder of the Company; or (iv) vested interests in any pension plan or other benefit or deferred compensation plan.

Release of the Company. The Executive, individually and on behalf of the Executive’s successors, assigns, attorneys, and all those entitled to assert the Executive’s rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive Participant ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates affiliates and the Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that the Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims for employment discrimination under federal or state law; Claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims for attorney’s fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims under any other applicable federal, state or local laws or legal concepts.

Release of the Company. Executive, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys ("the “Released Parties”"), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s 's fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § Section 2000(e), et seq. or the Americans With Xxxxxxxxxxxx XxxDisabilities Act, 00 X.X.X. § 00000 42 U.S.C. Section 12101 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § Section 201 et seq.; Claims claims for attorney’s 's fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims under any other applicable federal, state or local laws or legal concepts.U.S.

Release of the Company. The Executive, individually and on behalf of Executive’s for himself/herself, his/her successors, assigns, attorneys, attorneys and all those entitled to assert Executive’s his/her rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, costs or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which the Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors and the Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that the Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation paypaid time off; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Company of its obligations to the Executive under the Severance and CIC Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and the Executive, state or local laws any indemnification obligations to Executive under the Company’s bylaws, declaration of trust, Maryland law or legal conceptsotherwise.

Release of the Company. Executive, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys ("the “Released Parties”"), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s 's fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, causes of action, claims or demands for any damage, loss or injury, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s 's fees, expenses and costs; Claims claims for defamation; Claims claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Executive Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims and claims under any other applicable federal, state or local laws or legal concepts; provided, however, that nothing herein shall release the Company of any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, Delaware law or otherwise.

Release of the Company. Executive, individually and on behalf of Executive’s for himself, his successors, ---------------------- assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys ("the “Released Parties”"), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s 's fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § (S) 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx-- ---- Disabilities Act, 00 X.X.X. § 00000 42 U.S.C. (S) 12101 et seq.; Claims claims for statutory or common -- ---- law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § (S) 201 et seq.; Claims claims for attorney’s 's fees, expenses -- ---- and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Executive Retirement Income Security Act, 29 U.S.C. § (S) 1001, et seq.; and provided, however, that nothing -- ---- herein shall release the Company of its obligations to Executive under the Employment Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and Executive, state or local laws any indemnification obligations to Executive under the Company's bylaws, certificate of incorporation, Delaware law or legal conceptsotherwise.

Release of the Company. In exchange for the consideration provided to Executive pursuant to this Release, which Executive acknowledges is fair and sufficient consideration, Executive, individually and on behalf of Executive’s 's successors, assigns, attorneys, and all those entitled to assert Executive’s 's rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns and attorneys (the “"Released Parties”"), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, ,covenants, contracts, obligations, costs, expenses, damages, judgmentsjudgments , agreements, promises, demands, claims for attorney’s 's fees and costs, or liabilities whatsoever (collectively, “"Claims”"), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims for employment discrimination under federal or state law; Claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or ., the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; or the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims under any contracts, agreements, or understandings Executive may have with any of the Released Parties, written or oral (including under the Agreement and under the Change in Control Severance Plan); Claims for attorney’s 's fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims under any other applicable federal, state or local laws or legal concepts.. 

Release of the Company. In exchange for the consideration provided to Executive pursuant to this Release, which Executive acknowledges is fair and sufficient consideration, Executive, individually and on behalf of Executive’s successors, assigns, attorneys, and all those entitled to assert Executive’s rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims for employment discrimination under federal or state law; Claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or ., the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; or the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims under any contracts, agreements, or understandings Executive may have with any of the Released Parties, written or oral (including under the Agreement); Claims for attorney’s fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income {EMPLOY~1.1} Security Act, 29 U.S.C. § 1001, et seq.; or Claims under any other applicable federal, state or local laws or legal concepts.

Release of the Company. Executive, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys ("the “Released Parties”"), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s 's fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Dxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s 's fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein will release the Company of its obligations to Executive under the Employment Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and Executive, state or local laws any indemnification obligations to Executive under the Company's bylaws, certificate of incorporation, Delaware law or legal conceptsotherwise.

Release of the Company. ExecutiveYou understand that by agreeing to this release you are agreeing not to sue, individually and or otherwise file any claim against, the Company or any of its employees or other agents for any reason whatsoever based on anything that has occurred as of the date you sign this agreement. a) On behalf of Executive’s yourself and your heirs and assigns, you hereby release and forever discharge the "Releasees" hereunder, consisting of the Company, and each of its owners, affiliates, divisions, predecessors, successors, assigns, attorneysagents, directors, officers, partners, employees, insurers, and all those entitled to assert Executive’s rights, now and forever hereby releases and discharges employee benefit plans in which you are or have been a participant by virtue of your employment with the Company and its respective officersall persons acting by, directorsthrough, stockholdersunder or in concert with them, trusteesor any of them, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns of and attorneys (the “Released Parties”), from any and all claims, manner of action or actions, cause or causes of action, sums of money duein law or in equity, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, liability, claims, demands, claims for attorney’s fees and costsdamages, loss, cost or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknownexpense, of any nature whatsoever, including those known or unknown, fixed or contingent (hereinafter called "Claims"), which you now have or may be traced either directly or indirectly to hereafter have against the aforesaid employment relationshipReleasees, or the termination any of that relationshipthem, that Executive hasby reason of any matter, had cause, or purports to have, thing whatsoever from the beginning of time to the date hereof, including, without limiting the generality of this Releasethe foregoing, and any Claims arising out of, based upon, or relating to your hire, employment, remuneration or resignation of your employment, including but not limited to Claims for employment discrimination under federal or state law; any Claims arising under Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of as amended; the Civil Rights Equal Pay Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.as amended; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.as amended; Claims for attorney’s fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001as amended; the California Fair Employment and Housing Act, et seq.as amended; or Claims under the California Labor Code; and/or any other applicable federallocal, state or local laws or legal conceptsfederal law governing discrimination in employment and/or the payment of wages and benefits. b) YOU ACKNOWLEDGE THAT YOU ARE 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. BEING AWARE OF SAID CODE SECTION, YOU HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. c) IN ACCORDANCE WITH THE OLDER WORKERS BENEFIT PROTECTION ACT OF 1990, YOU SHOULD BE AWARE OF THE FOLLOWING: i) YOU HAVE THE RIGHT TO CONSULT WITH AN ATTORNEY BEFORE SIGNING THIS AGREEMENT; ii) YOU HAVE TWENTY-ONE (21) DAYS FROM NOVEMBER 30, 2000 TO CONSIDER THE TERMS OF THIS AGREEMENT; iii) YOU HAVE SEVEN (7) DAYS AFTER SIGNING THIS AGREEMENT TO REVOKE THIS AGREEMENT, AND THIS AGREEMENT WILL NOT BE EFFECTIVE, AND YOU WILL NOT RECEIVE ANY OF THE SEPARATION BENEFITS, UNTIL THAT REVOCATION PERIOD HAS EXPIRED.

Release of the Company. ExecutiveIn consideration of the Severance Payments, individually to which Employee understands and on behalf of Executive’s successorsagrees he would not otherwise be entitled, assignsEmployee, attorneysfor himself and as a shareholder, and all those entitled to assert Executive’s rights, now and forever hereby releases and forever discharges the Company and its predecessors, and their respective officerscurrent and former partners, directorsmembers, stockholdersshareholders, employees, trustees, employees, agents, fiduciariesrepresentatives, parent corporations, subsidiaries, Affiliates, estates, successors, assigns and attorneys clients (collectively the “Released Parties”"Releasees"), from any and all claims, actionscharges, demands, liabilities, suits, rights or causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligationsdamages, costs, expensesand expenses (including attorneys' fees) of any kind or nature, damagesfixed or contingent, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”), in at law or in equityequity or otherwise, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims for employment discrimination those based on or relating to breach of contract or public policy; wrongful, retaliatory, or constructive discharge; any tort (whether in negligence, gross negligence, recklessness, or strict liability); any claims under federal or state law; Claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights ActAct of 1964, the Civil Rights Act of 1991, 42 U.S.C. § 2000(e)Section 1981, et seq. or the Americans With Xxxxxxxxxxxx XxxDisabilities Act of 1990, 00 X.X.X. § 00000 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards ActFamily and Medical Leave Act of 1993, 29 U.S.C. § 201 et seq.; Claims for attorney’s fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income Security Act of 1974, as amended, or the Sarbanes-Oxley Act; any and all other claims for any discrimination, 29 U.S.C. § 1001xxxxxxxxxxx, et seq.personal or property injury, additional compensation, or health or fringe benefits; and any and all rights to or Claims under claims for attorneys' fees, damages (including contract, compensatory, punitive, or liquidated damages), or equitable relief, which Employee may ever have had, now have, or claim to have in the future, whether known or unknown at this time, for any acts, failures to act, events, or omissions from the beginning of time until the date Employee executes this Agreement, including without limitation on account of or arising directly or indirectly out of the Employment Agreement or Employee's relationship with the Company, the termination thereof, or any other applicable federalaspect of Employee's current or former relationship with the Company or any of the other Releasees (collectively the "Employee Released Claims"). Without limitation of the foregoing, state Employee specifically waives the benefit of any statute or local laws rule of law which, if applied to this Agreement, would otherwise exclude from its binding effect any claims not now known by Employee to exist. This Release shall not apply to any agreements, obligations or legal conceptsundertakings of the Company provided for, or affirmed in this Agreement.

Release of the Company. ExecutiveIn exchange for the Company’s promises set forth herein, individually and on behalf other good and valuable consideration, the sufficiency of Executive’s successorswhich is hereby acknowledged, you and your representatives, agents, estate, heirs, successors and assigns, attorneysabsolutely and unconditionally hereby release, remise, discharge, indemnify and hold harmless the Company Releasees (defined to include the Company and/or any of its parents, subsidiaries or affiliates, predecessors, successors or assigns, and all those entitled to assert Executive’s rights, now its and forever hereby releases and discharges the Company and its their respective officerscurrent and/or former partners, directors, shareholders/stockholders, trusteesofficers, employees, attorneys and/or agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns all both individually and attorneys (the “Released Parties”in their official capacities), from any and all claims, actions, actions or causes of action, sums of money due, suits, debtsclaims, liens, covenantscomplaints, contracts, obligations, costs, expenses, damages, judgmentsliabilities, agreements, promises, torts, debts, damages, controversies, judgments, rights and demands, claims for attorney’s fees and costswhether existing or contingent, or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, suspected or unsuspected, which arise out of your employment with, change in employment status with, and/or separation of employment from, the Company. This release is intended by you to be all encompassing and to act as a full and total release of any nature whatsoeverclaims, including those which may be traced either directly whether specifically enumerated herein or indirectly to the aforesaid employment relationship, or the termination of that relationshipnot, that Executive has, you may have or have had or purports against the Company Releasees arising from conduct occurring up to have, from the beginning of time to and through the date of this ReleaseAgreement, and including including, but not limited to Claims for to, any claims arising from any federal, state or local law, regulation or constitution dealing with either employment, employment benefits or employment discrimination such as those laws or regulations concerning discrimination on the basis of race, color, creed, religion, age, sex, sex harassment, sexual orientation, national origin, ancestry, genetic carrier status, handicap or disability, veteran status, any military service or application for military service, or any other category protected under federal or state law; Claims arising under the Age Discrimination in Employment Actany contract, 29 U.S.C. § 621whether oral or written, et seq.express or implied, Title VII of the Civil Rights Actincluding without limitation, 42 U.S.C. § 2000(eany letter offering employment and any stock option agreement(s), et seq. ; any tort; any claim for equity or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.other benefits; Claims for or any other statutory or and/or common law wrongful discharge; Claims arising under claim. You not only release and discharge the Fair Labor Standards ActCompany Releasees from any and all claims as stated above that you could make on your own behalf or on behalf of others, 29 U.S.C. § 201 et seq.; Claims for attorney’s feesbut also those claims that might be made by any other person or organization on your behalf, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in you specifically waive any way relate right to the design or administration recover any damage awards as a member of any employee benefit programclass in a case in which any claim(s) against the Company Releasees are made involving any matters. Notwithstanding the foregoing, including nothing herein shall be deemed to release or waive any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seqfrom this Agreement.; or Claims under any other applicable federal, state or local laws or legal concepts.

Release of the Company. In exchange for the consideration provided to Executive pursuant to this Release, which Executive acknowledges is fair and sufficient consideration, Executive, individually and on behalf of Executive’s successors, assigns, attorneys, and all those entitled to assert Executive’s rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims for employment discrimination under federal or state law; Claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or ., the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; or the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims under any contracts, agreements, or understandings Executive may have with any of the Released Parties, written or oral (including under the Agreement); Claims for attorney’s fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims under any other applicable federal, state or local laws or legal concepts.

Release of the Company. ExecutiveIn consideration of the Retirement Benefits provided hereunder, individually and on behalf the covenants, obligations and undertakings of Executive’s the Company hereunder, Garvin irrevocably, unconditionally and generally releases, acquits xxx xorever discharges the Company, any related corporation, entity and affiliate of each of the foregoing, and each of its members, owners, stockholders, predecessors, successors, assigns, attorneysagents, directors, officers, employees and representatives, and all those entitled to assert Executive’s rightspersons acting by, now and forever hereby releases and discharges the Company and its respective officersthrough, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns and attorneys under or in concert with any of them (the “Released Parties”), collectively "Releasees") from any and all claims, charges, complaints, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, sums of money due, suits, debtsrights, liens, covenants, contracts, obligationsdemands, costs, expenseslosses, damages, judgments, agreements, promises, demands, claims for attorney’s debts and expenses (including attorneys' fees and costs, or liabilities costs actually incurred) of any nature whatsoever (collectively, “"Claims”"), in law and arising out of or in equity, which Executive ever had relating to any matter or now has against the Released Parties, thing whatsoever including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to to, any and all Claims for whatsoever arising from the Employment Agreement and Garvin's employment discrimination under federal or state law; with and termination from the Company (includinx xxxxxxt limitation, wrongful discharge and breach of contract), any and all Claims arising under from federal, state or local statute or regulation (including without limitation Title VII of the Civil Rights Act of 1964, as amended, Americans with Disabilities Act, Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Family & Medical Leave Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; state and local laws against discrimination, state and local wage and hour and state and local labor laws), and any and all Claims for attorney’s fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under common law, whether in contract or in tort. Excluded from the Employee Retirement Income Security Actscope of this Release of the Company are the Company's obligations under this Agreement and the Company's indemnity obligations under the New York Business Corporation Law and the Certificate of Incorporation, 29 U.S.C. § 1001as amended, et seqand by-laws, as amended, of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Garvin any director and officer insurance policy coverage that had xxxx xaintained during Garvin's employment with the Company, provided Garvin has satisfied xxx xxxerage requirements.; or Claims under any other applicable federal, state or local laws or legal concepts.

Release of the Company. ExecutiveThe Employee, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employeesEmployee’s, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive the Employee ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any or which may be traced either directly or indirectly to the employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationshipEmployee, or the termination of that relationship, that Executive the Employee has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Dxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 00000, et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 201, et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Company of its obligations to the Employee under Section 3(b) of the Employment Agreement or Claims under any other applicable equity award agreement or indemnification agreement, or under any indemnification obligations to the Employee under the Company’s articles of incorporation or bylaws or any federal, state or local laws law or legal concepts.otherwise. DOCPROPERTY "CUS_DocIDChunk0" 4866-7926-4784.11

Release of the Company. Executive, individually and on behalf of Executive’s for herself, her successors, assigns, attorneys, and all those entitled to assert Executive’s her rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (“the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein will release the Company of its obligations to Executive under the Employment Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and Executive, state or local laws any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, Delaware law or legal conceptsotherwise.

Release of the Company. Executive, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (“the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Executive Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Company of its obligations to Executive under the Employment Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and Executive, state or local laws any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, Georgia law or legal conceptsotherwise.

Release of the Company. The Executive, individually and on behalf of Executive’s for himself/herself, his/her successors, assigns, attorneys, attorneys and all those entitled to assert Executive’s his/her rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, costs or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which the Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors and the Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that the Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation paypaid time off; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Company of its obligations to the Executive under the CIC Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and the Executive, state or local laws any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, New York law or legal conceptsotherwise.

Release of the Company. ExecutiveEmployee, individually and on behalf of Executive’s for herself, her successors, assigns, attorneys, and all those entitled to assert Executive’s her rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (“the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive Employee ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and ExecutiveEmployee. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive Employee has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Company of its obligations to Employee under the Employment Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and Employee, state or local laws any indemnification obligations to Employee under the Company’s bylaws, certificate of incorporation, Delaware law or legal conceptsotherwise.

Release of the Company. In exchange for the consideration provided to Executive pursuant to Section 2(b) of the Separation Agreement, which Executive acknowledges is fair and sufficient consideration, Executive, individually and on behalf of Executive’s successors, assigns, attorneys, and all those entitled to assert Executive’s rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Post-Employment Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had had, or purports to have, from the beginning of time to the date of this Post-Employment Release, and including but not limited to Claims for employment discrimination under federal or state law; Claims arising under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or ., the Americans With Xxxxxxxxxxxx XxxDisabilities Act, 00 X.X.X. 42 U.S.C. § 00000 12101 et seq.; or the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims under any contracts, agreements, or understandings Executive may have with any of the Released Parties, written or oral; Claims for attorney’s fees, expenses expenses, and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims Claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims under any other applicable federal, state state, or local laws or legal concepts.

Release of the Company. Executive, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (“the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Executive Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Company of its obligations to Executive under the Employment Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and Executive, state or local laws any indemnification obligations to Executive under the Company’s bylaws, certificate of incorporation, Delaware law or legal conceptsotherwise.

Release of the Company. ExecutiveThe Employee, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholdersshareholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive the Employee ever had or now has against the Released Parties, includingrelating to or arising out of the Employee’s employment, without limitationor termination of employment, any Claims arising by reason of or in any way connected service as a director, with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all ClaimsCompany, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Section 3(b) of this Agreement; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims . Notwithstanding the foregoing, nothing herein shall release (i) the Company of its obligations to the Employee under this Agreement, (ii) any other applicable federalcontractual obligations between the Company or any of the other Released Parties and the Employee, state subject to the terms thereof, (iii) any indemnification obligations to the Employee under the Company’s bylaws, articles of incorporation, Georgia law, the Indemnification Agreements or local laws otherwise, including the indemnification obligations described in Section 2(i), (iv) any rights or legal conceptsclaims that the Employee may have in his capacity as a shareholder of the Company, or (v) any rights that the Employee may have under the Company’s 401(k) plan.

Release of the Company. ExecutiveYou understand that by agreeing to this release you are agreeing not to xxx, individually and or otherwise file any claim against, the Company or any of its employees or other agents for any reason whatsoever based on anything that has occurred as of the date you sign this agreement. a) On behalf of Executive’s yourself and your heirs and assigns, you hereby release and forever discharge the "Releasees" hereunder, consisting of the Company, and each of its owners, affiliates, divisions, predecessors, successors, assigns, attorneysagents, directors, officers, partners, employees, insurers, and all those entitled to assert Executive’s rights, now and forever hereby releases and discharges employee benefit plans in which you are or have been a participant by virtue of your employment with the Company and its respective officersall persons acting by, directorsthrough, stockholdersunder or in concert with them, trusteesor any of them, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns of and attorneys (the “Released Parties”), from any and all claims, manner of action or actions, cause or causes of action, sums of money duein law or in equity, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, liability, claims, demands, claims for attorney’s fees and costsdamages, loss, cost or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknownexpense, of any nature whatsoever, including those known or unknown, fixed or contingent (hereinafter called "Claims"), which you now have or may be traced either directly or indirectly to hereafter have against the aforesaid employment relationshipReleasees, or the termination any of that relationshipthem, that Executive hasby reason of any matter, had cause, or purports to have, thing whatsoever from the beginning of time to the date hereof, including, without limiting the generality of this Releasethe foregoing, and any Claims arising out of, based upon, or relating to your hire, employment, remuneration or resignation of your employment, including but not limited to Claims for employment discrimination under federal or state law; any Claims arising under Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of as amended; the Civil Rights Equal Pay Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.as amended; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.as amended; Claims for attorney’s fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001as amended; the California Fair Employment and Housing Act, et seq.as amended; or Claims under the California Labor Code; and/or any other applicable federallocal, state or local laws or legal conceptsfederal law governing discrimination in employment and/or the payment of wages and benefits. b) YOU ACKNOWLEDGE THAT YOU ARE 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. BEING AWARE OF SAID CODE SECTION, YOU HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT. c) In accordance with the Older Workers Benefit Protection Act of 1990, you should be aware of the following: i) You have the right to consult with an attorney before signing this agreement; ii) You have twenty-one (21) days from January 22, 2001 to consider the terms of this agreement; iii) You have seven (7) days after signing this agreement to revoke this agreement, and this agreement will not be effective, and you will not receive any of the separation benefits, until that revocation period has expired.

Release of the Company. ExecutiveYou understand that by agreeing to this release you are agreeing not to xxx, individually and or otherwise file any claim against, the Company or any of its employees or other agents for any reason whatsoever based on anything that has occurred as of the date you sign this agreement. a) On behalf of Executive’s yourself and your heirs and assigns, you hereby release and forever discharge the "Releasees" hereunder, consisting of the Company, and each of its owners, affiliates, divisions, predecessors, successors, assigns, attorneysagents, directors, officers, partners, employees, insurers, and all those entitled to assert Executive’s rights, now and forever hereby releases and discharges employee benefit plans in which you are or have been a participant by virtue of your employment with the Company and its respective officersall persons acting by, directorsthrough, stockholdersunder or in concert with them, trusteesor any of them, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns of and attorneys (the “Released Parties”), from any and all claims, manner of action or actions, cause or causes of action, sums of money duein law or in equity, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, liability, claims, demands, claims for attorney’s fees and costsdamages, loss, cost or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknownexpense, of any nature whatsoever, including those known or unknown, fixed or contingent (hereinafter called "Claims"), which you now have or may be traced either directly or indirectly to hereafter have against the aforesaid employment relationshipReleasees, or the termination any of that relationshipthem, that Executive hasby reason of any matter, had cause, or purports to have, thing whatsoever from the beginning of time to the date hereof, including, without limiting the generality of this Releasethe foregoing, and any Claims arising out of, based upon, or relating to your hire, employment, remuneration or resignation of your employment, including but not limited to Claims for employment discrimination under federal or state law; any Claims arising under Title VII of the Civil Rights Act of 1964, as amended; the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of as amended; the Civil Rights Equal Pay Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.as amended; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.as amended; Claims for attorney’s fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001as amended; the California Fair Employment and Housing Act, et seq.as amended; or Claims under the California Labor Code; and/or any other applicable federallocal, state or local laws or legal conceptsfederal law governing discrimination in employment and/or the payment of wages and benefits. b) YOU ACKNOWLEDGE THAT YOU ARE 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. BEING AWARE OF SAID CODE SECTION, YOU HEREBY EXPRESSLY WAIVE ANY RIGHTS YOU MAY HAVE THEREUNDER, AS WELL AS UNDER ANY OTHER STATUTES OR COMMON LAW PRINCIPLES OF SIMILAR EFFECT.

Release of the Company. In exchange for the consideration provided to Executive pursuant to this Release, which Executive acknowledges is fair and sufficient consideration, Executive, individually and on behalf of Executive’s successors, assigns, attorneys, and all those entitled to assert Executive’s rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive ever had or now has against the Released Parties, including,  without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims for employment discrimination under federal or state law; Claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or ., the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; or the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims under any contracts, agreements, or understandings Executive may have with any of the Released Parties, written or oral (including under the Agreement and under the Change in Control Severance Plan); Claims for attorney’s fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims under any other applicable federal, state or local laws or legal concepts.. 

Release of the Company. In exchange for the consideration provided to Executive pursuant to the Transition Agreement, which Executive acknowledges is fair and sufficient consideration, Executive, individually and on behalf of Executive’s 's successors, assigns, attorneys, and all those entitled to assert Executive’s 's rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trusteestrustees , employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns and attorneys (the “"Released Parties”"), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s ' s fees and costs, or liabilities whatsoever (collectively, “"Claims”"), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitationlimitation , any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and including but not limited to Claims for employment discrimination under federal or state law; Claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or ., the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; or the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims under any contracts, agreements, or understandings Executive may have with any of the Released Parties, written or oral (including under the Employment Agreement and under the Change in Control Severance Plan); Claims for attorney’s 's fees, expenses and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims under any other applicable federal, state or local laws or legal concepts.. 

Release of the Company. Executive, individually and on behalf of Executive’s for himself, his successors, assigns, attorneys, and all those entitled to assert Executive’s his rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliatesaffiliates, estates, successors, assigns and attorneys ("the “Released Parties”"), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s 's fees and costs, or liabilities whatsoever (collectively, “Claims”)whatsoever, in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, including any Claims claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates parents, subsidiaries, affiliates, or predecessors, and Executive. It is understood and agreed that this Release is intended to cover all Claimsactions, whether known causes of action, claims or unknowndemands for any damage, of any nature whatsoeverloss or injury, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had or purports to have, from the beginning of time to the date of this Release, and whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to Claims claims for employment discrimination under federal or state law, except as provided in Paragraph 2; Claims claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; Claims claims for statutory or common law wrongful discharge; Claims , including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims claims for attorney’s 's fees, expenses and costs; Claims claims for defamation; Claims for emotional distress; Claims claims for wages or vacation pay; Claims claims for benefits or that in any way relate to the design or administration of any employee benefit programbenefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein will release the Company of its obligations to Executive under the Employment Agreement or Claims under any other applicable federalcontractual obligations between the Company or its affiliates and Executive, state or local laws any indemnification obligations to Executive under the Company's bylaws, certificate of incorporation, Delaware law or legal conceptsotherwise.

Release of the Company. In exchange for the consideration provided to Executive pursuant to this Agreement, which Executive acknowledges is fair and sufficient consideration, Executive, individually and on behalf of Executive’s successors, assigns, attorneys, and all those entitled to assert Executive’s rights, now and forever hereby releases and discharges the Company and its respective officers, directors, stockholders, trustees, employees, agents, fiduciaries, parent corporations, subsidiaries, Affiliates, estates, successors, assigns assigns, and attorneys (the “Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever (collectively, “Claims”), in law or in equity, which Executive ever had or now has against the Released Parties, including, without limitation, any Claims arising by reason of or in any way connected with any employment relationship which existed between the Company or any of its Affiliates and Executive. It is understood and agreed that this Release Agreement is intended to cover all Claims, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Executive has, had had, or purports to have, from the beginning of time to the date of this ReleaseAgreement, and including but not limited to Claims for employment discrimination under federal or state law; Claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or ., the Americans With Xxxxxxxxxxxx XxxDisabilities Act, 00 X.X.X. 42 U.S.C. § 00000 12101 et seq.; or the Family and Medical Leave Act, 29 U.S.C. § 2601 et seq.; Claims for statutory or common law wrongful discharge; Claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; Claims under any contracts, agreements, or understandings Executive may have with any of the Released Parties, written or oral; Claims for attorney’s fees, expenses expenses, and costs; Claims for defamation; Claims for emotional distress; Claims for wages or vacation pay; Claims for benefits or that in any way relate to the design or administration of any employee benefit program, including any claims Claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; or Claims under any other applicable federal, state state, or local laws or legal concepts.