Release of the Executive. Western Digital, SanDisk, and each and all of their divisions, subsidiaries, parents, predecessors, successors, assigns, and affiliated or related corporations and entities, past and present, as well as each and all of its and their owners, trustees, officers, directors, managers, shareholders, members, partners, administrators, fiduciaries, representatives, attorneys, assignees, successors, insurers, benefit plans, agents and employees, past and present, and each of them (collectively, the “Company Parties”) is waiving, releasing and discharging and promising not to xxx, Executive on behalf of Executive and each of Executive’s respective heirs, executors, administrators, representatives, agents, successors and assigns (collectively, the “Executive Released Parties”) from and with respect to any and all claims, wages, demands, actions, class actions, rights, liens, agreements, contracts, covenants, suits, causes of action, charges, grievances, obligations, debts, costs, expenses, penalties, attorneys’ fees, damages, judgments, orders and liabilities of any kind, known or unknown, suspected or unsuspected, arising out of or in any way connected with Executive’s employment relationship with, or the ending of Executive’s employment with, any of the Company Parties (collectively, the “Company Claims”), including but in no way limited to, any act or omission committed or omitted prior to the date hereof; provided, however, that nothing herein shall release Executive from any claims arising out of or otherwise related to Executive’s fraud, willful misconduct or gross negligence or the Executive having intentionally misrepresented any facts or circumstances to, and that could reasonably be expected to have a material adverse impact on, Western Digital, SanDisk or their respective affiliates. Notwithstanding anything to the contrary, nothing herein shall release Executive or any other Executive Released Party from any Company Claims based on any right a Company Party may have to enforce this Agreement. The portion of Executive’s benefits under the Change of Control Agreement held in the Rabbi Trust shall not be subject to any forfeiture, offset or payment delay as a result of, or in connection with, any Company Claims.
Release of the Executive. In consideration of the Executive’s entering into this Agreement, the Company, for itself, its officers and directors, its subsidiaries and their respective predecessors, successors and assigns, hereby releases and forever discharges the Executive and his heirs, personal representatives, successors and assigns from and against any and all claims, demands, damages, actions, causes of action, costs and expenses, of whatever kind or nature, in law, equity or otherwise, which the Company or any of said entities now has, may ever have had or may have hereafter upon or by reason of any matter, cause or thing occurring, done or omitted to be done prior to the date of this Agreement, including without limitation all rights and claims the Company or any of said entities or any third parties (including officers, directors and employees of the Company or its subsidiaries) have or might have as a result of Executive’s status as an officer, director or employee of the Company or any of said entities or the termination of that status; provided, however, that this release shall not apply to any claims the Company may have, now or hereafter, which arise out of or relate to any act by the Executive that constituted gross negligence or willful misconduct in carrying out his duties or obligations as an employee of the Company.
Release of the Executive. In consideration for the surrender by the Executive of the options and other good and valuable consideration, receipt of which is hereby acknowledged, the Company, including its principals, directors and officers, hereby releases and discharges the Executive and his agents, attorneys, assureds, past and present, heirs, executors, administrators, successors and assigns from any and all actions, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever, in law, admiralty or equity, which against the Executive, his agents, attorneys, assureds, past and present heirs, executors, administrators, successors and assigns the Company ever had, now has or hereafter can, shall or may have upon or by reason of any matter, cause or thing whatsoever from the beginning of the world to the date of this Agreement. However, nothing contained herein shall in any way affect the right of the Company to enforce its rights and remedies under this Agreement.
Release of the Executive. In consideration of the Executive's entering into this Mutual Release, the Company on its own behalf and on behalf of each of the other Company Releasees, hereby remises, releases and forever discharges the Executive and each of the other Executive Releasors from and against any and all Claims that any Company Releasee now has, may ever have had or may have hereafter upon or by reason of any matter, cause or thing occurring, done or omitted to be done prior to the date of this Mutual Release that constitutes an Employment-Related Claim; provided, however, that this release shall not apply to any Claim to the extent that such Claim (a) is based on willful misconduct or gross neglect or (b) arises under, or is preserved by, the Employment Agreement. To the extent necessary to make the preceding release fully effective, the Company, on its own behalf and on behalf of each of the other Company Releasees, expressly waives all rights afforded by any statute that expressly limits the effect of a release with respect to unknown claims. The Company understands the significance of this release of unknown claims and waiver of statutory protection against a release of unknown claims.
