Common use of Release Clause in Contracts

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Each Borrower does hereby absolutely and unconditionally release release, remise, acquit and forever discharge Xxxxx FargoLender and Lender’s employees, agents, representatives, consultants, attorneys, fiduciaries, servants, officers, directors, partners, predecessors, successors and any and all participants, parent corporationsassigns, subsidiary corporations, affiliated corporationsparent corporation, insurers, indemnitors, successors and assigns thereof, together with related corporate divisions (all of the present and former directors, officers, agents, attorneys, and employees of any of foregoing hereinafter called the foregoing“Released Parties”), from any and all action and causes of action, judgments, executions, suits, debts, claims, demands or causes of action demands, liabilities, obligations, damages and expenses of any kindand every character, nature known or descriptionunknown, direct and/or indirect, at law or in equity, of whatsoever kind or nature, whether arising in law heretofore or equity or upon contract or tort or under any state or federal law or otherwisehereafter arising, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason because of any actmatter or things done, omission, matter, cause omitted or thing whatsoever arising from suffered to be done by any of the beginning of time Released Parties prior to and including the date of execution hereof, and in any way directly or indirectly arising out of or in any way connected to this Amendment, whether such claims, demands the Credit Agreement and causes of action are matured or unmatured or known or unknown. It is the intention other Loan Documents (all of the Company and Guarantor in executing this release foregoing hereinafter called the “Released Matters”). Each Borrower acknowledges that the same shall agreements in this paragraph are intended to be effective as in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Each Borrower represents and warrants to Lender that it has not purported to transfer, assign or otherwise convey any right, title or interest of such Borrower in any Released Matter to any other Person and that the foregoing constitutes a bar to each full and every claimcomplete release of all Released Matters. EACH BORROWER INTENDS THE ABOVE RELEASE TO COVER, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaENCOMPASS, which providesRELEASE, AND EXTINGUISH, INTER ALIA, ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION THAT MIGHT OTHERWISE BE RESERVED BY THE CALIFORNIA CIVIL CODE SECTION 1542, (OR ITS EQUIVALENT UNDER ILLINOIS LAW) 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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsEACH BORROWER ACKNOWLEDGES THAT IT MAY HEREAFTER DISCOVER FACTS DIFFERENT FROM OR IN ADDITION TO THOSE NOW KNOWN OR BELIEVED TO BE TRUE WITH RESPECT TO SUCH CLAIMS, demandsDEMANDS, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.OR CAUSES OF ACTION, AND AGREES THAT THIS AMENDMENT AND THE ABOVE RELEASE ARE AND WILL REMAIN EFFECTIVE IN ALL RESPECTS NOTWITHSTANDING ANY SUCH DIFFERENCES OR ADDITIONAL FACTS

Release. Company Borrowers and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Guarantors hereby absolutely and unconditionally release and forever discharge Xxxxx FargoLender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company Borrowers or Guarantor has Guarantors have had, now has have or has have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company Borrowers and Guarantor Guarantors in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention each of the Company Borrowers and Guarantor each Guarantors waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement (a) For valuable consideration, receipt of Guarantor set forth below which is hereby absolutely and unconditionally release acknowledged, Releasor does hereby release, acquit and forever discharge Xxxxx FargoReleasee and its shareholders, partners, principals, employees, agents, relatives, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with (all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoingwhom shall be included as a Releasee), from any and all claims, demands or demands, actions, causes of action, damages, costs, or other claims whatsoever in law or equity, which Releasor may have against the Releasee. In so doing, Releasor releases, relinquishes, remises, waives forever, discharges, absolves, and quits the Releasee from each, every and all things, including by way of example, but not limitation each and every claim, action, cause of action whatsoever and all liabilities, debts, sums of money, controversies, indebtedness, breaches of contract, breaches of duty or any relationships, acts, omissions, promises, agreements, representations, damages and any demand of any kindtype, nature nature, kind or description, whether arising in law or equity or upon contract or tort or under any state or federal law in equity, or otherwise, whether known or unknown, suspected or unsuspected, heretofore or now existing which Company could, might or Guarantor has had, now has or has made claim may be claimed to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising exist from the beginning of time to and including unto the date of this Amendment, whether such claims, demands these presents. (b) Releasor does hereby acknowledge and causes of action are matured or unmatured or known or unknown. It agree that it is the Releasor's intention of the Company and Guarantor in executing that this release that the same shall be effective as a full and final accord and satisfaction and settlement of and as a bar to each and every claim, demand demand, debt, account, reckoning, liability, obligation, cost, expense, lien, action and cause of action specified action, heretofore referred to and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiareleased, which provides: “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 RELEASEReleasor has against Releasee. In connection with such waiver and relinquishment, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge Releasor acknowledges that each Releasor is aware that Releasor or Releasor's attorney may hereafter discover facts different from or in addition to those the facts which they or their attorney now known know or believed believe to be true with respect to such the subject matter of this release, but that it is Releasor's intention to fully, finally, absolutely and forever settle any and all claims, demandsdisputes and differences which to now exist or heretofore have existed between Releasor and Releasee, or causes and that in furtherance of action and agree that this instrument such intention the releases herein given shall be and remain effective in all respects effect as a full and complete general release notwithstanding the discovery of any such differences different or additional facts.

Release. Each Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release releases and forever discharge discharges Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which such Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the each Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the each Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In consideration of the severance benefits offered to me by Ingevity Corporation (the “Company”) under the Severance and Change of Control Agreement dated as of _______________ (the Guarantor signing “Agreement”) and other consideration, I on behalf of myself, and on behalf of my heirs, administrators, representatives, successors, and assigns (the Acknowledgment and Agreement of Guarantor set forth below “Releasors”), hereby absolutely and unconditionally release acquit and forever discharge Xxxxx Fargothe Company, all of its past, present and any future subsidiaries and affiliates and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former their respective directors, officers, employees, agents, attorneystrustees, partners, shareholders, consultants, independent contractors and representatives, all of their respective heirs, successors, and employees of any of assigns and all persons acting by, through, under or in concert with them (the foregoing, “Releasees”) from any and all claims, demands or charges, complaints, obligations, promises, agreements, controversies, damages, remedies, demands, actions, causes of action action, suits, rights, costs, debts, expenses and liabilities that the Releasors might otherwise have asserted arising out of my employment with the Company and its subsidiaries and affiliates, including the termination of that employment. However, the Releasors are not releasing any kindrights under (i) any qualified employee retirement plan; (ii) any claim for compensation and benefits to be provided to me under the Agreement; (ii) any claim for vested benefits or benefits that I am otherwise entitled to receive under any plan, nature policy, practice or descriptionprogram of or any contract or agreement with the Company or any of the Affiliated Companies at or subsequent to the Date of Termination; (iii) any claim related to my indemnification as an officer, whether arising director and employee of the Affiliated Companies under the Company’s Certificate of Incorporation or By-Laws; or (iv) any rights or claims that may arise after the date on which I sign this release (the “Release”). Those rights shall survive unaffected by this Release. I understand that, as a consequence of my signing this Release, I am giving up, any and all rights I might otherwise have with respect to my employment and the termination of that employment including but not limited to rights under (1) the Age Discrimination in law Employment Act of 1967, as amended; (2) any and all other federal, state, or equity municipal laws prohibiting discrimination in employment on the basis of sex, race, national origin, religion, age, handicap, or upon other invidious factor, or retaliation; and (3) any and all theories of contract or tort law related to my employment or under any state or federal termination thereof, whether based on common law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties I acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.that:

Release. Company and (a) Each person or entity identified in Exhibit S to the Guarantor signing Agreement by the Acknowledgment and Agreement Attorney General of Guarantor set forth below the State of STATE [or as certified by the office of the governmental prosecuting authority for the Litigating Political Subdivision] hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any irrevocably releases the Original Participating Manufacturers and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, Related Persons from any and all claims, demands claims that such person or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has entity ever had, now has or has made claim hereafter can, shall or may have in any way related to have against the Action (including but not limited to any such person for or by reason negotiations related to the settlement of the Action). Such release shall not be construed as a release of any act, omission, matter, cause person or thing whatsoever arising from the beginning of time entity as to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention any of the Company obligations undertaken herein in connection with a breach thereof. (b) In the event that STATE Outside Counsel and Guarantor in executing this release that the same Original Participating Manufacturers agree upon a Liquidated Fee pursuant to section 7 hereof, it shall be effective as a bar precondition to any payment by the Original Participating Manufacturers to the Designated Representative pursuant to section 8 hereof that each and every claim, demand and cause of action specified and person or entity identified in furtherance of this intention Exhibit S to the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of Agreement by the Civil Code Attorney General of the State of CaliforniaSTATE [or as certified by the office of the governmental prosecuting authority for the Litigating Political Subdivision] shall have irrevocably released all entities represented by STATE Outside Counsel in the Action, which provides: “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 RELEASEas well as all persons acting by or on behalf of such entities (including the Attorney General [or the office of the governmental prosecuting authority] and each other person or entity identified on Exhibit S to the Agreement by the Attorney General [or the office of the governmental prosecuting authority]) from any and all claims that such person or entity ever had, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORnow has or hereafter can, shall or may have in any way related to the Action (including but not limited to any negotiations related to the settlement of the Action). Such release shall not be construed as a release of any person or entity as to any of the obligations undertaken herein in connection with a breach thereof.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which either Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Each of the Borrowers and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Guarantors hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company Borrowers or Guarantor has Guarantors have had, now has have or has have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company Borrowers and Guarantor Guarantors in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company Borrowers and Guarantor Guarantors each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company a) Employee, on Employee’s own part and the Guarantor signing the Acknowledgment and Agreement on behalf of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoEmployee’s dependents, heirs, executors, administrators, assigns, and any successors (the “Releasors”), and all participantseach of them, parent corporationshereby covenants not to xxx and fully releases, subsidiary corporationsacquits, affiliated corporationsand discharges Intelsat, insurersand its parent, indemnitorssubsidiaries, successors and assigns thereofaffiliates, together with all of the present and former owners, trustees, directors, officers, agents, attorneysemployees, stockholders, representatives, assigns, and employees of any of the foregoing, successors (collectively referred to as “Intelsat Releasees”) with respect to and from any and all claims, demands or wages, agreements, contracts, covenants, actions, suits, causes of action action, expenses, attorneys’ fees, damages, and liabilities of any kindwhatever kind or nature in law, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention , suspected or unsuspected, and whether or not concealed or hidden, which Employee has at any time heretofore owned or held against said Intelsat Releasees, including, without limitation, those arising out of or in any way connected with Employee’s employment relationship with Intelsat or Employee’s separation from employment with Intelsat, except with respect to those benefits set forth in Paragraph 1 of this Agreement. b) In furtherance of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimagreements set forth above, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each Employee hereby expressly waives and relinquishes any and all rights and benefits under Section 1542 any applicable statute, doctrine or principle of law restricting the Civil Code right of any person to release claims that such person does not know or suspect to exist at the State time of Californiaexecuting a release, which provides: “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 RELEASEclaims, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge if known, may have materially affected such person’s decision to give such a release. In connection with such waiver and relinquishment, Employee acknowledges that each he is that he may hereafter discover claims presently unknown or unsuspected, or facts different from or in addition to or different from those that Employee now known knows or believed believes to be true true, with respect to the matters released herein. Nevertheless, it is Employee’s intention to fully, finally and forever release all such claimsmatters, demandsand all claims relating thereto, that now exist, may exist or causes of action theretofore have existed, as specifically provided herein. The parties hereto acknowledge and agree that this instrument waiver shall be an essential and remain effective material term of the release contained above. Nothing in all respects notwithstanding any such differences or additional factsthis paragraph is intended to expand the scope of the release as specified herein.

Release. Company and (a) In the Guarantor signing the Acknowledgment and Agreement event (i) of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoa sale, and any and exchange, transfer or other disposition of all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with or substantially all of the present and former directors, officers, agents, attorneys, and employees assets of any Note Guarantor, by way of the foregoingmerger, from any and all claimsamalgamation, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law consolidation or otherwise, which Company or Guarantor has hada sale, now has exchange, transfer or has made claim to have against any such person for or by reason other disposition of all the Equity Interests of any actNote Guarantor, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of then held by the Company and its Restricted Subsidiaries to a Person that is not (either before or after giving effect to such transactions) a Subsidiary of the Company, in each case so long as such sale or other disposition is permitted by this Indenture, (ii) in the case of any Note Guarantee issued on the Issue Date (or required but issued thereafter pursuant to Section 4.24(b)), upon the release or discharge of the Note Guarantee by such Note Guarantor in executing this respect of the Credit Agreement (other than any release that the same shall be effective or discharge by, or as a bar to each and every claimresult of, demand and cause payment of action specified the Credit Facility Obligations), and in furtherance any other case upon the release or discharge of this intention any Note Guarantee in respect of any Indebtedness that resulted in the issuance after the Issue Date of the Note Guarantee by such Note Guarantor, (iii) the Company discharges the Notes and Guarantor each waives and relinquishes all rights and benefits its Obligations under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true this Indenture under Article 3 with respect to the Notes, (iv) upon the merger, amalgamation or consolidation of any Note Guarantor with and into the Company or another Note Guarantor or upon the liquidation of such claimsNote Guarantor, demandsin each case, in compliance with the applicable provisions of this Indenture or causes of action and agree that this instrument (v) as described under Article 10, such Note Guarantor shall be released and relieved of any obligations under its Note Guarantee without any further action being required by the Trustee or any Holder. (b) Upon delivery by the Company to the Trustee of an Officer’s Certificate and an Opinion of Counsel to the effect that such sale or other disposition was made by the Company in accordance with the provisions of this Indenture, the Trustee shall execute any documents reasonably required in order to evidence the release of any Note Guarantor from its obligations under its Guarantee. (c) Any Note Guarantor not released from its obligations under its Note Guarantee shall remain effective liable for the full amount of principal of and interest on the Notes and for the other obligations of any Note Guarantor under this Indenture as provided in all respects notwithstanding any such differences or additional factsthis Article 13.

Release. Company In the event that Executive elects the Release Severance, then Executive agrees as follows: Executive, on behalf of himself or herself and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitorshis or her heirs, successors and assigns thereofassigns, together with all of hereby fully releases and forever discharges the present Company, and former its officers, directors, officers, agents, employees, attorneys, parents, affiliates, and employees of any of subsidiaries (the foregoing“Released Parties”), from any and all claims, demands or causes of action actions and liabilities of any kindkind or character whatsoever, nature or description, whether arising in law or equity in equity, known or upon contract unknown, suspected or tort or under any state or federal law or otherwiseunsuspected, which Company or Guarantor that Executive has ever had, now has or has made claim to may now have against the Released Parties, including, without limitation, all claims directly or indirectly related to or arising out of Executive’s employment by the Company, the performance of his duties during that employment, and/or the termination of or his resignation from that employment. This waiver and release specifically includes, but is not limited to, all claims, if any, whether arising in tort or in contract, related to Executive’s employment, including any such person and all claims for wrongful discharge or wrongful termination; claims for alleged violation of public policy or breach of implied covenant of good faith and fair dealing; claims for breach of fiduciary duty; claims for negligent or intentional infliction of emotional distress; claims arising in connection with Executive’s compensation, benefits, warrants and/or stock options; claims for breach of express or implied contract or for further monetary compensation by way of additional salary or bonus allegedly due Executive by reason of his employment with the Company; and all other claims, based on common law or federal or state statute, including claims for discrimination based on age arising under state statute or the federal Age Discrimination in Employment Act, the Older Workers’ Benefits Protection Act, or any act, omission, matter, cause similar federal or thing whatsoever arising from the beginning of time state law prohibiting age discrimination. Executive further understands and expressly agrees that this Release specifically extends to and including the date of this Amendmentall claims, whether such those claims are presently known to the party or not, or suspected by the party or not. Executive agrees that he or she has not assigned or transferred, in whole or in part, any of the claims, demands and causes actions or liabilities released by him or her herein. By signing below, Executive expressly waives the benefits of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaCode, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.:

Release. Company and the (a) Each Borrower, each Guarantor signing the an Acknowledgment and Agreement of Guarantor set forth below below, and each Subordinate Creditor singing the Acknowledgment and Agreement of Subordinating Creditor, hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor such Borrower has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It Each Borrower, each Guarantor signing an Acknowledgment and Agreement of Guarantor set forth below, and each Subordinate Creditor signing the Acknowledgment and Agreement of each Subordinate Creditor set forth below, each certify that it has read the following provisions of California Civil Code Section 1542: 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. (b) Each Borrower, each Guarantor signing an Acknowledgment and Agreement of Guarantor set forth below, and each Subordinate Creditor signing the Acknowledgment and Agreement of each Subordinate Creditor set forth below, understands and acknowledges that the significance and consequence of this waiver of California Civil Code Section 1542 is that even if it should eventually suffer additional damages arising out of the facts referred to above, it will not be able to make any claim for those damages. Furthermore, each Borrower, each Guarantor signing an Acknowledgment and Agreement of Guarantor set forth below, and each Subordinate Creditor signing the Acknowledgment and Agreement of each Subordinate Creditor set forth below, acknowledges that it intends these consequences even as to claims for damages that may exist as of the date of this release but which it does not know exist, and which, if known, would materially affect its decision to execute this Agreement, regardless of whether its lack of knowledge is the intention result of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimignorance, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiaoversight, which provides: “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 RELEASEerror, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demandsnegligence, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsother cause.

Release. Company and The Borrower, the Guarantor by signing the Acknowledgment and Agreement of Guarantor set forth below below, and the Subordinated Creditors by signing the Acknowledgment and Agreement of Subordinated Creditors set forth below, hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges the Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company the Borrower, the Guarantor or Guarantor each Subordinated Creditor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company Borrower, the Guarantor and Guarantor each Subordinated Creditor in executing providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified specified, and in furtherance of this intention the Company and Guarantor each it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company From and after the Effective Time, the Stockholder finally and forever releases Purchaser and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoCompany, and any and all participantstheir respective successors, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsassigns, officers, agentsdirectors, attorneysservants, employees and employees all affiliates and Subsidiaries, past and present, of Purchaser and the Company (the “Releasees”) from each and every agreement, commitment, indebtedness, obligation and claim of every nature and kind whatsoever, known or unknown, suspected or unsuspected (each, a “Claim” and collectively, the “Claims”) that (A) Stockholder may have had in the past, may have as of the date hereof or, to the extent arising from or in connection with any act, omission or state of facts taken or existing on or prior to the date hereof, may have after the date hereof against any of the foregoing, from any Releasees and all claims, demands (B) has arisen or causes arises directly out of action Stockholder’s interest as a stockholder of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Company or Guarantor has had, now has or has made claim any of its Subsidiaries; except with respect to have against (i) any such person for or Claims as are contemplated by reason this Agreement, the Merger Agreement and the transactions contemplated hereby and thereby and (ii) any agreement, commitment, indebtedness, obligation and claim of any actevery nature and kind whatsoever, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, suspected or unsuspected claim that has arisen or arises directly from an obligation on behalf of the Company or any of its Subsidiaries to indemnify or hold harmless the Stockholder (all such Claims being the “Released Claims”). It Without limiting the provisions set forth above, the Stockholder acknowledges that it has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Pursuant to this statute, as well as any other statutes or common-law principles, whether of federal or state origin, of similar effect, the Stockholder expressly waives any rights with respect to any of the Released Claims, which the Stockholder may have. In connection with such waivers, the Stockholder acknowledges that it is aware that it may later discover claims presently unknown or unsuspected, or facts in addition to or different from those which it now knows or believes to be true, with respect to the matters released hereby. Nevertheless, it is the intention of the Company Stockholder through this release, fully, finally and Guarantor in executing this forever to settle and release all such claims and/or facts. The parties hereto intend that the same shall provisions regarding the Released Claims be effective construed as a bar to each broadly as possible, and every claimincorporate herein similar federal, demand and cause state or other laws, all of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiawhich, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsthe Released Claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsare similarly waived by the Stockholder.

Release. Company Borrower, Parent and the each Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges each member of the Lender Group, each of their respective Affiliates, and any and all participantseach of their respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysemployees, and employees of any of agents (collectively, the foregoing“Releasees”), from any and all claims, demands or demands, obligations, liabilities, causes of action action, damages, losses, costs and expenses of any kindkind or character, nature known or descriptionunknown, whether arising in law past or equity present, liquidated or upon contract unliquidated, suspected or tort or under any state or federal law or otherwiseunsuspected, which Company Borrower, Parent or any Guarantor has ever had, now has or has made claim to might hereafter have against any such person for Releasee which relates, directly or by reason indirectly, to the Loan Agreement or any other Loan Document, or to any acts or omissions of any actsuch Releasee with respect to the Loan Agreement or any other Loan Document, omissionor to the lender-borrower relationship evidenced by the Loan Documents, matterin each case, cause or thing whatsoever arising from the beginning of time with respect to and including all periods through the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownhereof. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar As to each and every claimclaim released hereunder, demand Borrower, Parent and cause each Guarantor hereby represents that it has received the advice of action specified legal counsel with regard to the releases contained herein, and in furtherance having been so advised, Borrower, Parent and each Guarantor specifically waives the benefit of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the Civil Code of the State of California, California which providesprovides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A 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 MIGHT HIM, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that As to each may hereafter discover facts different from and every claim released hereunder, Borrower, Parent and each Guarantor also waives the benefit of each other similar provision of applicable federal or in addition state law, if any, pertaining to those now known or believed to be true general releases after having been advised by its legal counsel with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthereto.

Release. Company Effective as of the Initial Delivery Date, each of the Parties, on behalf of itself and its assigns, heirs, beneficiaries, representatives, agents and affiliates (the Guarantor signing the Acknowledgment “Releasing Parties”), hereby fully and Agreement of Guarantor set forth below hereby absolutely and unconditionally release finally releases, acquits and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all discharges each of the other Parties and each of their respective present and former officers, directors, officersemployees, agents, attorneyspredecessors, successors, assigns, insurers and employees of any of attorneys (the foregoing, “Released Parties”) from any and all claims, demands or causes of action action, liabilities, losses, costs, damages, penalties, charges, expenses and all other forms of any kindliability or obligation whatsoever, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendmentequity, whether such claimsasserted or unasserted, demands and causes of action are matured or unmatured or known or unknown. It is , foreseen or unforeseen (“Claims”), arising prior to the intention Initial Delivery Date and relating to such Releasing Party’s ownership of the Company and Guarantor in executing Contributed Interests prior to the Initial Delivery Date or otherwise arising from or relating to the transactions contemplated by this release Agreement (collectively, the “Released Claims”); provided, however, that the same Released Claims shall be effective exclude any Claims arising from or relating to or in connection with (a) rights or obligations expressly set forth in this Agreement and (b) any claim or right to indemnification or advancement of expenses under the limited liability company agreement of any of XX XX, EQ II or AcqCo. as a bar in effect prior to each the Initial Delivery Date. Each Releasing Party expressly acknowledges that the release contained herein applies to all Released Claims and every claim, demand include Released Claims that if known by the Releasing Party might materially affect its decision to effect the release contained herein. Each Releasing Party has considered and cause taken into account the possible existence of action specified such Released Claims in determining to execute and in furtherance of deliver this intention Agreement. Without limiting the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 generality of the Civil Code of the State of Californiaforegoing, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true solely with respect to the Released Claims, each Releasing Party expressly waives any and all rights conferred upon it by any statute or rule of law that provides that a release does not extend to claims that the Releasing Party does not know or suspect to exist in its favor at the time of executing the release, which if known by the Releasing Party would have materially affected the Releasing Party’s release with the Released Parties. This Agreement constitutes a complete defense of any and all Released Claims. Each Releasing Party further agrees not to initiate any litigation, lawsuit, claim or action against any Released Party with respect to any Released Claim, except that the Releasing Party shall not be limited hereby from responding to, joining, prosecuting or being involved in any litigation, lawsuit, claim or action brought against such claimsReleasing Party in respect of a Released Claim, demands, nor from adjudicating whether or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsnot a Claim constitutes a Released Claim.

Release. Company a. In exchange for and as a condition of the Guarantor signing Company’s promises in the Acknowledgment Letter, you, on behalf of yourself and Agreement of Guarantor anyone who may claim by or through you, agree to release, to the fullest extent permitted by law, all claims (whether statutory, equitable, or common law) (other than set forth below hereby absolutely in Section 2) that you have or may have against the Company, Astellas Pharma Inc. (“Parent”) and unconditionally release all of their respective current and forever discharge Xxxxx Fargoformer officers, employees, attorneys, contractors, pension and welfare plans (and their insurers, plan and claim administrators, fiduciaries, trustees, and any and all participantsservice providers), parent corporationssubsidiaries, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officersaffiliates, agents, attorneyssuccessors, and employees assigns (“Released Parties”), including, but not limited to, all claims (whether statutory, equitable, or common law) that you have or may have arising out of your employment with the Company and/or Parent or any of their respective subsidiaries or affiliates. You acknowledge and agree that this release includes all claims which you do not know or suspect to exist in your favor against any of the foregoing, from any and all claims, demands or causes Released Parties as of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendmentyour signature below, whether such claims, demands and causes of action that it is intended to and will release those claims in full. b. You acknowledge and agree that you are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under familiar with Section 1542 of the Civil Code of the State of CaliforniaCalifornia (“Section 1542”), which providesprovides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MIGHT HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties DEBTOR OR RELEASED PARTY. You hereby waive and relinquish any rights and benefits that you may have under Section 1542 or any similar statute or common law principle of any jurisdiction with respect to the release of claims (other than as set forth in Section 2). You acknowledge that each you may hereafter discover facts different from or in addition to or different from those that you now known know or believed believe to be true with respect to such claimsthe subject matter of this release, demandsbut it is your intention to fully and finally and forever settle and release any and all claims (other than as set forth in Section 2) that do now exist, may exist or causes heretofore have existed with respect to the subject matter of action and agree that this instrument release. In furtherance of this intention, the release contained herein shall be and remain effective in all respects effect as full and complete releases notwithstanding the discovery or existence of any such differences additional or additional different facts.

Release. (a) Transferor hereby releases and discharges Transferee, BRM LLC, a New Jersey limited liability company, and the Company and the Guarantor signing the Acknowledgment their respective past, present and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargofuture subsidiaries, and any and all participantsdirectors, parent corporationsofficers, subsidiary corporationspartners, affiliated corporationsshareholders, insurersmembers, indemnitorsmanagers, affiliates, employees, beneficiaries, agents, representatives, predecessors, successors and assigns thereof(collectively, together with all “Transferee Releasees”) from any claims, liabilities, obligations, causes of action, suits, debts, accounts, reckonings, contracts, agreements, promises, covenants, damages, costs (including costs of suit and attorneys’ fees and expenses) and demands (collectively, “Claims”) of whatever nature, character, type or description, whether contingent, known or unknown, liquidated or unliquidated, at law or in equity, which Transferor or its affiliates now has, has ever had or may hereafter claim to have against the Transferee Releasees, provided that such release and discharge is specifically limited to only those Claims that are on account of, relating to or arising from or under the Company, the Transferred Interests or the Mill Run Operating Agreement. In amplification, and not in limitation, of the foregoing, BRM LLC and the Company are hereby released by Transferor from, among other things, any obligation or liability to make any further distributions to Transferor. The release herein given shall be and remain in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different claims or facts. (b) Transferee and the Company hereby release and discharge Transferor and its respective past, present and former future subsidiaries, directors, officers, partners, shareholders, members, managers, affiliates, employees, beneficiaries, agents, attorneyspredecessors, representatives, successors and assigns (collectively, “Transferor Releasees”) from any Claims, of whatever nature, character, type or description, whether contingent, known or unknown, liquidated or unliquidated, at law or in equity, which Transferee or the Company now has, has ever had or may hereafter claim to have against the Transferor Releasees, provided that such release and discharge is specifically limited to only those Claims that are on account of, relating to or arising from or under the Company, the Transferred Interests or the Mill Run Operating Agreement. In amplification, and employees of any not in limitation, of the foregoing, from Transferor is hereby released by Transferee and the Company from, among other things, any and obligation or liability to make any capital contributions to the Company or to return to the Company all claims, demands or causes of action any portion of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has distributions previously made claim to have against any such person for or it by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownCompany. It is the intention of the Company and Guarantor in executing this The release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument herein given shall be and remain effective in effect as a full and complete release notwithstanding the discovery or existence of any such additional or different claims or facts. (c) Notwithstanding anything in this Section 3 to the contrary, in no event shall either Transferor or Transferee or their respective affiliates, be deemed to release, discharge or waive, pursuant to this Section 3 or any other provision of this Agreement, any Claim against the other party (or its affiliates) that is not on account of, relating to or arising from or under the Company, the Transferred Interests or the Mill Run Operating Agreement (“Unrelated Claims”), and all such Unrelated Claims are hereby fully preserved and reserved in all respects notwithstanding respects, and all such Unrelated Claims remain in full force and effect. In amplification, and not in limitation, of the foregoing, all rights, remedies, covenants and obligations of the parties under this Agreement and under the documents and agreements attached as Exhibit A, Exhibit B and Exhibit C hereto (i) are hereby deemed to be Unrelated Claims, (ii) are not modified in any such differences or additional factsmanner by the release provisions set forth in this Section 3, and (iii) remain in full force and effect.

Release. Company Borrower represents and warrants that Borrower has no claims, counterclaims, defenses, or offsets with respect to the Guarantor signing enforcement by Lender against Borrower of the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release Loan or the Loan Documents. Borrower further fully, finally and forever discharge Xxxxx Fargoreleases and discharges Lender and its respective successors, and any and all participantsassigns, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, employees, agents, attorneys, and employees of any of the foregoing, representatives from any and all actions, causes of action, claims, demands debts, demands, liabilities, obligations, and suits, of whatever kind or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now that it has or has made claim in the future may have, whether known or unknown, with respect to have against any the Loan and the Loan Documents or the actions or omissions of Lender in respect thereof to the extent such person for claims, counterclaims, defenses or by reason of any act, omission, matter, cause or thing whatsoever arising offsets arose from the beginning of time events occurring prior to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownAgreement. It is the intention of the Company and Guarantor in executing this release Borrower that the same above release shall be effective as a bar to full and final release of each and every claim, demand matter specifically and cause generally referred to in this paragraph. Borrower acknowledges and represents that it has been advised by independent legal counsel with respect to the agreements contained herein and with respect to the provisions of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaSection 1542, which providesprovides 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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each Borrower, being aware of said code section, expressly waives any and all rights it may hereafter discover facts different from have thereunder, as well as under any other statute or in addition to those now known or believed to be true common law principle of similar effect, with respect to any of the matters released herein. The Agreement shall act as a release of all included claims, rights and causes of action, whether such claims are currently known, unknown, foreseen or unforeseen and regardless of any present lack of knowledge as to such claims. Borrower understands and acknowledges the significance and consequence of this waiver of California Civil Code Section 1542, demandsand hereby assumes full responsibility for any injuries, damages, losses or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsliabilities released herein.

Release. Company and The Borrower, the Guarantor by signing the Acknowledgment and Agreement of Guarantor set forth below below, and the Subordinated Creditors by signing the Acknowledgment and Agreement of Subordinated Creditors set forth below, hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges the Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company the Borrower, the Guarantor or Guarantor each Subordinated Creditor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company Borrower, the Guarantor and Guarantor each Subordinated Creditor in executing providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified specified, and in furtherance of this intention the Company and Guarantor each it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.”

Release. Each Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release releases and forever discharge discharges Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which such Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the each Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and each of the Guarantor Persons signing the Acknowledgment Acknowledgement and Agreement of Guarantor Guarantors and Pledgors (such Persons, the “Guarantors”) set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or descriptiondescription relating to the Credit Agreement, other Loan Documents, or related transactions, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or any Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor the Guarantors in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and each Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Each of the Principal Companies and the Guarantor signing Subsidiary Guarantors may have certain Claims against the Acknowledgment Released Parties, as those terms are defined below, regarding or relating to the Credit Agreement or the other Loan Documents. The Agent, the Lenders, the Principal Companies and Agreement the Subsidiary Guarantors desire to resolve each and every one of Guarantor such Claims in conjunction with the execution of this Amendment and thus each of the Principal Companies and the Subsidiary Guarantors makes the releases contained in this Section 5. In consideration of the Agent and the Lenders entering into this Amendment and agreeing to substantial concessions as set forth below herein, each of the Principal Companies and the Subsidiary Guarantors hereby absolutely fully and unconditionally release releases and forever discharge Xxxxx Fargodischarges each of the Agent and the Lenders, and any and all participantstheir respective directors, parent corporationsofficers, subsidiary corporationsemployees, affiliated corporationssubsidiaries, insurersbranches, indemnitorsaffiliates, attorneys, agents, representatives, successors and assigns thereofand all persons, together with all of the present firms, corporations and former directors, officers, agents, attorneys, and employees of organizations acting on any of their behalves (collectively, the foregoing“Released Parties”), of and from any and all claims, demands or allegations, causes of action action, costs or demands and liabilities, of any kindwhatever kind or nature, nature or descriptionfrom the beginning of the world to the date on which this Amendment is executed, whether arising in law known or equity unknown, liquidated or upon contract unliquidated, fixed or tort contingent, asserted or under any state unasserted, foreseen or federal law unforeseen, matured or otherwiseunmatured, suspected or unsuspected, anticipated or unanticipated, which Company or Guarantor has the Principal Companies and the Subsidiary Guarantors has, had, now has claims to have had or has made claim hereafter claims to have against any such person for or the Released Parties by reason of any actact or omission on the part of the Released Parties, omissionor any of them, matteroccurring prior to the date on which this Amendment is executed, cause including all such loss or thing whatsoever arising from damage of any kind heretofore sustained or that may arise as a consequence of the beginning of time dealings among the parties up to and including the date of on which this AmendmentAmendment is executed, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is but in any case only to the intention extent arising out of the Company administration or enforcement of the Loans, the Obligations, the Credit Agreement or any of the Loan Documents (collectively, all of the foregoing, the “Claims”). Each of the Principal Companies and Guarantor in executing this release the Subsidiary Guarantors represents and warrants that it has no knowledge of any claim by it against the Released Parties or of any facts or acts of omissions of the Released Parties which on the date hereof would be the basis of a claim by the Principal Companies and the Subsidiary Guarantors against the Released Parties which is not released hereby. Each of the Principal Companies and the Subsidiary Guarantors represents and warrants that the same shall be effective as foregoing constitutes a bar to each full and every claim, demand and cause complete release of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORClaims.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In consideration of the benefits provided to each of Agri-Energy and the Guarantor signing the Acknowledgment Gevo under this Amendment, each of Agri-Energy and Agreement Gevo hereby agrees as follows: (a) Agri-Energy and Gevo, for themselves and on behalf of Guarantor set forth below their respective successors and assigns, do hereby absolutely and unconditionally release release, acquit and forever discharge Xxxxx FargoTriplePoint, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the past or present and former directors, officers, agentsdirectors, attorneys, affiliates, employees and employees agents of any TriplePoint, and each of the foregoingtheir respective successors and assigns, from any and all claims, demands or demands, obligations, liabilities, causes of action action, offsets, damages, costs or expenses, of any kindevery type, nature kind or descriptionnature, whether arising known or unknown, suspected or unsuspected, liquidated or unliquidated, including any claims that Agri-Energy, Gevo and their respective successors, counsel and advisors may in law or equity or upon contract or the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or under pursuant to any state other theory of liability, that Agri- Energy or federal law or otherwise, which Company or Guarantor has had, Gevo now has or has made claim to have may acquire against any such person for one or by reason more of any actthem, omission, matter, cause arising out of events or thing whatsoever arising from the beginning of time to and including transactions which occurred on or before the date hereof (each a “Released Claim” and collectively, the “Released Claims”), including without limitation, those Released Claims arising out of or connected with the transactions arising under or related to any of the Loan Documents. (b) Each individual signing this Amendment on behalf of Agri-Energy and Gevo acknowledges that he or she has read each of the provisions of this Amendmentsection, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is has had the intention of opportunity to review the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance legal consequences of this intention section with an attorney. Agri-Energy and Gevo acknowledge and agree that they are aware of, familiar with, understand, and expressly waive the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the California Civil Code of Code, and any other similar statute, code, law or regulation to the State of California, which fullest extent it may waive such rights and benefits. Section 1542 provides: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (c) The parties acknowledge provisions, waivers and releases set forth in this Section are binding upon Agri- Energy, Gevo and their respective assigns and successors in interest. The provisions, waivers and releases of this Section shall inure to the benefit of TriplePoint and its agents, employees, officers, directors, assigns and successors in interest. Agri-Energy and Gevo warrant and represent that each may hereafter discover facts different they are the sole and lawful owner of all right, title and interest in and to all of the claims released hereby and they have not heretofore voluntarily, by operation of law or otherwise, assigned or transferred or purported to assign or transfer to any person any such claim or any portion thereof. Each of Agri-Energy and Gevo shall indemnify and hold harmless TriplePoint from and against any claim, demand, damage, debt and liability (including payment of attorneys’ fees and costs actually incurred whether or in addition to those now known not litigation is commenced) based on or believed arising out of any such assignment or transfer. The provisions of this section shall survive the date hereof. Nothing herein is or should be construed to be true with respect to such claims, demands, a release of claims against Agri-Energy or causes Gevo or a satisfaction of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsindebtedness.

Release. Company In consideration of the severance benefits offered to me by MeadWestvaco Corporation (the “Company”) under the Employment Agreement dated as of January 29, 2004, (the “Agreement”) and other consideration, I on behalf of myself, and on behalf of my heirs, administrators, representatives, successors, and assigns (the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below “Releasors”), hereby absolutely and unconditionally release acquit and forever discharge Xxxxx Fargothe Company, all of its past, present and any future subsidiaries and affiliates and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former their respective directors, officers, employees, agents, attorneystrustees, partners, shareholders, consultants, independent contractors and representatives, all of their respective heirs, successors, and employees of any of assigns and all persons acting by, through, under or in concert with them (the foregoing, “Releasees”) from any and all claims, demands or charges, complaints, obligations, promises, agreements, controversies, damages, remedies, demands, actions, causes of action action, suits, rights, costs, debts, expenses and liabilities that the Releasors might otherwise have asserted arising out of my employment with the Company and its subsidiaries and affiliates, including the termination of that employment. However, the Releasors are not releasing any kindrights under (i) any qualified employee retirement plan, nature (ii) any claim for compensation and benefits to be provided to me under the Agreement, (ii) any claim for vested benefits or descriptionbenefits that I am otherwise entitled to receive under any plan, whether arising policy, practice or program of or any contract or agreement with the Company or any of the Affiliated Companies at or subsequent to the Date of Termination, (iii) any claim related to my indemnification as an officer, director and employee of the Affiliated Companies under the Company’s Certificate of Incorporation or By-Laws, or (iv) any rights or claims that may arise after the date on which I sign this release (the “Release”). Those rights shall survive unaffected by this Release. I understand that, as a consequence of my signing this Release, I am giving up, any and all rights I might otherwise have with respect to my employment and the termination of that employment including but not limited to rights under (1) the Age Discrimination in law Employment Act of 1967, as amended; (2) any and all other federal, state, or equity municipal laws prohibiting discrimination in employment on the basis of sex, race, national origin, religion, age, handicap, or upon other invidious factor, or retaliation; and (3) any and all theories of contract or tort law related to my employment or under any state or federal termination thereof, whether based on common law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties I acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.that:

Release. Company To the extent permitted by applicable law, each Borrower and the each Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges each member of the Lender Group, each of their respective Affiliates, and any and all participantseach of their respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysemployees, and employees of any of agents (collectively, the foregoing"Released Parties"), from any and all claims, demands or demands, obligations, liabilities, causes of action action, damages, losses, costs and expenses of any kindkind or character, nature known or descriptionunknown, whether arising in law past or equity present, liquidated or upon contract unliquidated, suspected or tort or under any state or federal law or otherwiseunsuspected, which Company any Borrower or any Guarantor has ever had, now has or has made claim to might hereafter have against any such person for Released Party which relates, directly or by reason indirectly, to the Loan Agreement or any other Loan Document, or to any acts or omissions of any actsuch Release with respect to the Loan Agreement or any other Loan Document, omission, matter, cause or thing whatsoever arising from to the beginning of time to and including lender-borrower relationship evidenced by the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownLoan Documents. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar As to each and every claimclaim released hereunder, demand each Borrower and cause each Guarantor hereby represents that it has received the advice of action specified legal counsel with regard to the releases contained herein, and in furtherance having been so advised, each Borrower specifically waives, to the extent permitted by applicable law, the benefit of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the Civil Code of the State of California, California which providesprovides as follows: “"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A 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 MIGHT HIM, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that " As to each may hereafter discover facts different from and every claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or in addition state law, if any, pertaining to those now known or believed to be true general releases after having been advised by its legal counsel with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthereto.

Release. The Separation Benefits will only be due and payable if, within twenty-one days of the Separation Date, You deliver to the Company and do not revoke the Guarantor signing executed general release of claims in the Acknowledgment form attached on Exhibit A hereto (the “Release”). Contingent upon Your execution and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all non-revocation of the present Release: (A) the Company, on its own behalf and former directorson behalf of parents, subsidiaries, officers, shareholders, partners, members, individual employees, agents, representatives, directors, employees, attorneys, successors, and employees of any of anyone acting on its behalf in their capacity as such (collectively, the foregoing“Company Releasors”), hereby releases You from any all claims and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any actinjuries and/or damages or losses, omissionknown or unknown, matterforeseen or unforeseen, cause patent or thing whatsoever latent which the Company Releasors have sustained or which may be sustained as a result of any facts and circumstances arising from out of or in any way related to Your employment by the beginning of time Company, and to any other disputes, claims, disagreements, or controversies between You and the Company up to and including the date this Agreement is signed by the Company; provided that the Company Releasors are not releasing claims related to (i) fraud embezzlement or criminal misconduct by You, (ii) material breaches of this AmendmentYour fiduciary duties to the Company, whether or (iii) material claims that cause material damage to the Company Releasors of which the Company’s Board of Directors (the “Board”) is unaware on the date hereof and (B) the Company will direct its current members of the Board and executive officers to not disparage or speak ill of You; provided that nothing herein shall prohibit or limit such claims, demands and causes of action are matured persons from providing truthful statements or unmatured information required by law or known or unknownin response to requests from regulatory agencies. It is the intention of the Company and Guarantor in executing that this Release is a general release that the same which shall be effective as a bar to each and every claim, demand and demand, or cause of action specified it releases. The Company recognizes that the Company may have some claim, demand, or cause of action against You of which the Company is totally unaware and in furtherance unsuspecting which the Company is giving up by execution of this Release. It is the intention of the Company and Guarantor in executing this Release that, to the extent set forth herein, it will deprive the Company of each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiasuch claim, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from demand or in addition to those now known or believed to be true with respect to such claims, demands, or causes cause of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsprevent the Company from asserting it against the released parties.

Release. Company In consideration for the accommodations provided pursuant to this Amendment, and acknowledging that the Administrative Agent and Lenders will be specifically relying on the following provisions as a material inducement in entering into this Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, each Borrower Party hereby releases, remises and forever discharges the Administrative Agent and the Guarantor signing the Acknowledgment Lenders and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargotheir respective agents, and any and all participantsservants, parent corporationsemployees, subsidiary corporationsdirectors, affiliated corporationsofficers, insurersattorneys, indemnitorsaccountants, consultants, affiliates, representatives, receivers, trustees, subsidiaries, predecessors, successors and assigns thereof(collectively, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, “Released Parties”) from any and all claims, demands or causes of action of any kinddamages, nature or descriptionlosses, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisedemands, which Company or Guarantor has hadliabilities, now has or has made claim to have against any such person for or by reason of any actobligations, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands actions and causes of action are matured whatsoever (whether arising in contract or unmatured in tort, and whether at law or in equity), whether known or unknown. It is , matured or contingent, liquidated or unliquidated, in any way arising from, in connection with, or in any way concerning or relating to the intention Credit Agreement, the other Loan Documents, and/or any dealings with any of the Company and Guarantor Released Parties in executing connection with the transactions contemplated by such documents or this Amendment prior to date hereof. This release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects full force and effect notwithstanding the discovery by the Borrower Parties after the date hereof (a) of any such differences new or additional factsclaim against any Released Party, (b) of any new or additional facts in any way relating to the subject matter of this release, (c) that any fact relied upon by it was incorrect or (d) that any representation made by any Released Party was untrue or that any Released Party concealed any fact, circumstance or claim relevant to the Borrower Parties’ execution of this release; provided, however, this release shall not extend to any claims arising after the execution of this Amendment.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Borrower hereby absolutely and unconditionally release releases, remises, acquits and forever discharge Xxxxx Fargodischarges Lender and its employees, agents, representatives, consultants, attorneys, fiduciaries, officers, directors, partners, predecessors, successors and any and all participantsassigns, subsidiary corporations, parent corporations, subsidiary corporationsand related corporate divisions (collectively, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing“Released Parties”), from any and all actions and causes of action, judgments, executions, suits, debts, claims, demands or causes of action demands, liabilities, obligations, damages and expenses of any kindand every character, nature known or descriptionunknown, whether arising in direct and/or indirect, at law or equity in equity, of whatsoever kind or upon contract or tort or under any state or federal law or otherwisenature, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason because of any actmatter or things done, omission, matter, cause omitted or thing whatsoever arising from suffered to be done by any of the beginning of time Released Parties prior to and including the date of delivery hereof, and in any way directly or indirectly arising out of or in any way connected to the Credit Agreement (collectively, the “Released Matters”). Borrower acknowledges that the agreements in this AmendmentSection are intended to be in full satisfaction of all or any alleged injuries or damages arising in connection with the Released Matters. Without limiting the generality of the foregoing, whether such claimsBorrower hereby waives the provisions of any statute that prevents a general release from extending to claims unknown by the releasing party, demands including Section 1542 of the California Civil Code which provides: 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. By entering into this release, Borrower recognizes that no facts or representations are ever absolutely certain and causes of action are matured Borrower may hereafter discover facts in addition to or unmatured different from those which Borrower presently knows or known or unknown. It believes to be true, but that it is the intention of the Company Borrower to hereby fully, finally and Guarantor forever settle and release all matters, disputes and differences, known or unknown, suspected or unsuspected; accordingly, if Borrower should subsequently discover that any fact that Borrower relied upon in executing delivering this release was untrue, or that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 any understanding of the Civil Code facts was incorrect, Borrower shall not be entitled to set aside this release by reason thereof, regardless of the State any claim of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge mistake of fact or law or any other circumstances whatsoever. Borrower acknowledges that each may hereafter discover facts different from Borrower is not relying upon and has not relied upon any representation or in addition to those now known or believed to be true statement made by Lender with respect to such claimsthe facts underlying this release or with regard to Borrower’s rights or asserted rights. This release may be pleaded as a full and complete defense and/ or as a cross-complaint or counterclaim against any action, demandssuit, or causes other proceeding that may be instituted, prosecuted or attempted in breach of action this release. Borrower acknowledges that the release contained herein constitutes a material inducement to Lender to enter into this Amendment and agree that this instrument shall be Lender would not have done so but for Lender’s expectation that such release is valid and remain effective enforceable in all respects notwithstanding any such differences or additional factsevents.

Release. Company Each of Existing Borrower and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below New Borrower hereby absolutely and unconditionally release remises, releases, acquits, satisfies and forever discharge Xxxxx Fargodischarges the Lenders and Collateral Agent, and any and all participantstheir agents, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsemployees, officers, agentsdirectors, attorneyspredecessors, attorneys and employees all others acting or purporting to act on behalf of any or at the direction of the foregoingLenders and Collateral Agent (“Releasees”), of and from any and all claimsmanner of actions, demands or causes of action of any kindaction, nature or descriptionsuit, whether arising debts, accounts, covenants, contracts, controversies, agreements, variances, damages, judgments, claims and demands whatsoever, in law or equity or upon contract or tort or under any state or federal law or otherwisein equity, which Company or Guarantor has any of such parties ever had, now has or, to the extent arising from or has made claim in connection with any act, omission or state of facts taken or existing on or prior to the date hereof, may have after the date hereof against any such person for the Releasees, for, upon or by reason of any act, omission, matter, cause or thing whatsoever relating to or arising from out of the beginning Loan Agreement or the other Loan Documents on or prior to the date hereof and through the date hereof. Without limiting the generality of time the foregoing, each of Existing Borrower and New Borrower waives and affirmatively agrees not to and allege or otherwise pursue any defenses, affirmative defenses, counterclaims, claims, causes of action, setoffs or other rights they do, shall or may have as of the date hereof, including the date rights to contest: (a) the right of Collateral Agent and each Lender to exercise its rights and remedies described in the Loan Documents; (b) any provision of this Amendment, whether such claims, demands and causes of action are matured Amendment or unmatured the Loan Documents; or known or unknown. It is the intention (c) any conduct of the Company and Guarantor in executing this release that the same shall be effective as a bar Lenders or other Releasees relating to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 or arising out of the Civil Code of Loan Agreement or the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORother Loan Documents on or prior to the date hereof.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the (a) Each Borrower, each Guarantor signing the Acknowledgment and Agreement of Guarantor Guarantors set forth below below, and each Creditor signing the Acknowledgment and Agreement of Creditors set forth below, hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company such Borrower, such Guarantor, or Guarantor such Creditor, has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It Each Borrower, each Guarantor signing the Acknowledgment and Agreement of Guarantors set forth below, and each Creditor signing the Acknowledgment and Agreement of Creditors set forth below, certifies that it has read the following provisions of California Civil Code Section 1542: 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. (b) Each Borrower, each Guarantor signing the Acknowledgment and Agreement of Guarantors set forth below, and each Creditor signing the Acknowledgment and Agreement of Creditors set forth below, understands and acknowledges that the significance and consequence of this waiver of California Civil Code Section 1542 is that even if it should eventually suffer additional damages arising out of the facts referred to above, it will not be able to make any claim for those damages. Furthermore, each Borrower, each Guarantor signing the Acknowledgment and Agreement of Guarantors set forth below, and each Creditor signing the Acknowledgment and Agreement of Creditors set forth below, acknowledges that it intends these consequences even as to claims for damages that may exist as of the date of this release but which it does not know exist, and which, if known, would materially affect its decision to execute this Agreement, regardless of whether its lack of knowledge is the intention result of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimignorance, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiaoversight, which provides: “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 RELEASEerror, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demandsnegligence, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsother cause.

Release. Company In exchange for the payments and the Guarantor signing the Acknowledgment benefits to Employee described in this Agreement, as well as any and Agreement of Guarantor set forth below hereby absolutely all other mutual promises made in this Agreement, Employee, and unconditionally his/her personal or legal representatives, executors, administrators, successors, heirs, distributees, devisees, legatees, and assigns agree to release and forever discharge Xxxxx Fargothe Corporation, the Company, the Group and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorseach Group Member their employees, officers, directors, agents, attorneys, successors and employees of any of the foregoingassigns, from any and all claims, demands or suits and/or causes of action that grow out of or are in any way related to, his/her recruitment to or his/her employment with any group Member, except Employee does not release and discharge the Corporation or any other Group Member for any claim that the Corporation or any Group Member has breached this Agreement. This release includes, but is not limited to, any claims that the Corporation, the Company or any Group Member violated the Employee Retirement and Income Security Act, the Age Discrimination in Employment Act, the Older Worker's Benefit Protection Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act, any law prohibiting discrimination, harassment, or retaliation in employment, any claim of promissory estoppel or detrimental reliance, defamation, intentional infliction of emotional distress, the public policy of any kindstate, nature or descriptionany federal, whether arising state, or local law. Employee agrees, upon receipt of the payment provided under this Agreement, to reaffirm and execute this release in law writing. If Employee fails to reaffirm and execute this release within 30 days of the Date of Termination, Employee agrees that the payments otherwise due under this Agreement will not be due or equity payable. Specifically, Employee agrees that a necessary condition for the payment of any of the amounts described in this Agreement (except termination because of death) is Employee's reaffirmation of this release within 30 days of the Date of Termination. Employee agrees that the Employee is knowledgeable about the claims that might arise in the course of employment with the Employer and all Group Members, and that the Employee knowingly agrees that the payments provided for in this Agreement are satisfactory consideration for the release of such possible claims. Employee is advised to consult with an attorney before signing this Agreement. Employee agrees that given 21 days has been given in which to consider this release. Employee may revoke his/her consent to this Agreement by delivering a written notice (which may be given only by certified or upon contract registered letter deposited with the U. S. Postal Service, postage paid) of such revocation within seven days of signing this Agreement. Should Employee revoke this Agreement, it shall become null and void and Employee must return any amount received under it. No provision of this Agreement may be modified or tort waived except in a document signed by the Parties. This Agreement constitutes the entire agreement between the parties regarding to the subject matter of this agreement, and any other agreements relating to the subject of this agreement are terminated and of no further force or under any state legal effect. No agreements or federal law representations, oral or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, the subject matter of this agreement have been made or causes of action and agree that relied upon by either party which are not set forth expressly in this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsAgreement.

Release. Company This agreement is a settlement and release of all claims and damages asserted by Plaintiffs in their individual and class representative capacities against the Missoula County High School District, the Whitehall High School District, and the Guarantor signing the Acknowledgment Columbia Falls School District, OPI, and Agreement of Guarantor MHSA. Although Plaintiffs have asserted a claim for monetary damages, this settlement agreement offers in exchange for a dismissal as set forth below hereafter, no payment of compensation, or any promise to make any payment for any damages, claimed or allegedly suffered by any of the Plaintiffs. The consideration for the release hereafter set forth in this agreement is the actions and decisions of the parties set forth herein, which all parties recognize must be carried forward in good faith; that the present agreement will become a part of a judgment or dismissal of this action and enforceable through the exercise of appropriate legal and equity powers of the United States District Court in the event of its breach; and that future sex equity issues may be referred to either or both the grievance procedure of OPI and the eligibility determination of MHSA, and, thereafter, court review as appropriate, or may be resolved through exercise of other available legal or equitable remedies. Plaintiffs, in their individual and class representative capacities, do hereby absolutely release, acquit, and unconditionally release discharge, and by these presents do release, acquit, and forever discharge Xxxxx Fargodischarge, Missoula County High School District, Whitehall High School District, Columbia Falls High School District, MHSA, and OPI, of and from any and all participantsliability, parent corporationscauses of action, subsidiary corporationscosts, affiliated corporationscharges, insurersclaims or demands, indemnitorsof whatever name or nature, successors and assigns thereof, together with all in any manner arising out of or growing out of the present above- described litigation, except as otherwise more fully set forth in the terms and former directorscontext of this release. Plaintiffs have executed this agreement for themselves, officersin their individual and representative capacities, agentsupon advice of counsel, attorneysreleasing any and all claims they have or may have; and the execution of this instrument is made in reliance upon the advice of their counsel and not upon the advice of any representative, and employees attorney, or other agent acting for or on behalf of any of the foregoingother parties hereby released. In making this release and agreement, from any it is understood that Plaintiffs, in their individual and representative capacities, do rely upon their own judgement, belief, and knowledge of the nature, extent, and duration of the injuries and damages claimed to have been suffered. Plaintiffs further acknowledge that this is a complete release of all claims, demands either in tort, in contract, or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwiseat all, which Company or Guarantor has had, now has or has made claim to may have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from existed in the beginning of time to past and including which do not continue after the date of this Amendmentagreement except as hereinafter provided; and that no promise, whether representation, or other assurance has been made by any person with respect to any further or future payment for costs or damages except as hereinafter referred to; and that the agreements hereinafter made by the parties hereby released shall not be construed as an admission of liability on the part of any such claimsparties because said persons and corporations expressly deny such liability. Finally, demands and causes Plaintiffs acknowledge, on advice of action are matured or unmatured or known or unknown. It counsel, that this agreement is the intention entire, sole, and only agreement pertaining to the subject and things referred to herein and there are no other independent, collateral, or additional agreements or obligations to be performed or things to be done except as set forth and described by the terms of this agreement. This agreement is not to be construed as any confession by any of the Company litigation Defendants or admission by OPI that OPI has direct and Guarantor in executing this release specific jurisdiction over extracurricular athletic activities except as otherwise provided herein; that the same shall be effective as acceptance of federal monies by a bar school district subjects the school district to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 federal or state regulation or control over any aspects of the Civil Code of educational program offered by the school district which does not receive direct federal funds; that the State of CaliforniaMontana or OPI has any control, directly or indirectly, over MHSA; that MHSA is a state agency or subject to any portion of the Montana Administrative Procedure Act, 2-4-1-1 et seq., MCA; or that any Plaintiff has ever experienced an act or omission which constituted sex discrimination of any form or nature while such Plaintiffs were enrolled students of the individual school districts names as parties herein, regardless of whether the discrimination is alleged to have resulted as a consequence of acts or omissions of the school district, OPI, MHSA, jointly, individually, or at all. The parties agree that the litigation filed shall contemporaneously be dismissed without prejudice pursuant to a stipulation between the parties and an order of the United States District Court incorporating this agreement as an exhibit to the underlying stipulation for dismissal, which provides: “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 RELEASEagreement the parties stipulate may be enforced, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The in the event of breach, as though the agreement were a final judgment of the United States District Court, so that in the event one or more of the parties acknowledge hereafter concludes that each may hereafter discover facts different from other parties to this agreement are not performing acts required by this agreement or are performing acts prohibited by this agreement, that the equity powers of the United States District Court can be utilized, in conjunction with or in addition to those now known any and all other remedies created or believed existing either pursuant to be true with respect this agreement or pursuant to such claims, demands, applicable state or causes of action and federal law. The parties further agree that the court shall retain continuing jurisdiction to enforce this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factssettlement agreement even though the Complaint is being dismissed.

Release. By its execution of this Limited Guaranty, the Company hereby covenants and agrees that (i) neither the Company nor any Company Related Party has or shall have any right of recovery against Limited Guarantor signing or any Parent Related Party (other than Parent and MergerSub) under the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoMerger Agreement, or the transactions contemplated thereby or otherwise relating thereto, and to the extent that it has or obtains any such right it, to the maximum extent permitted by Applicable Law, hereby waives (on its own behalf and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all on behalf of each of the present aforementioned persons) each and former directors, officers, agents, attorneysevery such right against, and employees of hereby releases, Limited Guarantor and each Parent Related Party (other than Parent and MergerSub) from and with respect to any claim, known or unknown, now existing or hereafter arising, in connection with any transaction contemplated by or otherwise relating to the Merger Agreement or the transactions contemplated thereby or hereby, whether by or through attempted piercing of the foregoingcorporate (limited partnership or limited liability company) veil, from by or through a claim by or on behalf of Parent, MergerSub or any other person against any Parent Related Party (other than Parent and all claims, demands MergerSub) or causes otherwise under any theory of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or (the “Released Claims”), other than Non-Prohibited Claims and claims against Parent and MergerSub under any state or federal law or otherwisethe Merger Agreement, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from shall be the beginning of time to sole and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention exclusive remedy of the Company and any Company Related Party against Limited Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true and/or any other Parent Related Party with respect to such claimsthe Released Claims. The Company hereby covenants and agrees that it shall not institute, demandsdirectly or indirectly, and shall cause its Company Related Parties not to institute, any proceeding or bring any other claim arising under, or causes in connection with, the Merger Agreement or the transactions contemplated thereby or hereby or otherwise relating hereto, against any Parent Related Party, except claims against Limited Guarantor under this Limited Guaranty (subject to the limitations contained herein) and claims for specific performance of action the Limited Guarantor under the Equity Commitment Letter solely in Limited Guarantor’s capacity as a party to the Equity Commitment Letter (subject to the terms and agree that this instrument shall be and remain effective conditions set forth therein and/or in all respects notwithstanding any such differences or additional factsthe Merger Agreement).

Release. Company (a) The Borrower and each Guarantor hereby unconditionally and irrevocably remises, acquits, and fully and forever releases and discharges the Administrative Agent and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any Lenders and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors respective affiliates and assigns thereof, together with all subsidiaries of the present Administrative Agent and former directorsthe Lenders, their respective officers, servants, employees, agents, attorneys, financial advisors, principals, directors and employees of any of shareholders, and their respective heirs, legal representatives, successors and assigns (collectively, the foregoing, "Released Lender --------------- Parties") from any and all claims, demands or demands, causes of action action, obligations, ------- remedies, suits, damages and liabilities (collectively, the "Borrower -------- Claims") of any kind, nature or descriptionwhatsoever, whether now known, suspected or claimed, ------ whether arising under common law, in law or equity or upon contract or tort or under any state or federal law or otherwisestatute, which Company the Borrower or any Guarantor has had, ever had or now has against the Released Lender Parties which may have arisen at any time on or has made claim prior to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands Amendment and causes of action are matured or unmatured or known or unknown. It is the intention which were in any manner related to any of the Company Loan Documents or the enforcement or attempted enforcement by the Administrative Agent or the Lenders of rights, remedies or recourses related thereto. (b) The Borrower and each Guarantor covenants and agrees never to commence, voluntarily aid in executing this release that any way, prosecute or cause to be commenced or prosecuted against any of the same shall be effective as a bar Released Lender Parties any action or other proceeding based upon any of the Borrower Claims which may have arisen at any time on or prior to each and every claim, demand and cause of action specified and in furtherance the date of this intention the Company Amendment and Guarantor each waives and relinquishes all rights and benefits under Section 1542 were in any manner related to any of the Civil Code Loan Documents. (c) The agreements of the State Borrower and each Guarantor set forth in this Section 6 shall survive termination of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORthis Amendment and the other --------- Loan Documents.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below I, Xxxxxxxxxxx Xxxxx, do hereby absolutely and unconditionally release and forever discharge Xxxxx FargoHealthier Choices Management Corp. and each of its parent companies, and any and all participantssubsidiaries, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all each of the present respective direct and former directors, officers, agents, attorneys, and employees indirect equity owners of any of the foregoing, each of the respective Affiliates of any of the foregoing, and each of the respective officers, directors, members, managers, partners, equity owners, employees, representatives and agents of any of the foregoing (collectively, the “Employer Affiliates”, and each an “Employer Affiliate”) from any and all claims, demands or causes of action of any kind, nature or descriptionliabilities whatsoever, whether arising in law known or equity unknown or upon contract or tort or under any state or federal law or otherwisesuspected to exist by me, which Company I ever had or Guarantor has had, may now has or has made claim to have against any such person for or by reason of any actEmployer Affiliate, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this AmendmentEffective Date (as defined below), whether such including, without limitation, any claims, demands or liabilities in connection with my employment, including wrongful termination, constructive discharge, breach of express or implied contract, unpaid wages, benefits, attorneys’ fees or pursuant to any federal, state, or local employment laws, regulations, or executive orders prohibiting inter alia, age, race, color, sex, national origin, religion, handicap, veteran status, and causes disability discrimination, including, without limitation, the Age Discrimination in Employment Act, Title VII of action are matured the Civil Rights Act of 1964, as amended by the Civil Rights Act of 1991, the Civil Rights Act of 1866, the Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act of 1990, and any similar state statute or unmatured any state statute relating to employee benefits or known pensions but specifically excluding claims, demands or unknown. It is the intention liabilities related to my ownership of equity in Holdings or for indemnification in connection with my service as a director or officer of the Company and Guarantor in executing this release or any of its Affiliates. I fully understand that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true if any fact with respect to which this Release is executed is found hereafter to be other than or different from the facts believed by me to be true, I expressly accept and assume the risk of such claims, demands, or causes of action possible difference in fact and agree that this instrument the release set forth herein shall be and remain effective notwithstanding such difference in all respects notwithstanding fact. I acknowledge and agree that no consideration other than as provided for by the Amended and Restated Employment Agreement has been or will be paid or furnished by any such differences or additional factsEmployer Affiliate.

Release. (a) The holders of the Notes acknowledge and agree that any Subsidiary Guarantor (any of the foregoing a “Guarantor”) shall be deemed automatically discharged and released from the Note Documents to which it is a party pursuant to the written request of the Company, provided that (i) such Guarantor has been released and discharged, or is being simultaneously released and discharged, as an obligor and guarantor under and in respect of all Debt of the Company under the Bank Facility, the Existing Notes and any Additional Notes and the Guarantor signing Company so certifies to the Acknowledgment and Agreement holders of Guarantor set forth below hereby absolutely and unconditionally the Notes in a certificate which accompanies such request for release and forever discharge, (ii) any such release and discharge Xxxxx Fargoshall be expressly conditioned upon receipt by the holders of the Notes of a written agreement executed by the Guarantor to be released pursuant to which such Guarantor shall agree that if, for any reason whatsoever, it thereafter becomes an obligor or guarantor under and in respect of any Debt of the Company under the Bank Facility, the Existing Notes or any Additional Notes, then such Guarantor shall contemporaneously provide written notice thereof to the holders of the Notes accompanied by a Subsidiary Guaranty of such Guarantor, (iii) at the time of such release and all participantsdischarge, parent corporationsthe Company shall deliver a certificate of a Responsible Officer to the holders of the Notes to the effect that no Default or Event of Default exists and (iv) such Guarantor shall be designated an Unrestricted Subsidiary in accordance and in compliance with the terms of Section 10.8. (b) The Company agrees that it will not, subsidiary corporationsnor will it permit any Subsidiary or Affiliate to, affiliated corporationsdirectly or indirectly, insurerspay or give, indemnitorsor cause to be paid or given, successors and assigns thereofany consideration or remuneration, together whether by way of supplemental or additional interest, fee or otherwise, to any creditor of the Company or of any Guarantor as consideration for or as an inducement to the entering into by any such creditor of any release or discharge of any Guarantor with respect to any liability of such Guarantor as an obligor or guarantor under or in respect of Debt of the Company under the Bank Facility, the Existing Notes or any Additional Notes, unless such consideration or remuneration, in an equivalent proportion to the number of Guarantors to be released hereunder, is concurrently paid, on the same terms, ratably to the holders of all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORNotes then outstanding.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any In consideration of the foregoing, Buyer hereby releases Seller and its direct and indirect members, managers, partners, officers, directors, shareholders, trustors, trustees, beneficiaries, agents, affiliates, employees and successors and assigns from and against any and all complaints, claims, demands or charges, claims for relief, demands, suits, actions and causes of action of any kind, nature or descriptionaction, whether arising in law or equity in equity, which Buyer asserts or upon contract or tort could assert at common law or under any statute, rule, regulation, order or law, whether federal, state or federal law local, on any ground whatsoever, whether or otherwisenot known, which Company suspected, liquidated, contingent or Guarantor has hadmatured, now has or has made claim with respect to have against any such person for or by reason of any act, omissionevent, matter, cause claim, occurrence, damages or thing whatsoever injury (collectively, “Claims”), to the extent arising from out of or in connection with the beginning of time Property. Buyer agrees that there is a risk that subsequent to and including the date execution of this AmendmentAgreement, whether Buyer will suffer losses, damages or injuries which are unknown and unanticipated at the time this Agreement is signed. Buyer hereby assumes such claims, demands risk and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release agrees that the same shall be effective as a bar to each and every claimrelease contained in this Paragraph 11(b) SHALL APPLY TO ALL UNKNOWN OR UNANTICIPATED CLAIMS, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaAS WELL AS THOSE KNOWN AND ANTICIPATED, which providesAND BUYER DOES HEREBY WAIVE ANY AND ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SEC. 1542, WHICH SECTION HAS BEEN DULY EXPLAINED AND READS 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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” ____________ Buyer’s Initials The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed foregoing release shall be effective as of the Effective Date and shall be deemed to be true remade and reaffirmed as of the Contingency Date and as of the Close of Escrow. Notwithstanding anything stated to the contrary in this Agreement, the foregoing release shall not extend to (and shall expressly exclude) claims arising from (i) Seller’s intentional fraud, (ii) Seller’s breach of its express representations, warranties, covenants and obligations (including indemnity obligations) under this Agreement and the documents executed by Seller upon the Close of Escrow or (iii) any third party breach of contract claims (with respect to such claimscontracts to which Seller is a party, demandsbut only to the extent of any obligations and liabilities thereunder that were not expressly assumed by Buyer) or third party tort claims brought against Buyer for personal injury, wrongful death or personal property damage, in each case arising out of events occurring during Seller’s ownership of the Property (provided that, in no event will Seller be required to repair or remediate, or causes pay for the repair or remediation of, physical or environmental conditions on the Property after Close of action and agree that Escrow). The provisions of this instrument Paragraph 11 shall be and remain effective in all respects notwithstanding any such differences or additional factssurvive the Close of Escrow.

Release. Company Subject to those obligations of Hotel Sellers in this Agreement which shall expressly survive the Closing, the SHR Parties and anyone claiming by, through or under the Guarantor signing the Acknowledgment SHR Parties hereby waives its right to recover from and Agreement fully and irrevocably releases Hotel Sellers and each of Guarantor set forth below hereby absolutely their respective Affiliates and unconditionally release and forever discharge Xxxxx Fargoeach of their respective employees, and any and all participantsofficers, parent corporationsdirectors, subsidiary corporationsrepresentatives, affiliated corporationsagents, insurersadvisors, indemnitorsservants, attorneys, affiliates, parent, subsidiaries, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysassigns, and employees of any of all persons, firms, corporations and organizations acting on Hotel Sellers’ behalf (collectively, the foregoing, “Released Parties”) from any and all claims, demands responsibility and/or liability that the SHR Parties may now have or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have hereafter acquire against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimReleased Parties for any costs, demand and loss, liability, damage, expenses, demand, action or cause of action specified arising from or related to (i) the Hotels, (ii) Assumed Liabilities and (iii) all other matters for which Hotel Sellers are indemnified under Section 8.1. This release includes claims of which the SHR Parties are presently unaware or which the SHR Parties do not presently suspect to exist which, if known by the SHR Parties, would materially affect the SHR Parties’ release of the Released Parties. The SHR Parties specifically waive the provision of any statute or principle of law, which provides otherwise. In this connection and to the extent permitted by law, the SHR Parties agree, represent and warrant that the SHR Parties realize and acknowledge that factual matters now unknown to the SHR Parties may have given or may hereafter give rise to causes of action, claims, demands, debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and the SHR Parties further agree, represent and warrant that the waivers and releases herein have been negotiated and agreed upon in furtherance light of this intention that realization and that the Company SHR Parties nevertheless hereby intend to release, discharge and Guarantor acquit Hotel Sellers and each waives of the Released Parties from any such unknown causes of action, claims, demands, debts, controversies, damages, costs, losses and relinquishes all rights and benefits under expenses. The SHR Parties expressly waive (i) the provisions of Section 1542 of the California Civil Code of the State of California, which provides: “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 RELEASEand (ii) all similar provisions or rules of law. The SHR Parties elect to and do assume all risk for such claims heretofore and hereafter arising, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those whether now known or believed to be true with respect to such claimsunknown by the SHR Parties. BY INITIALING BELOW, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.THE SHR PARTIES HEREBY WAIVE THE PROVISIONS OF SECTION 1542 IN CONNECTION WITH THE MATTERS WHICH ARE THE SUBJECT OF THE FOREGOING WAIVERS AND RELEASES:

Release. Company and Each of the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Loan Parties hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has the Loan Parties have had, now has have or has have made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor Loan Parties in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor Loan Parties each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Each Shareholder, on behalf of itself and its Subsidiaries and Affiliates, hereby agrees, effective upon the Guarantor signing Closing and without the Acknowledgment need of any further notice or action, that (a) the Purchaser and Agreement of Guarantor set forth below its Subsidiaries and Affiliates are hereby absolutely and unconditionally release released and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, discharged from any and all claimsLiabilities, demands or causes of action of any kindobligations, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, proceedings, Actions, Contracts, agreements, Debt and Guarantees whatsoever, whether known or causes unknown, suspected or unsuspected, both in law and in equity, that any Shareholder, or any of action their Subsidiaries or Affiliates now have, have ever had or may hereafter have arising contemporaneously with or prior to the Closing Date or on account of or arising out of any Debt or Liability owed by the Company or any of its Subsidiaries to any of the Shareholders or any of their Subsidiaries or any of their Affiliates (collectively, “Claims”), and agree (b) any and all Liens, if any, which any Shareholder or any of its Subsidiaries or Affiliates may have on the assets of the Purchaser or any of its Subsidiaries and Affiliates in respect of the Claims are hereby automatically and irrevocably released; provided, however, that, notwithstanding the foregoing, this release does not cover, and the Shareholders shall not be deemed to release the Purchaser from, any and all Claims the Shareholders may have or be entitled to, under any of the Sale Documents. Each Shareholder, on behalf of itself and its Subsidiaries and Affiliates, hereby represents and warrants to the Purchaser that this instrument neither the Shareholders nor any of their Subsidiaries or Affiliates has Transferred or purported to Transfer to any Person all or any portion of any Claim released by the Shareholders and their Subsidiaries and Affiliates herein. This Section 9.05 shall be not prohibit or in any way restrict the Shareholders’ rights and remain effective in all respects notwithstanding any such differences ability to make a Claim or additional factsdemand for payment directly against the Company or its Subsidiaries of the amounts or claims owed by the Company or its Subsidiaries to the Shareholders.

Release. Company (a) Holdings and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below each other Loan Party hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges the Administrative Agent and the Lenders, and any and all of their respective participants, members, related funds, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoingforegoing (each a “Released Party”), from any and all claims, demands suits, investigations, proceedings, demands, obligations, liabilities, damages, losses, costs, expenses, or causes of action of any kind, nature or description, whether arising based in law law, equity, contract, tort, implied or equity express warranty, strict liability, criminal or upon contract or tort civil statute, common law, or under any state or federal law or otherwise, of any kind or character, known or unknown, past or present, liquidated or unliquidated, suspected or unsuspected, matured or unmatured, known or unknown, in each case, which Company Holdings or Guarantor such other Loan Party has had, now has has, or has made claim to have against any such person Released Party for or by reason of any act, omission, matter, cause or thing whatsoever arising from which relates, directly or indirectly to the beginning Credit Agreement or any other Loan Document, provided, however, that the foregoing shall not effect or otherwise constitute a release of time to and including the date of any duties or obligations set forth in this Amendment, whether such claims, demands and causes of action are matured the Credit Agreement or unmatured or known or unknownthe other Loan Documents. It is the intention of the Company Holdings and Guarantor each other Loan Party in executing providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified specified, and in furtherance of this intention the Company and Guarantor each it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaCalifornia (or any comparable provision of any other applicable law), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A 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 MIGHT HIM, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge Holdings and each other Loan Party acknowledges that each it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Holdings and each other Loan Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (b) Holdings and each other Loan Party, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Released Party above that it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Released Party on the basis of any claim released, remised and discharged by such Person pursuant to the above release. Holdings and each other Loan Party further agrees that it shall not dispute the validity or enforceability of the Credit Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Administrative Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If Holdings or any other Loan Party or any of its successors, assigns or other legal representations violates the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Released Party may sustain as a result of such violation, all reasonable attorneys’ fees and costs incurred by such Released Party as a result of such violation.

Release. Company (a) Each Borrower, and the each Guarantor by signing the Acknowledgment and Agreement of Guarantor Guarantors set forth below below, and each Subordinated Creditor by signing the Acknowledgment and Agreement of Subordinated Creditors set forth below, each hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges the Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company such Borrower or such Guarantor or such Subordinated Creditor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It Each Borrower, and each Guarantor by signing the Acknowledgment and Agreement of Guarantors set forth below, and each Subordinated Creditor by signing the Acknowledgment and Agreement of Subordinated Creditors set forth below, each certifies that it has read the following provisions of California Civil Code Section 1542: 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. (b) Each Borrower, and each Guarantor by signing the Acknowledgment and Agreement of Guarantors set forth below, and each Subordinated Creditor by signing the Acknowledgment and Agreement of Subordinated Creditors set forth below, each understands and acknowledges that the significance and consequence of this waiver of California Civil Code Section 1542 is that even if it should eventually suffer additional damages arising out of the facts referred to above, they will not be able to make any claim for those damages. Furthermore, each Borrower and each Guarantor by signing the Acknowledgment and Agreement of Guarantors set forth below, and each Subordinated Creditor by signing the Acknowledgment and Agreement of Subordinated Creditors set forth below, acknowledges that it intends these consequences even as to claims for damages that may exist as of the date of this release but which it does not know exist, and which, if known, would materially affect its decision to execute this Agreement, regardless of whether its lack of knowledge is the intention result of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimignorance, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiaoversight, which provides: “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 RELEASEerror, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demandsnegligence, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsother cause.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below I, Xxxx X. Xxxxx, do hereby absolutely and unconditionally release and forever discharge Xxxxx FargoHealthier Choices Management Corp. and each of its parent companies, and any and all participantssubsidiaries, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all each of the present respective direct and former directors, officers, agents, attorneys, and employees indirect equity owners of any of the foregoing, each of the respective Affiliates of any of the foregoing, and each of the respective officers, directors, members, managers, partners, equity owners, employees, representatives and agents of any of the foregoing (collectively, the “Employer Affiliates”, and each an “Employer Affiliate”) from any and all claims, demands or causes of action of any kindliabilities whatsoever, nature known or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisesuspected to exist by me, which Company I ever had or Guarantor has had, may now has or has made claim to have against any such person for or by reason of any actEmployer Affiliate, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this AmendmentEffective Date (as defined below), whether such including, without limitation, any claims, demands or liabilities in connection with my employment, including wrongful termination, constructive discharge, breach of express or implied contract, unpaid wages, benefits, attorneys’ fees or pursuant to any federal, state, or local employment laws, regulations, or executive orders prohibiting inter alia, age, race, color, sex, national origin, religion, handicap, veteran status, and causes of action are matured or unmatured or known or unknown. It is disability discrimination, including, without limitation, the intention of the Company and Guarantor Age Discrimination in executing this release that the same shall be effective as a bar to each and every claimEmployment Act, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 Title VII of the Civil Code Rights Act of 1964, as amended by the State Civil Rights Act of California1991, which provides: “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 RELEASEthe Civil Rights Act of 1866, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge Employee Retirement Income Security Act of 1974, the Americans with Disabilities Act of 1990, and any similar state statute or any state statute relating to employee benefits or pensions but specifically excluding claims, demands or liabilities related to my ownership of equity in Holdings or for indemnification in connection with my service as a director or officer of Company or any of its Affiliates. I fully understand that each may hereafter discover facts different from or in addition to those now known or believed to be true if any fact with respect to which this Release is executed is found hereafter to be other than or different from the facts believed by me to be true, I expressly accept and assume the risk of such claims, demands, or causes of action possible difference in fact and agree that this instrument the release set forth herein shall be and remain effective notwithstanding such difference in all respects notwithstanding fact. I acknowledge and agree that no consideration other than as provided for by the Amended and Restated Employment Agreement has been or will be paid or furnished by any such differences or additional factsEmployer Affiliate.

Release. Company From and after the Effective Time, the Stockholder finally and forever releases Purchaser and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoCompany, and any and all participantstheir respective successors, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsassigns, officers, agentsdirectors, attorneysservants, employees and employees all affiliates and Subsidiaries, past and present, of Purchaser and the Company (the “Releasees”) from each and every agreement, commitment, indebtedness, obligation and claim of every nature and kind whatsoever, known or unknown, suspected or unsuspected (each, a “Claim” and collectively, the “Claims”) that (A) Stockholder may have had in the past, may have as of the date hereof or, to the extent arising from or in connection with any act, omission or state of facts taken or existing on or prior to the date hereof, may have after the date hereof against any of the foregoing, from any Releasees and all claims, demands (B) has arisen or causes arises directly out of action Stockholder’s interest as a stockholder of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Company or Guarantor has had, now has or has made claim any of its Subsidiaries; except with respect to have against (i) any such person for or by reason Claims arising under this Agreement, the Merger Agreement and the transactions contemplated hereby and thereby and (ii) any agreement, commitment, indebtedness, obligation and claim of any actevery nature and kind whatsoever, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, suspected or unsuspected claim that has arisen or arises directly from an obligation on behalf of the Company or any of its Subsidiaries to indemnify or hold harmless the Stockholder (all such Claims being the “Released Claims”). It Without limiting the provisions set forth above, the Stockholder acknowledges that it has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Pursuant to this statute, as well as any other statutes or common-law principles, whether of federal or state origin, of similar effect, the Stockholder expressly waives any rights with respect to any of the Released Claims, which the Stockholder may have. In connection with such waivers, the Stockholder acknowledges that it is aware that it may later discover claims presently unknown or unsuspected, or facts in addition to or different from those which it now knows or believes to be true, with respect to the matters released hereby. Nevertheless, it is the intention of the Company Stockholder through this release, fully, finally and Guarantor in executing this forever to settle and release all such claims and/or facts. The parties hereto intend that the same shall provisions regarding the Released Claims be effective construed as a bar to each broadly as possible, and every claimincorporate herein similar federal, demand and cause state or other laws, all of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiawhich, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsthe Released Claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsare similarly waived by the Stockholder.

Release. Company The Borrower and each Guarantor hereby, for itself, its successors, heirs, executors, administrators and assigns (each a “Releasing Party” and collectively, the “Releasing Parties”), releases, acquits and forever discharges the Agent and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoLenders, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former their respective directors, officers, employees, agents, attorneys, affiliates, successors, administrators and employees assigns (“Released Parties”) of any of the foregoing, and from any and all claims, demands or actions, causes of action action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever which any kindReleasing Party might have because of anything done, nature omitted to be done, or description, whether arising allowed to be done by any of the Released Parties and in law any way connected with this Amendment or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason the other Loan Documents as of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of execution of this Amendment, whether such claimsWHETHER KNOWN OR UNKNOWN, demands FORESEEN OR UNFORESEEN, including, without limitation, any specific claim raised by any Releasing Party, any settlement negotiations and causes any damages and the consequences thereof resulting or to result from the events described, referred to or inferred hereinabove (“Released Matters”). Releasing Parties each further agree never to commence, aid or participate in (except to the extent required by order or legal process issued by a court or governmental agency of competent jurisdiction) any legal action are matured or unmatured other proceeding based in whole or known or unknownin part upon the foregoing. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in In furtherance of this intention general release, Releasing Parties each acknowledges and waives the Company and Guarantor each waives and relinquishes all rights and benefits under of California Civil Code Section 1542 (and all similar ordinances and statutory, regulatory, or judicially created laws or rules of the Civil Code of the State of Californiaany other jurisdiction), which provides: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge . Each Releasing Party agrees that each may hereafter discover facts different from or this waiver and release is an essential and material term of this Amendment and that the agreements in addition to those now known or believed this paragraph are intended to be true in full satisfaction of any alleged injuries or damages in connection with respect the Released Matters. Each Releasing Party represents and warrants that it has not purported to such claimsconvey, demandstransfer or assign any right, title or interest in any Released Matter to any other person or entity and that the foregoing constitutes a full and complete release of the Released Matters. Each Releasing Party also understands that this release shall apply to all unknown or unanticipated results of the transactions and occurrences described above, as well as those known and anticipated. Each Releasing Party has consulted with legal counsel prior to signing this release, or causes had an opportunity to obtain such counsel and knowingly chose not to do so, and executes such release voluntarily, with the intention of action fully and agree that this instrument shall be and remain effective in finally extinguishing all respects notwithstanding any such differences or additional factsReleased Matters.

Release. Effective as of the Closing Date and subject to the Major Stockholder’s receipt of the Rollover Consideration as set forth herein, the Major Stockholder hereby releases and forever discharges HoldCo, the Company and each of the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoInvestors, and any HoldCo’s, the Company’s and all participantseach of the Investors’ respective individual, parent corporationsjoint or mutual, subsidiary corporationspast, affiliated corporationspresent and future representatives, affiliates, principals, officers, employees, insurers, indemnitorssubrogors, subrogees, licensees, predecessors, members, directors, managers, stockholders, limited partners, controlling persons, subsidiaries, successors and assigns thereof(individually a “Releasee” and collectively, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, “Releasees”) from any and all claims, demands or demands, proceedings, causes of action action, orders, obligations, contracts, agreements, debts and liabilities whatsoever, whether known or unknown, suspected or unsuspected, foreseeable and unforeseeable, liquidated and unliquidated, insured and uninsured, both at law and in equity, which the Major Stockholder now has, has ever had or may hereafter have against the respective Releasees arising contemporaneously with or prior to the Closing Date or on account of or arising out of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from event occurring contemporaneously with or prior to the beginning Closing Date related to their employment with the Company or their ownership of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured Company Common Stock or unmatured or known or unknown. It is the intention options of the Company and Guarantor in executing (collectively, the “Causes of Action”); provided, however, that nothing contained herein shall (a) operate to release any obligation of HoldCo arising under this Agreement or any obligation of any of the other parties to the other agreements entered into on the Closing Date, (b) operate to release that the same shall be effective as a bar to each and every claim, demand and cause any obligation of action specified and in furtherance of this intention the Company and Guarantor for any unpaid salary accrued within the thirty-day period prior to this agreement or for any accrued benefits, vacation time or right to reimbursement of expenses or (c) operate to release any obligation for matters which the Major Stockholder is entitled to indemnification under the Company’s certificate of incorporation or bylaws as in effect on or prior to the date hereof or as may be in effect after the Effective Time. The Major Stockholder acknowledges that he has been informed that HoldCo, the Company and/or each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code Investors and their respective subsidiaries, affiliates and successors may from time to time enter into agreements for additional types of financing, including, without limitation, recapitalizations, mergers and initial public offerings of capital stock of the State Company and/or its subsidiaries, affiliates and successors, and also may pursue acquisitions or enter into agreements for the sale of Californiathe Company and/or its subsidiaries, affiliates or successors or all or a portion of the Company’s and/or its subsidiaries’, affiliates’ or successor’s assets, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORmay result in or reflect an increase or decrease in the value of the Rollover Shares and increases or decreases in value and the Major Stockholder accepts the risk of such increase or decrease in the value of the Rollover Shares.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In consideration of Safeco’s delivery of the Severance Payment and the Guarantor signing the Acknowledgment other consideration and Agreement of Guarantor set forth below hereby absolutely benefits provided to Employee under this Agreement, Employee releases Safeco and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporationsits subsidiaries, insurers, indemnitorsemployee benefit plans in which Employee participates, successors and assigns thereofthe employees, together with all of the present and former directorsagents, officers, agents, attorneys, directors and employees of shareholders or any of the foregoingthem (including their respective spouses and marital communities), from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or actions, causes of action action, or damages, of any kind or nature whatsoever that Employee may now have or may ever have had against any of them, whether such claims are known or unknown, and agree including but not limited to the Claims as described below. However, nothing in this Agreement will create or imply any waiver by Employee of any claims (a) with respect to Employee’s entitlement to compensation for vested benefits arising under any Safeco retirement or welfare benefit plan, program or agreement, in accordance with the terms and conditions of such plans, (b) with respect to any breach by Safeco of its obligations under this Agreement, all of which rights will be preserved and unaffected by this release, or (c) with respect to indemnification by Safeco, to the extent that this instrument shall such indemnification rights may arise or be provided under Safeco’s Articles of Incorporation or Bylaws, in connection with Employee’s official actions (or omissions) on behalf of Safeco during the period Employee served as an officer of Safeco and remain effective in all respects notwithstanding any such differences or additional factsdirector of its subsidiaries. EMPLOYEE ACKNOWLEDGES AND AGREES THAT THROUGH THIS RELEASE EMPLOYEE IS GIVING UP ALL RIGHTS AND CLAIMS OF EVERY KIND AND NATURE WHATSOEVER, KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, THAT EMPLOYEE MAY HAVE AGAINST SAFECO AND ITS SUBSIDIARIES, ENTITIES AND THE OTHER PERSONS REFERENCED ABOVE, EXCEPT FOR THE RIGHTS SPECIFICALLY EXCLUDED ABOVE.

Release. Company Upon the Effective Date, Plaintiffs named in this Settlement Agreement and Release and every Settlement Class Member (except those who timely opt-out), for themselves, their attorneys, spouses, beneficiaries, executors, representatives, heirs, successors, and assigns, in consideration of the Guarantor signing the Acknowledgment and Agreement of Guarantor relief set forth below hereby absolutely in the Settlement Agreement, fully and unconditionally finally release and forever discharge Xxxxx FargoRMCHCS, and any and all participantssubsidiary, parent corporationsand related entities, subsidiary corporationsall officers, affiliated corporationsdirectors, shareholders, employees, attorneys, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneyssuccessors, and employees of any of the foregoing, persons who acted on their behalf from any and all claimsclaims or causes of action, demands whether known or unknown, that concern, refer or relate to (a) the Data Breach; and (b) all other claims or causes of action that were pleaded, or that could have been pleaded based on the Data Breach and/or RMCHCS’s response to the Data Breach in the Lawsuit. The claims released in this paragraph are referred to as the “Released Claims,” and the parties released are referred to as the “Released Parties.” Plaintiffs waive any principles of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time similar to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaCode, which provides: “A GENERAL RELEASE REELASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MIGHT HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties DEBTOR OR RELEASED PARTY. Plaintiffs agree that Section 1542 and all similar federal or state laws, rules, or legal principles of any other jurisdiction are knowingly and voluntarily waived in connection with the claims released in the Settlement Agreement, and agree that this is an essential term of the Settlement Agreement. Plaintiffs and the Settlement Class Members acknowledge that each they may hereafter later discover claims presently unknown or suspected, or facts different from or in addition to or different from those which they now known or believed believe to be true with respect to such claimsthe matters released in the Settlement Agreement. Nevertheless, demandsPlaintiffs and Settlement Class Members fully, or causes of action finally, and agree that this instrument shall be forever settle and remain effective in all respects notwithstanding any such differences or additional factsrelease the Released Claims against the Released Parties.

Release. Company You release us and our Affiliates and Service Providers and the Guarantor signing the Acknowledgment employees and Agreement contractors of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all each of the present and former directors, officers, agents, attorneys, and employees of any of the foregoingthese, from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or causes in any way connected with any dispute that may arise between you or one or more other users of action of any kindthe Site or the applicable Service. In addition, nature or descriptionif applicable to you, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwiseyou waive California Civil Code §1542, which Company states that a general release does not extend to claims which the creditor does not know or Guarantor has hadsuspect to exist in his favor at the time of executing the release, now has or has made claim which if not known by him must have materially affected his settlement with the debtor. 32. No Waiver. We shall not be deemed to have against waived any rights or remedies hereunder unless such person for waiver is in writing and signed by one of our authorized representatives. No delay or by reason omission on our part in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any act, omission, matter, cause other rights or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownremedies. It is the intention of the Company and Guarantor in executing this release that the same A waiver on any one occasion shall not be effective construed as a bar to each and every claimor waiver of any rights or remedies on future occasions. 33. Exclusions of Warranties. THE SITE AND SERVICE AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, demand and cause EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. 34. Limitation of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaLiability. THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS FOR THE SERVICE AND THE PORTION OF THE SITE THROUGH WHICH THE CREDITOR DOES SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING BUT NOT KNOW LIMITED TO ANY INTERRUPTION, DISRUPTION OR SUSPECT FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS INTERNET DISRUPTION OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO EXIST THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION OR SIMILAR FAILURE. IN HIS NO EVENT SHALL WE OR HER FAVOR AT OUR AFFILIATES OR SERVICE PROVIDERS OR THE TIME EMPLOYEES OR CONTRACTORS OF EXECUTING ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE RELEASEPOSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF KNOWN BY HIM SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OUR AFFILIATES OR HER SETTLEMENT WITH SERVICE PROVIDERS OR THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.EMPLOYEES OR CONTRACTORS OF ANY OF THESE BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF THE SITE THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN SECTIONS 28 AND 29 OF THE GENERAL TERMS ABOVE WITHIN TWO

Release. Company and In consideration for the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Payment described in section 1 above, Employee hereby absolutely irrevocably and unconditionally release releases and forever discharge Xxxxx Fargodischarges the Company, its predecessors, successors, subsidiaries, affiliates and benefit plans, and any each and all participantsevery past, parent corporationspresent and future officer, subsidiary corporationsdirector, affiliated corporationsemployee, insurersrepresentative and attorney of the Company, indemnitorsits predecessors, successors, subsidiaries, affiliates and benefit plans, and their successors and assigns thereof(collectively referred to herein as the "Releasees"), together from any, every, and all charges, complaints, claims, causes of action, and lawsuits of any kind whatsoever, including, to the extent permitted under the law, all claims which Employee has against Releasees, or any of them, arising from or in any way related to circumstances or events arising out of Employee's employment by the Company. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES THAT EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY AGAINST RELEASEES BASED ON STATE OR FEDERAL AGE ANTI-DISCRIMINATION LAWS, INCLUDING WITHOUT LIMITATION, THE AGE DISCRIMINATION AND EMPLOYMENT ACT OF 1967, AS AMENDED, WHETHER SUCH CLAIM BE BASED UPON AN ACTION FILED BY EMPLOYEE OR A GOVERNMENTAL AGENCY. Provided, however, that nothing in the foregoing or otherwise in this Agreement is intended to waive any of Employee's rights to have the Company defend and/or indemnify him in accordance with all the General Corporation Law of Delaware and the Bylaws of the present Company, as the same now exist or may hereafter be amended, against expenses (including attorneys' fees), judgments, fines and former directorsamounts paid in settlement actually and reasonably incurred in connection with any threatened, officerspending or completed action, agentssuit, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature proceeding in which Employee was or description, whether arising in law is a party or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has is threatened to be made claim to have against any such person for or a party by reason of any act, omission, matter, cause the fact that Employee is or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured was a director or unmatured or known or unknown. It is the intention officer of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORCompany.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Each Seller hereby acknowledges that the Released Party (as defined below) are expressly relying on this release provision in consummating the transactions contemplated by this Agreement, and would not consummate such transactions but for this release provision. Each Seller hereby acknowledges, confirms and agrees that such Seller (a) is the exclusive owner of the Company Shares being sold by such Seller to the Buyers hereunder, (b) does not have any equity interest in the Company other than the Company Shares being sold to the Buyers hereunder, and (c) does not have any rights to any additional shares of the capital stock or any other securities of the Company, including any options, warrants, conversion privileges, preemptive rights or other rights or agreements. Each Seller, on behalf of such Seller and each of such Sellers' respective Affiliates (if any), hereby releases and forever discharges each Buyer, the Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorstheir respective Affiliates, officers, agentsdirectors, attorneysemployees and agents (collectively, and employees of any of the foregoing, "Released Party or Parties") from any and all claims, demands or demands, judgments, proceedings, causes of action of any kindaction, nature or descriptionorders, obligations, contracts, agreements, liens, accounts, costs and expenses (including attorney's fees and court costs), debts and liabilities whatsoever, whether arising known or unknown, suspected or unsuspected, matured or unmatured, both at law (including federal and state securities laws) and in law or equity or upon contract or tort or under any state or federal law or otherwiseequity, which Company such Seller or Guarantor has hadany of such Seller's respective Affiliates now have, now has have ever had or has made claim to may hereafter have against any such person for the Released Party arising contemporaneously with or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time prior to and including the date of this AmendmentAgreement or on account of or arising out of any matter, cause, event or omission occurring contemporaneously with or prior to the date of this Agreement, including, but not limited to, any rights to indemnification or reimbursement from the Company, whether such claimspursuant to the Company's articles of organization, demands resolution, contract or otherwise and causes whether or not relating to claims pending on, or asserted after, the date of action are matured or unmatured or known or unknown. It is the intention this Release; provided, however, that nothing contained herein shall operate to release any obligations of the Company and Guarantor in executing this release that Buyer to the same shall be effective Sellers arising exclusively as a bar to each and every claim, demand and cause of action specified and in furtherance result of this intention Agreement. Each Seller hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced, any proceeding of any kind against any Released Party, based upon any matter purported to be released hereby. Without in any way limiting any of the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiaremedies otherwise available to any Released Party, which provides: “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 RELEASEeach Seller shall indemnify and hold harmless each Released Party from and against all actions, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, dues, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, security interests, taxes, liens, losses, lost value, expenses and fees arising directly or causes indirectly from or in connection with (i) the assertion by or on behalf of action such Seller or such Seller's Affiliates of any claim or other matter purported to be released pursuant to this provision and agree that (ii) the assertion by any third party of any claim or demand against any Released Party which claim or demand arises directly or indirectly from, or in connection with, any assertion by or on behalf of such Seller, or any of such Seller's Affiliates against any third party of any claims or other matters purported to be released pursuant to this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsprovision.

Release. Company The Borrower, for itself and on behalf of its predecessors, ------- successors and assigns (collectively, the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below "Borrower Releasors"), does hereby absolutely and unconditionally release and forever discharge Xxxxx Fargorelease, discharge, and any acquit the Bank and all participantsits past and present employees, parent corporationsagents, subsidiary corporationsofficers, affiliated corporationsdirectors, insurers, indemnitorspredecessors, successors and assigns thereofassigns, together with all (collectively, the "Bank Releasees") of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all rights, claims, demands or causes of action action, contracts, agreements, duties, demands, or liabilities whatsoever of every kind and nature, including without limitation any kindso-called "lender liability" claims or defenses, nature or description, whether arising in at law or equity in equity, known or upon contract unknown, matured or tort unmatured, foreseeable or under any state or federal law or otherwiseunforeseeable (collectively, "Claims"), which Company or Guarantor has the Borrower Releasors have, ever had, now has or has made claim may have had prior to have the Closing against any such person for or the Bank Releasees by reason of any liability, act, omission, matter, cause thing or thing whatsoever circumstance arising out of or related to the execution, administration and enforcement of the Original Loan Documents, and the assertion and treatment of the Bank's claims in the chapter 11 cases. The Borrower represents and warrants that there has been no assignment or other transfer of any interest in any Claim which it may have against any of the Bank Releasees and which was released by this Agreement, and the Borrower agrees to indemnify and hold harmless the Bank Releasees, and each of them, from any Claims, including attorneys' fees, incurred by the beginning Bank Releasees, or any of time them, as a result of any person asserting any such assignment or transfer or any rights or Claims under any such assignment or transfer. The Borrower acknowledges that there is a risk that subsequent to and including the date execution of this AmendmentAgreement, whether the Borrower will discover or suffer damage, loss or injury to persons or property which is in some way caused by or connected with the Claims, but which is unknown or unanticipated at the time of the execution of this Agreement. The Borrower does hereby specifically assume such claimsrisk and agrees that this release shall and does apply to all unknown or unanticipated Claims, demands and causes of action are matured or unmatured or as well as those currently known or unknownanticipated. It is Accordingly, the intention Borrower acknowledges that it has read the provisions of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of Californiasection 1542, which providesprovides 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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge . and knowingly and expressly waives, relinquishes and forfeits all rights and benefits accorded by the provisions of California Civil Code section 1542, or any similar federal or state statutes, and furthermore waives any rights that each may hereafter discover facts different from it might have to invoke said provision now or in addition to those now known or believed to be true the future with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthe release contained herein.

Release. Company You release us and our Affiliates and Service Providers and the Guarantor signing the Acknowledgment employees and Agreement contractors of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all each of the present and former directors, officers, agents, attorneys, and employees of any of the foregoingthese, from any and all claims, demands demands, and damages (actual and consequential) of every kind and nature arising out of or causes in any way connected with any dispute that may arise between you or one or more other users of action Online Banking or the Service. In addition, you waive California Civil Code §1542, which states that a general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him, must have materially affected his settlement with the debtor. Waiver: We have the right to waive the enforcement of any kind, nature term or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim condition of this Agreement. We will not be deemed to have against waived any of our rights or remedies under this Agreement unless such person for waiver is in writing and signed by us. No delay or by reason omission on our part in exercising any rights or remedies will operate as a waiver of such rights or remedies or any act, omission, matter, cause other rights or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownremedies. It is the intention of the Company and Guarantor in executing this release that the same shall A waiver on any one occasion will not be effective construed as a bar to each or waiver of any rights or remedies on future occasions. No such waiver will modify the terms and every claim, demand and cause of action specified and in furtherance conditions of this intention Agreement. Exclusions of Warranties: ONLINE BANKING AND THE SERVICE AND RELATED DOCUMENTATION ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN PARTICULAR, WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO ANY PART OF OUR SERVICE, AND OPERATION OF OUR ONLINE BANKING MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL. SOME STATES DO NOT ALLOW THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. Limitation of Liability: THE FOREGOING SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES AND THE ENTIRE LIABILITY OF US AND OUR AFFILIATES AND SERVICE PROVIDERS AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, FOR THE SERVICE AND THE PORTION OF ONLINE BANKING THROUGH WHICH THE SERVICE IS OFFERED. YOU ACKNOWLEDGE AND AGREE THAT FROM TIME TO TIME, THE SERVICE MAY BE DELAYED, INTERRUPTED, OR DISRUPTED PERIODICALLY FOR AN INDETERMINATE AMOUNT OF TIME DUE TO CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, ANY INTERRUPTION, DISRUPTION, OR FAILURE IN THE PROVISION OF THE SERVICE, WHETHER CAUSED BY STRIKES, POWER FAILURES, EQUIPMENT MALFUNCTIONS, INTERNET DISRUPTION, OR OTHER REASONS. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE CAUSED BY OR ARISING OUT OF ANY SUCH DELAY, INTERRUPTION, DISRUPTION, OR SIMILAR FAILURE. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF GOODWILL OR LOST PROFITS (EVEN IF ADVISED OF THE POSSIBILITY THEREOF) ARISING IN ANY WAY OUT OF THE INSTALLATION, USE, OR MAINTENANCE OF THE SERVICE OR THE PORTION OF ONLINE BANKING THROUGH WHICH THE SERVICE IS OFFERED, EVEN IF SUCH DAMAGES WERE REASONABLY FORESEEABLE AND NOTICE WAS GIVEN REGARDING THEM. IN NO EVENT SHALL WE OR OUR AFFILIATES OR SERVICE PROVIDERS, OR THE EMPLOYEES OR CONTRACTORS OF ANY OF THESE, BE LIABLE FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE OR THE PORTION OF ONLINE BANKING THROUGH WHICH THE SERVICE IS OFFERED THAT YOU DO NOT STATE IN WRITING IN A COMPLAINT FILED IN A COURT OR ARBITRATION PROCEEDING AS DESCRIBED IN THE DISPUTES AND ARBITRATION SECTIONS ABOVE WITHIN TWO (2) YEARS OF THE DATE THAT THE EVENT GIVING RISE TO THE CLAIM OCCURRED. THESE LIMITATIONS WILL APPLY TO ALL CAUSES OF ACTION, WHETHER ARISING FROM BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. OUR AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF OUR AFFILIATES AND SERVICE PROVIDERS, AND THE EMPLOYEES AND CONTRACTORS OF EACH OF THESE, TO YOU AND ANY THIRD-PARTY FOR ANY AND ALL CLAIMS OR OBLIGATIONS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO DIRECT OUT-OF-POCKET DAMAGES UP TO A MAXIMUM OF $500.00 (FIVE HUNDRED DOLLARS). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. Complete Agreement: You agree that this Agreement is the Company complete and Guarantor each waives and relinquishes all rights and benefits under Section 1542 exclusive statement of the Civil Code of agreement between us, sets forth the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true entire understanding between us and you with respect to such claimsthe Service and the portion of Online Banking through which the Service is offered, demandsand supersedes any proposal or prior agreement, oral or causes written, and any other communications between us. If there is a conflict between the terms of action this Agreement and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences something stated by an employee or additional factscontractor of ours (including, but not limited to, its customer care personnel), the terms of the Agreement will prevail.

Release. Company Borrower hereby, for itself, its successors, heirs, executors, administrators and assigns (each a “Releasing Party” and collectively, the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release “Releasing Parties”), releases, acquits and forever discharge Xxxxx Fargodischarges Agent and each Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former their respective directors, officers, employees, agents, attorneys, affiliates, successors, administrators and employees assigns (“Released Parties”) of any of the foregoing, and from any and all claims, demands or actions, causes of action action, demands, rights, damages, costs, loss of service, expenses and compensation whatsoever which any kindReleasing Party might have because of anything done, nature omitted to be done, or description, whether allowed to be done by any of the Released Parties and in any way arising in law out of or equity connected with the Credit Agreement or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason the other Loan Documents as of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of execution of this AmendmentAgreement, whether such claimsWHETHER KNOWN OR UNKNOWN, demands and causes FORESEEN OR UNFORESEEN, including, without limitation, any specific claim raised by any Releasing Party, (the “Released Matters”). Releasing Parties each further agrees never to commence, aid or participate in (except to the extent required by order or legal process issued by a court or governmental agency of competent jurisdiction) any legal action are matured or unmatured other proceeding based in whole or known or unknownin part upon the Released Matters. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in In furtherance of this intention general release, Releasing Parties each acknowledges and waives the Company and Guarantor each waives and relinquishes all rights and benefits under of California Civil Code Section 1542 (and all similar ordinances and statutory, regulatory, or judicially created laws or rules of the Civil Code of the State of Californiaany other jurisdiction), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MIGHT HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that DEBTOR OR RELEASED PARTY. Releasing Parties each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument waiver and release is an essential and material term of this Agreement and that the agreements in this paragraph are intended to be in full satisfaction of any alleged injuries or damages in connection with the Released Matters. Each of the Releasing Parties represents and warrants that it has not purported to convey, transfer or assign any right, title or interest in any Released Matter to any other person or entity and that the foregoing constitutes a full and complete release of the Released Matters. Releasing Parties each also understands that this release shall be apply to all unknown or unanticipated results of the transactions and remain effective occurrences described above, as well as those known and anticipated. Releasing Parties each has consulted with legal counsel prior to signing this release, or had an opportunity to obtain such counsel and knowingly chose not to do so, and executes such release voluntarily, with the intention of fully and finally extinguishing all Released Matters. Notwithstanding anything in all respects notwithstanding this Agreement, Borrower does not waive any such differences of Agent’s or additional factsany Lender’s obligations under the terms of the Credit Agreement as amended by this Agreement.

Release. Company For purposes of this Paragraph 8, the term “Borrower Parties” shall mean Borrowers and Guarantors collectively and the Guarantor signing the Acknowledgment term “Lender Parties” shall mean Administrative Agent, Lenders and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoIssuing Bank, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitorsshall include each of their respective predecessors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysassigns, and employees each past and present, direct and indirect, parent, subsidiary and affiliated entity of any each of the foregoing, from and each past and present employee, agent, attorney in fact, attorney at law, representative, officer, director, shareholder, partner and joint venturer of each of the foregoing, and each heir, executor, administrator, successor and assign of each of the foregoing; references in this paragraph to “any” of such parties shall be deemed to mean “any one or more” of such parties; and all references in this sentence to “each of the foregoing” shall mean and refer cumulatively to each party referred to in this sentence up to the point of such reference. Each Borrower and each Guarantor hereby acknowledges, represents and agrees: that, as of the date hereof, Borrowers and Guarantors have no defenses, setoffs, claims, demands counterclaims or causes of action of any kind, kind or nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such the Credit Agreement, the Subsidiary Guaranty Agreement, the other Loan Documents or the Obligations, or with respect to any other documents or instruments now or heretofore evidencing, securing or in any way relating to the Obligations (all of said defenses, setoffs, claims, demands, counterclaims or causes of action being hereinafter referred to as “Loan Related Claims”); that, to the extent that Borrowers or Guarantors may be deemed to have any Loan Related Claims as of the date hereof, Borrowers and agree Guarantors do hereby expressly waive, release and relinquish any and all such Loan Related Claims, whether or not known to or suspected by Borrowers and Guarantors; that Borrowers and Guarantors shall not institute or cause to be instituted any legal action or proceeding of any kind based upon any Loan Related Claims; and that Borrowers and Guarantors shall indemnify, hold harmless and defend all Lender Parties from and against any and all Loan Related Claims and any and all losses, damages, liabilities and related reasonable expenses (including reasonable fees, charges and disbursements of any counsel for any Lender Parties) suffered or incurred by any Lender Parties as a result of any assertion or allegation by any Borrower Parties of any Loan Related Claims or as a result of any legal action related thereto, provided that such indemnity shall not, as to any Lender Parties, be available to the extent that such losses, claims, damages, liabilities or related expenses are determined by a court of competent jurisdiction by final and non-appealable judgment to have resulted from (i) the gross negligence or willful misconduct of such Lender Parties or (ii) a claim brought by any Borrower or Guarantor against any Lender Parties for breach in bad faith of such Lender Parties’ obligations under any Loan Document. Notwithstanding the foregoing provisions of this instrument shall be Paragraph 8, Borrowers and remain effective in all respects notwithstanding Guarantors make no such releases, representations, warranties, standstills or agreements with respect to any such differences or additional factsfuture Loan Related Claims.

Release. Company In consideration of the agreements of Administrative Agent and Pass Creek contained herein and for other good and valuable consideration, the Guarantor signing receipt and sufficiency of which is hereby acknowledged, each Borrower and Parent (collectively, the Acknowledgment “Loan Parties”) hereby unconditionally and Agreement of Guarantor set forth below hereby absolutely irrevocably remises, acquits, and unconditionally release fully and forever discharge Xxxxx Fargo, releases and any discharges Administrative Agent and Pass Creek and all participantsrespective affiliates and subsidiaries of Administrative Agent and Pass Creek, parent corporationstheir respective officers, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officersemployees, agents, attorneys, principals, advisors, directors and employees of any of shareholders, and their respective heirs, legal representatives, successors and assigns (collectively, the foregoing, “Released Lender Parties”) from any and all claims, demands or demands, causes of action action, obligations, remedies, suits, damages and liabilities (collectively, the “Loan Party Claims”) arising out of any kindor related to the Credit Agreement, nature the other Loan Documents, or descriptionthe transactions contemplated therein, whether now known, suspected or claimed, whether arising under common law, in law or equity or upon contract or tort or under any state or federal law or otherwisestatute, which Company any Loan Party ever had or Guarantor has had, now has against the Released Lender Parties which may have arisen at any time on or has made claim prior to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment. Each Loan Party covenants and agrees never to commence, whether such claimsvoluntarily aid in any way, demands and causes of action are matured prosecute or unmatured cause to be commenced or known or unknown. It is the intention prosecuted against any of the Company Released Lender Parties any action or other proceeding based upon any of the Loan Party Claims which may have arisen at any time on or prior to the date of this Amendment. Each Loan Party acknowledges and Guarantor in executing this release agrees that the same Released Lender Parties have acted in good faith in negotiating and entering into this Amendment and that the provisions hereof are not in breach or violation of any duty or obligation, express or implied, of the Released Lender Parties to any such Loan Party. The agreements of each Loan Party set forth in this Section 15 shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance survive the termination or expiration of this intention Amendment and the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 termination of the Civil Code Loan Documents and the repayment, satisfaction or discharge of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORObligations.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company At or prior to the Closing, subject to Section 7.12 and the Guarantor signing provisions of the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoother Transaction Documents, as applicable, and any other Contract that may be entered into among the parties following the Closing, (a) Seller Bank and all participantsits Subsidiaries shall execute releases acquitting, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors releasing and assigns thereof, together with all of the present discharging Parent Seller and former directors, officers, agents, attorneys, and employees of any of its Affiliates or Representatives (including the foregoing, directors of Seller Bank) from any and all claims, demands liabilities to Seller Bank and its Subsidiaries that exist as of the Closing Date or causes that arise in the future from events or occurrences taking place prior to or as of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim the Closing Date (provided that the foregoing shall not apply to have against the extent that any such person for Person is a Purchaser Indemnified Party exercising rights under Section 10.1), and (b) Parent Seller shall execute releases acquitting, releasing and discharging Seller Bank and its Subsidiaries and their respective Representatives from any and all liabilities to Parent Seller or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to its Affiliates (other than Seller Bank and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention its Subsidiaries) that exist as of the Company and Guarantor Closing Date or that arise in executing this release that the same shall be effective future from events or occurrences taking place prior to or as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code Closing Date and from any obligations under Contracts to which Parent Seller or any of its Affiliates (other than Seller Bank and its Subsidiaries) is a party (x) under which Seller Bank and its Subsidiaries are provided with services, property or other assets that are used in the State conduct of Californiatheir respective businesses, which provides: “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(y) that contain any exclusive dealing or third party referral arrangements imposed on Seller Bank or any of Seller Bank’s Subsidiaries, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge or any non-competition or non-solicitation covenants that each may hereafter discover facts different purport to limit the freedom from and after the Closing of Seller Bank and its Subsidiaries to compete in any line of business or with any Person or in addition to those now known or believed to be true with respect to such claims, demandsany area, or causes (z) for which there are any costs or expenses that would be incurred by Seller Bank and its Subsidiaries from and after the Closing in connection with the termination of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsContracts.

Release. Company and Upon the Guarantor signing satisfaction of the Acknowledgment and Agreement obligations of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargothe Guarantors hereunder, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all when none of the present Guarantors is subject to any obligation hereunder or under the Credit Agreement or any of the other Loan Documents, Agent shall deliver to the Guarantors, upon written request therefor, (i) a written release of this Guaranty and former directors(ii) appropriate discharges of any Collateral provided by the Guarantors for this Guaranty; provided however that, officersthe effectiveness of this Guaranty shall continue or be reinstated, agentsas the case may be, attorneysin the event: (x) that any payment received or credit given by Agent or the Lenders, or any of them, is returned, disgorged, rescinded or required to be recontributed to any party as an avoidable preference, impermissible setoff, fraudulent conveyance, restoration of capital or otherwise under any applicable state, federal or national law of any jurisdiction, including laws pertaining to bankruptcy or insolvency, and employees this Guaranty shall thereafter be enforceable against the Guarantors as if such returned, disgorged, recontributed or rescinded payment or credit has not been received or given by Agent or the Lenders, and whether or not Agent or any Lender relied upon such payment or credit or changed its position as a consequence thereof or (y) that any liability is imposed, or sought to be imposed against Agent or the Lenders, or any of them, relating to the environmental condition of any of property mortgaged or pledged to Agent on behalf of the foregoingLenders by any Guarantor, from Noble, or any and all claimsother party as collateral (in whole or part) for any indebtedness or obligation evidenced or secured by this Guaranty, demands whether such condition is known or causes of action unknown, now exists or subsequently arises (excluding only conditions which arise after acquisition by Agent or any Lender of any kindsuch property, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law lieu of foreclosure or otherwise, due to the wrongful act or omission of Agent or such Lenders) in which Company event this Guaranty shall thereafter be enforceable against the Guarantors to the extent of all liabilities, costs and expenses (including reasonable attorneys’ fees) incurred by Agent or Guarantor has had, now has Lenders as the direct or has made claim to have against indirect result of any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date environmental condition. For purposes of this AmendmentGuaranty “environmental condition” shall include, whether such claimswithout limitation, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true conditions existing with respect to such claimsthe surface or ground water, demandsdrinking water supply, land surface or causes of action subsurface strata and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthe ambient air.

Release. Company and The Borrower, the Guarantor by signing the Acknowledgment and Agreement of Guarantor set forth below below, and the Subordinated Creditors by signing the Acknowledgment and Agreement of Subordinated Creditors set forth below, hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges the Lender, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company the Borrower, the Guarantor or Guarantor each Subordinated Creditor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company Borrower, the Guarantor and Guarantor each Subordinated Creditor in executing providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified specified, and in furtherance of this intention the Company and Guarantor each it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.”

Release. Company To the extent permitted by applicable law, each Borrower and the each Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges each member of the Lender Group, each of their respective Affiliates, and any and all participantseach of their respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysemployees, and employees of any of agents (collectively, the foregoing“Released Parties”), from any and all claims, demands or demands, obligations, liabilities, causes of action action, damages, losses, costs and expenses of any kindkind or character, nature known or descriptionunknown, whether arising in law past or equity present, liquidated or upon contract unliquidated, suspected or tort or under any state or federal law or otherwiseunsuspected, which Company any Borrower or any Guarantor has ever had, now has or has made claim to might hereafter have against any such person for Released Party which relates, directly or by reason indirectly, to the Loan Agreement or any other Loan Document, or to any acts or omissions of any actsuch Release with respect to the Loan Agreement or any other Loan Document, omission, matter, cause or thing whatsoever arising from to the beginning of time to and including lender-borrower relationship evidenced by the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownLoan Documents. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar As to each and every claimclaim released hereunder, demand each Borrower and cause each Guarantor hereby represents that it has received the advice of action specified legal counsel with regard to the releases contained herein, and in furtherance having been so advised, each Borrower specifically waives, to the extent permitted by applicable law, the benefit of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the Civil Code of the State of California, California which providesprovides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A 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 MIGHT HIM, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that As to each may hereafter discover facts different from and every claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or in addition state law, if any, pertaining to those now known or believed to be true general releases after having been advised by its legal counsel with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthereto.

Release. Company 3.1. Subject to the terms and conditions of this Agreement, including payment in full by Cepheid of the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoconsideration in Section 2.1, Abaxis, for itself, its Affiliates, and any and all participantstheir respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officersshareholders, employees, agents, representatives, and attorneys, hereby fully and employees finally releases, acquits, waives, and forever discharges Cepheid, its Affiliates, and their respective officers, directors, shareholders, direct and indirect customers, users, licensees, distributors, retailers, or direct and indirect suppliers, employees, agents, representatives, and attorneys from all Released Claims. 3.2. Subject to the terms and conditions of any this Agreement, Cepheid, for itself, its Affiliates, and their respective officers, directors, shareholders, employees, agents, representatives, and attorneys, fully and finally releases, acquits, waives, and forever discharges Abaxis, its Affiliates, and their respective officers, directors, shareholders, customers, employees, agents, representatives, and attorneys from all of the foregoing, from any and all Cepheid’s claims, demands or suits, demands, damages, liabilities, actions, and causes of action of any kind, nature or descriptionand every kind and nature, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is , suspected or unsuspected, now existing or heretofore arising from or in any way connected with the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimLitigation, demand and cause of action specified and in furtherance but excluding any claim arising from breach under Article 5 of this intention Agreement. 3.3. Cepheid and Abaxis each represents, warrants and agrees to the Company and Guarantor each waives and relinquishes all rights and benefits under other that they have been fully advised by their attorneys regarding the contents of Section 1542 of the Civil Code of the State of California, which providesCalifornia and expressly waive any rights they might otherwise have under that Section. Section 1542 reads 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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties 3.4. Nothing in the releases contained herein shall operate to bar or limit any claim for breach or enforcement of this Agreement. [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS AND ASTERISKS, HAS BEEN OMITTED AND FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 24b-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED INFORMATION. 3.5. Cepheid and Abaxis expressly agree and acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsby entering into this Agreement neither Abaxis nor Cepheid admits any liability, demandswrongdoing, or causes the truth of action any allegation contained in any claim, defense, argument, or counterclaim alleged in the Litigation. Notwithstanding the foregoing, and agree that except in defense of itself or any other Protected Entities (defined in Section 4.1), Cepheid hereby agrees not to challenge in any manner or otherwise support any third party in the challenge of any Abaxis Patents, including any claim of invalidity of any Abaxis Patents. Neither this instrument shall Agreement nor any release nor other provision in this Agreement may be and remain effective construed or used as evidence of, or an admission of, any issues or facts at issue in all respects notwithstanding the Litigation, or any such differences other admission of wrongdoing, liability, or additional factsviolation of law whatsoever.

Release. Company By this Agreement, Borrower, Guarantor, Christie Tyler, Keenan Cheung, CRD Holdings, and the Guarantor signing the Acknowledgment CRD Arizona ("Releasxxx") xxx xxxxsexxxx, xxxxx xuccessors and Agreement of Guarantor set forth below hereby absolutely and unconditionally release assigns, release, acquit and forever discharge Xxxxx FargoLender, and any and all participantsits agents, parent corporationsservants, subsidiary corporationssuccessors, affiliated corporationsheirs, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsexecutors, officers, agentsdirectors, shareholders, employees, attorneys, and employees of or any of the foregoingparent, subsidiary or affiliate entity, past, present or future, from any and all rights, claims, demands or demands, losses, debts, damages, obligations, costs, including attorneys' fees, liabilities, rights of action, causes of action action, suits, liens, expenses, compensation, indemnities, responsibilities or damage of any kind, nature or descriptionevery kind and nature, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisein equity, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, or suspected or unsuspected, which Releasors ever had or now have or make claim to or have against Lender of any type, nature or description arising out of, relating to, or in any way connected with the Loan Documents, the Action or the Gisa Transaction. It is the intention of the Company and Guarantor in executing Releasors that this release that the same Agreement shall be effective as a bar to full and final release of each and every claim, demand obligation and cause of action specified and in matter included within the claims released herein. In furtherance of this intention intention, Releasors hereby expressly waive the Company provisions of California Civil Code section 1542 or any similar state or federal law, which provides that: 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. Releasors acknowledge, warrant and Guarantor each waives and relinquishes all rights and benefits under Section represent that they are familiar with section 1542 of the California Civil Code and that the effective import of that provision has been fully explained to them by their attorneys, and specifically waive and relinquish any right or benefit which they may have under California Civil Code section 1542 to the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties full extent they may lawfully waive such right or benefit. In connection with such waiver and relinquishment Releasors acknowledge that each they fully understand that they may hereafter discover facts different from or in addition to or different from those which they now known know or believed believe to be true with respect to such the subject matter of this Agreement, but that it is their intention hereby to fully, finally and forever release the claims, demandsreleased herein, known or causes unknown, suspected or unsuspected, which now exist, may exist in the future and heretofore have existed, and that in furtherance of action and agree that this instrument such intention, the release given herein shall be and remain effective in all respects effect as a full and complete release of the matters released herein, notwithstanding the discovery or existence of any such differences additional or additional different facts.

Release. Company In consideration of this agreement and the Guarantor signing the Acknowledgment performance thereof and Agreement of Guarantor set forth below hereby absolutely other good and unconditionally release valuable consideration, each Borrower forever releases and forever discharge Xxxxx Fargodischarges Agent, its affiliates, officers, directors, consultants, agents, and any employees, and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, their respective successors and assigns thereof, together with all of (collectively the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, "Released Parties") from any and all claimsactions, demands or causes of action action, suits, debts, dues, sums of any kindmoney, nature accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or descriptionequity, whether arising in law without defense, offset or equity or upon contract or tort or under any state or federal law or otherwisecounterclaim, which Company any Borrower, directly or Guarantor has hadindirectly, ever had or now has or has made claim to can, shall or may, have against any such person for of the Released Parties for, upon, or by reason of any act, omission, matter, cause or thing whatsoever arising from whatsoever. Each Borrower expressly and explicitly acknowledges that it is aware of and is knowingly waiving any rights that he, she, or it may have against the beginning Released Parties under the provisions of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under California Civil Code Section 1542 (and any similar principle of the Civil Code of the State of Californialaw under any other applicable jurisdiction), which providessection reads 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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that " In addition to the foregoing, each may hereafter discover facts different of the Borrowers agrees to forever refrain and forbear from commencing, assisting, instituting, prosecuting or encouraging others to institute or prosecute any litigation, action, arbitration, administrative or other proceeding of any kind against any of the Released Parties directly or indirectly arising out of, resulting from or relating in addition any way to those now known the subject matter of or believed to be true with respect to such claims, demands, or causes the fact and course of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsconduct underlying the releases granted herein.

Release. Company In consideration of Safeco’s delivery of the Severance Payment and the Guarantor signing the Acknowledgment other consideration and Agreement of Guarantor set forth below hereby absolutely benefits provided to Employee under this Agreement, Employee releases Safeco and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporationsits subsidiaries, insurers, indemnitorsemployee benefit plans in which Employee participates, successors and assigns thereofthe employees, together with all of the present and former directorsagents, officers, agents, attorneys, directors and employees of shareholders or any of the foregoingthem (including their respective spouses and marital communities), from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or actions, causes of action action, or damages, of any kind or nature whatsoever that Employee may now have or may ever have had against any of them, whether such claims are known or unknown, and agree including but not limited to the Claims as described below. However, nothing in this Agreement will create or imply any waiver by Employee of any claims (a) with respect to Employee’s entitlement to compensation for vested benefits arising under any Safeco retirement or welfare benefit plan, program or agreement, in accordance with the terms and conditions of such plans, (b) with respect to any breach by Safeco of its obligations under this Agreement, all of which rights will be preserved and unaffected by this release, or (c) with respect to indemnification by Safeco, to the extent that this instrument shall such indemnification rights may arise or be provided under Safeco’s Articles of Incorporation or Bylaws, in connection with Employee’s official actions (or omissions) on behalf of Safeco during the period Employee served as an officer of Safeco and remain effective in all respects notwithstanding any such differences or additional factsdirector of its subsidiaries. EMPLOYEE ACKNOWLEDGES AND AGREES THAT THROUGH THIS RELEASE EMPLOYEE IS GIVING UP ALL RIGHTS AND CLAIMS OF EVERY KIND AND NATURE WHATSOEVER, KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, THAT EMPLOYEE MAY HAVE AGAINST SAFECO AND THE ITS SUBSIDIARIES, AND THE OTHER PERSONS REFERENCED ABOVE, EXCEPT FOR THE RIGHTS SPECIFICALLY EXCLUDED ABOVE.

Release. We advise you to consult an attorney before you sign this Release. You have until the date which is seven (7) days after the Release is signed and returned to (“Company”) to change your mind and revoke your Release. Your Release shall not become effective or enforceable until after that date. In consideration for the benefits provided under your Employment Agreement dated with Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo(“Parent”), and more specifically enumerated in Exhibit 1 hereto, by your signature below you agree to accept such benefits and not to make any claims of any kind against Company, its past and present and future parent corporations, subsidiaries, divisions, subdivisions, affiliates and related companies or their successors and assigns, including without limitation Parent, or any and all participantspast, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsfuture Directors, officers, agents, attorneys, and fiduciaries or employees of any of the foregoingforegoing (all parties referred to in the foregoing are hereinafter referred to as the “Releasees”) before any agency, court or other forum, and you agree to release the Releasees from any and all claims, demands known or causes of action of any kindunknown, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim way from any actions taken by the Releasees up to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this AmendmentRelease, whether such claimsincluding, demands and causes without limiting the foregoing, any claim for wrongful discharge or breach of action are matured contract or unmatured or known or unknown. It is any claims arising under the intention Age Discrimination in Employment Act of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim1967, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 Title VII of the Civil Code Rights Act of 1964, the State Americans with Disabilities Act of California1990, which provides: “the Employee Retirement Income Security Act of 1974, Connecticut’s Fair Employment Practices Act or any other federal, state or local statute or regulation and any claim for attorneys’ fees, expenses or costs of litigation. THE PRECEDING PARAGRAPH MEANS THAT BY SIGNING THIS RELEASE YOU WILL HAVE WAIVED ANY RIGHT YOU MAY HAVE TO BRING A GENERAL RELEASE DOES NOT EXTEND LAWSUIT OR MAKE ANY LEGAL CLAIM AGAINST THE RELEASEES BASED ON ANY ACTIONS TAKEN BY THE RELEASEES UP TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME DATE OF EXECUTING THE THIS RELEASE. By signing this Release, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and you further agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.as follows:

Release. Company (a) The Borrower and each Guarantor hereby unconditionally and irrevocably remises, acquits, and fully and forever releases and discharges the Administrative Agent and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any Lenders and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors respective affiliates and assigns thereof, together with all subsidiaries of the present Administrative Agent and former directorsthe Lenders, their respective officers, servants, employees, agents, attorneys, principals, directors and employees of any of shareholders, and their respective heirs, legal representatives, successors and assigns (collectively, the foregoing, "Released Lender Parties") from any and all ----------------------- claims, demands or demands, causes of action action, obligations, remedies, suits, damages and liabilities (collectively, the "Borrower Claims") of any kindnature --------------- whatsoever, nature whether now known, suspected or descriptionclaimed, whether arising under common law, in law or equity or upon contract or tort or under any state or federal law or otherwisestatute, which Company the Borrower or any Guarantor has had, ever had or now has against the Released Lender Parties which may have arisen at any time on or has made claim prior to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands Waiver and causes of action are matured or unmatured or known or unknown. It is the intention which were in any manner related to any of the Company Loan Documents or the enforcement or attempted enforcement by the Administrative Agent or the Lenders of rights, remedies or recourses related thereto. (b) The Borrower and each Guarantor covenants and agrees never to commence, voluntarily aid in executing this release that any way, prosecute or cause to be commenced or prosecuted against any of the same shall be effective as a bar Released Lender Parties any action or other proceeding based upon any of the Borrower Claims which may have arisen at any time on or prior to each and every claim, demand and cause of action specified and in furtherance the date of this intention the Company Waiver and Guarantor each waives and relinquishes all rights and benefits under Section 1542 were in any manner related to any of the Civil Code Loan Documents. (c) The agreements of the State Borrower and each Guarantor set forth in this Section 8 shall survive termination of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORthis Waiver and the other Loan --------- Documents.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company To the extent permitted by applicable law, each Borrower and the each Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges each member of the Lender Group, each of their respective Affiliates, and any and all participantseach of their respective officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysemployees, and employees of any of agents (collectively, the foregoing“Released Parties”), from any and all claims, demands or demands, obligations, liabilities, causes of action action, damages, losses, costs and expenses of any kindkind or character, nature known or descriptionunknown, whether arising in law past or equity present, liquidated or upon contract unliquidated, suspected or tort or under any state or federal law or otherwiseunsuspected, which Company any Borrower or any Guarantor has ever had, now has or has made claim to might hereafter have against any such person for Released Party which relates, directly or by reason indirectly, to the Loan Agreement or any other Loan Document, or to any acts or omissions of any actsuch Release with respect to the Loan Agreement or any other Loan Document, omission, matter, cause or thing whatsoever arising from to the beginning of time to and including lender-borrower relationship evidenced by the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownLoan Documents. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar As to each and every claimclaim released hereunder, demand each Borrower and cause each Guarantor hereby represents that it has received the advice of action specified legal counsel with regard to the releases contained herein, and in furtherance having been so advised, each Borrower specifically waives, to the extent permitted by applicable law, the benefit of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the Civil Code of the State of California, California which providesprovides 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 MIGHT HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that As to each may hereafter discover facts different from and every claim released hereunder, each Borrower and each Guarantor also waives the benefit of each other similar provision of applicable federal or in addition state law, if any, pertaining to those now known or believed to be true general releases after having been advised by its legal counsel with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthereto.

Release. Company Pursuant to the terms of the Employment Agreement made as of _____________, between TIME WARNER INC., a Delaware corporation (the "Company"), 00 Xxxxxxxxxxx Xxxxx, Xxx Xxxx, Xxx Xxxx 00000 and the Guarantor signing undersigned (the Acknowledgment "Agreement"), and Agreement in consideration of Guarantor set forth below the payments made to me and other benefits to be received by me pursuant thereto, I, [Name], being of lawful age, do hereby absolutely and unconditionally release and forever discharge Xxxxx Fargothe Company and its officers, and any and all participantsshareholders, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officerssubsidiaries, agents, attorneys, and employees of any of the foregoingemployees, from any and all actions, causes of action, claims, or demands for general, special or causes punitive damages, attorney's fees, expenses, or other compensation, which in any way relate to or arise out of action my employment with the Company or any of any kindits subsidiaries or the termination of such employment, nature which I may now or description, whether arising in law or equity or upon contract or tort or hereafter have under any federal, state or federal law local law, regulation or otherwiseorder, which Company or Guarantor has hadincluding without limitation, now has or has made claim to have against any such person for or by reason of any actunder the Age Discrimination in Employment Act, omissionas amended, matter, cause or thing whatsoever arising from the beginning of time to through and including the date of this AmendmentRelease; provided, whether such claimshowever, demands that the execution of this Release shall not prevent the undersigned from bringing a lawsuit against the Company to enforce its obligations under the Agreement. I acknowledge that I have been given at least 21 days from the day I received a copy of this Release to sign it and causes of action are matured that I have been advised to consult an attorney. I understand that I have the right to revoke my consent to this Release for seven days following my signing. This Release shall not become effective or unmatured or known or unknown. It is enforceable until the intention expiration of the Company seven-day period following the date it is signed by me. I further state that I have read this document and Guarantor in executing this release the Agreement referred to herein, that I know the contents of both and that I have executed the same shall be effective as a bar to each and every claimmy own free act. WITNESS my hand this ____ day of ___________ , demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.____. --------------------------- [Name]

Release. (a) Notwithstanding any other provision of this Agreement or any other agreement between Company and Employee, Company shall have no obligation to pay the Guarantor signing Retention Bonus or the Acknowledgment Severance Bonus unless Employee (or his beneficiaries or heirs in the case of a payment being made on account of his death) executes and delivers to Company, and does not revoke, a release of claims in the form attached hereto as EXHIBIT 1; provided that, if any obligations under this Agreement remain outstanding as of Guarantor set forth below hereby absolutely the execution and unconditionally delivery of such release, such obligations shall be excluded from the release and forever discharge Xxxxx Fargoa further release (relating only to such obligations) shall be executed and delivered (and not revoked) by Employee upon Company's satisfaction of such remaining obligations. (b) By signing this Agreement, Employee acknowledges and agrees that (i) he has been afforded a reasonable and sufficient period of time of at least 45 days to review this Agreement (including the form of Release attached hereto as EXHIBIT 1), for deliberation thereon and for negotiation of the terms thereof, and that he has been specifically encouraged to consult with legal counsel of his choice before signing this Agreement (having been informed in writing that federal age-based claims can only be released if such person is first notified in writing that he or she has the right to consult with counsel prior to signing such a release, and having been informed in writing that benefits substantially similar to those accruing to Employee hereunder have only been offered to Xxxxxxx X. Xxxxx and Xxxxx X. Xxxxx and not to any other executive officers of Company) and all participantsthat he had a fair opportunity to do so and in fact consulted Xxxxxxx X. Xxxxxx, parent corporationsEsq. for such purpose, subsidiary corporations(b) he has carefully read and understands the terms of this Agreement (including the form of Release attached hereto as EXHIBIT 1), affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of which have been fully explained to him by his legal counsel, (c) he has signed this Agreement freely and voluntarily and without duress or coercion and with full knowledge of its significance and consequences and of the present rights relinquished, surrendered, released and former directors, officers, agents, attorneysdischarged hereunder, and employees (d) the only consideration for signing this Agreement are the terms stated herein and no other promise, agreement or representation of any kind has been made to him by any person or entity whatsoever to cause him to sign this Agreement. (c) This Agreement may be revoked in writing by Employee at any time during a period of seven calendar days following its execution by Employee. If the foregoingseven-day revocation period expires without Employee exercising his right of revocation, from the obligations of this Agreement will then become fully effective without any and all claims, demands or causes of additional action on the part of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORperson.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company AS-IS/WHERE-IS. (a) PURCHASER, ON BEHALF OF ITSELF AND ITS EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, ATTORNEYS AND OTHER REPRESENTATIVES, AND EACH OF THEM, HEREBY RELEASES SELLER FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, OBLIGATIONS, DAMAGES AND LIABILITIES OF ANY NATURE WHATSOEVER, WHETHER ALLEGED UNDER ANY STATUTE, COMMON LAW OR OTHERWISE, DIRECTLY OR INDIRECTLY, ARISING OUT OF OR RELATED TO THE CONDITION, OPERATION OR ECONOMIC PERFORMANCE OF THE PROPERTY. (b) Except for the representations of Seller set forth in Section 14(a) and those warranties of title to be included in the Deed, Seller is not making any representations or warranties with respect to the Property, and the Guarantor signing Property is being sold “AS-IS, WHERE-IS WITH NO REPRESENTATIONS OR WARRANTIES EXPRESSED OR IMPLIED AND WITH ALL FAULTS” in accordance with the Acknowledgment provisions of this Section 15, it being understood and Agreement agreed that the Purchase Price has been adjusted by prior negotiation to reflect that the Property is being sold by Seller and purchased by Purchaser to the foregoing. Purchaser has or shall perform its own due diligence in determining whether to purchase the Property and Purchaser is not relying on any representations or warranties of Guarantor set forth below hereby absolutely Seller in determining whether to purchase the Property. Except for those warranties of title to be included in the Deed, Purchaser acknowledges and unconditionally release agrees that Seller has not made, does not make and forever discharge Xxxxx Fargospecifically negates and disclaims any representations, and warranties, promises, covenants, agreements or guaranties of any kind or character whatsoever, whether express or implied, oral or written, past, present or future of, as to, concerning or with respect to: (a) the value of the Property; (b) the income to be derived from the Property; (c) the suitability of the Property for any and all participantsactivities and uses which Purchaser may conduct thereon, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all including any development of the present Property; (d) the habitability, merchantability, marketability, profitability or fitness for a particular purpose of the Property; (e) the manner, quality, state of repair or lack of repair of the Property; (f) the nature, quality or condition of the Property, including, without limitation, the water, soil and former directorsgeology; (g) the compliance of or by the Property or its operation with any laws, officersrules, agents, attorneys, and employees ordinances or regulations of any applicable governmental authority or body; (h) the manner, condition or quality of the foregoingconstruction or materials incorporated into the Property; (i) compliance with any environmental protection, from any and all claimspollution or land use laws, demands rules, regulations, orders or causes requirements; (j) the presence or absence of action of any kindhazardous materials at, nature on, under or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim adjacent to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.Property;

Release. Company As of the Closing, Recipient shall hereby fully and the Guarantor signing the Acknowledgment irrevocably releases Contributor and Agreement all persons and entities acting by or on behalf of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoContributor, and any all direct and all participantsindirect parents, parent corporationsmembers, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorspartners, officers, agentsdirectors, attorneys, shareholders and employees of Contributor and any of the foregoing, and any agent, affiliate, successor or assign of Contributor and any of the foregoing (collectively, the “Contributor Group”) from any and all claimsclaims that Recipient may have or thereafter acquire against Contributor and/or the Contributor Group (except to the extent such claim arises from a third party claim against Recipient relating to an incident occurring prior to the Closing Date) for any cost, demands loss, liability, damage, expense, demand, action or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance ("Claims") arising from or related to any matter of this intention any nature relating to, the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 Property including the physical condition of the Property, any latent or patent construction defects, errors or omissions, compliance with law matters, Hazardous Substances and other environmental matters within, under or upon, or in the vicinity of the Property, including any environmental laws. The foregoing release by Recipient shall include any Claims that Recipient may have pursuant to any statutory or common law right Recipient may have to receive disclosures from Contributor, including any disclosures as to the Property's location within areas designated as subject to flooding, fire, seismic or earthquake risks by any federal, state or local entity, the presence of Hazardous Substances on or beneath the Property, the need to obtain flood insurance, the certification of water heater bracing or the advisability of obtaining title insurance, or any other condition or circumstance affecting the Property, its financial viability, use or operation, or any portion thereof. This release includes Claims of which Recipient is presently unaware or which Recipient does not presently suspect to exist in its favor which, if known by Recipient, would materially affect Recipient’s release of Contributor or the Contributor Group. In connection with the general release set forth in this Section 9.5, Recipient specifically waives the provisions of California Civil Code Section 1542, which provides as follows: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." /s/ GS Recipient's Initials Notwithstanding anything to the contrary set forth in this Section 9.5, the foregoing release is not intended to and does not cover: (i) any claims arising from a breach of Contributor’s Express Representations and (ii) any other breach by Contributor of an Express Representation, warranty or obligation of Contributor under this Agreement or any of the State of California, closing documents which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORby its terms survives the Closing.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company (a) Effective as of the Closing Date, except with respect to ordinary course trade payables and accrued royalties existing as of the Guarantor signing Closing Date and owed to Purchaser or its Affiliates irrespective of the Acknowledgment transactions contemplated by this Agreement, if any, Purchaser, on behalf of itself, Holdings and Agreement their Subsidiaries, and each of Guarantor set forth below the Conveyed Companies (the “Purchaser Releasors”), hereby absolutely and unconditionally release releases, acquits and forever discharge Xxxxx Fargodischarges, to the fullest extent permitted by Law, each of Seller, the stockholders of Seller and each of their respective past, present or future officers, managers, directors, stockholders, partners, members, Affiliates, employees, counsel and agents (each, a “Seller Releasee”) of, from and against any and all participantsactions, parent corporationscauses of action, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes demands, damages, judgments, debts, dues and suits of action of any every kind, nature or descriptionand description whatsoever, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisein equity, which Company or Guarantor has such Purchaser Releasor ever had, now has or has made claim to may in the future have against any such person for on or by reason of any act, omission, matter, cause or thing whatsoever arising from related to the beginning of time Business, the Purchased Assets, Assumed Liabilities or Conveyed Companies prior to the Closing Date (other than any Assumed Intercompany Payables or Assumed Intercompany Receivables) but only to the extent that such cause, matter or thing does not otherwise constitute fraud. Each Purchaser Releasor covenants and including the date of this Amendmentagrees not to, whether such claimsnor shall any Purchaser Releasor cause its respective Subsidiaries to, demands and causes of action are matured or unmatured or known or unknown. It is the intention assert any claim released hereby against any Seller Releasee. (b) Effective as of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimClosing Date, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true except with respect to ordinary course trade payables and accrued royalties existing as of the Closing Date and owed to Seller or its Affiliates irrespective of the transactions contemplated by this Agreement from Purchaser or its Subsidiaries prior to the Closing (and specifically excluding any such amounts owed from a Conveyed Company, which shall be released hereby unless an Assumed Intercompany Payable), if any, Seller, on behalf of itself and its Affiliates (including the Equity Selling Entities and the Asset Selling Entities but not including the Conveyed Companies) and its and their heirs, legal representatives, successors and assigns (collectively, with Seller, the “Seller Releasors”), hereby releases, acquits and forever discharges, to the fullest extent permitted by Law, each of Purchaser, the stockholders and Subsidiaries (including, after the Closing, the Conveyed Companies) of Purchaser and each of their respective past, present or future officers, managers, directors, stockholders, partners, members, employees, counsel and agents (each, a “Purchaser Releasee”) of, from and against any and all actions, causes of action, claims, demands, damages, judgments, debts, dues and suits of every kind, nature and description whatsoever, in law or causes in equity, which such Seller Releasor or its heirs, legal representatives, successors or assigns ever had, now has or may in the future have on or by reason of action any matter, cause or thing whatsoever related to the Business, the Purchased Assets, Assumed Liabilities or Conveyed Companies prior to the Closing Date (other than any Assumed Intercompany Payables or Assumed Intercompany Receivables) but only to the extent that such cause, matter or thing does not otherwise constitute fraud. Each Seller Releasor covenants and agree that agrees not to, and agrees to cause its respective Affiliates and Subsidiaries not to, assert any claim released hereby against any Purchaser Releasee. (c) Notwithstanding anything contained in this instrument Section 10.16 to the contrary, the release set forth in this Section 10.16 shall be and remain effective in all respects notwithstanding not affect or release the obligations of the Parties under this Agreement, the Transaction Documents, the Confidentiality Agreement or under any such differences or additional factsother agreement entered into pursuant to the terms of this Agreement.

Release. Company (a) Director acknowledges that he has no existing claims or defenses, personal or otherwise, or rights of set off whatsoever against Saehan, except as expressly provided herein. For and in consideration of the consummation of the Merger and the Guarantor signing other transactions contemplated by the Acknowledgment Merger Agreement, Director, for himself and Agreement on behalf of Guarantor set forth below hereby absolutely his heirs and unconditionally release assigns (the “Director Releasing Parties”), releases, acquits and forever discharge Xxxxx Fargodischarges Saehan and its Subsidiaries, and any and all participantspredecessors, parent corporationssuccessors, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsassigns, officers, agentsdirectors, attorneysemployees, agents and servants, and employees of all persons, natural or corporate, in privity with them or any of the foregoingthem, from any and all claims, demands claims or causes of action of any kindkind whatsoever, nature or descriptionat common law, whether arising in law or equity or upon contract or tort or under any state or federal law statutory or otherwise, which Company the Director Releasing Parties, or Guarantor has hadany of them, now has or has made claim to have against any such person for or by reason of any acthas, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is , now existing or that may hereafter arise in respect of any and all agreements and obligations incurred on or prior to the intention date hereof, or in respect of any event occurring or circumstances existing on or prior to the Company date hereof; provided, however, that Saehan and Guarantor its Subsidiaries shall not be released from any obligations or liabilities to Director in executing this release that connection with any deposits, accounts, fees, accrued benefits or other written contractual obligations of Saehan to Director as set forth on Schedule 1 attached hereto or any potential claim for indemnification under Saehan’s articles of incorporation or bylaws (in each case as in existence on the same shall be effective date hereof) for any matters arising in connection with the Director’s service as a bar director or officer of Saehan or any Saehan Subsidiary relating to each and every claimacts, demand and cause of action specified and in furtherance of this intention circumstances, actions or omissions arising on or prior to the Company and Guarantor each date hereof to the extent such claims have not been asserted or are not known to Director. (b) Director expressly waives and relinquishes all rights and benefits under afforded by Section 1542 of the California Civil Code—and any similar federal law or law of any other jurisdiction—and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the California Civil Code states as follows: Thus, notwithstanding the provisions of Section 1542, and for the State purpose of Californiaimplementing a full and complete release, Director expressly acknowledges that the release above is intended to include in its effect, without limitation, any and all claims which provides: “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 RELEASEDirector does not know or suspect to exist in his favor at the time of execution hereof, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORand that this Agreement contemplates the extinguishment of such claims.” The parties acknowledge (c) It is expressly understood and agreed that each may hereafter discover facts different from the terms hereof are contractual and not merely recitals, and that the agreements herein contained and the consideration herein transferred is to compromise doubtful and disputed claims, and that no releases made or other consideration given hereby or in addition to those now known or believed to connection herewith shall be true with respect to construed as an admission of liability, all liability being expressly denied by Saehan and the Saehan Subsidiaries. Director hereby represents and warrants that the consideration hereby acknowledged for entering into this Agreement and the transactions contemplated hereby is greater than the value of all claims, demands, actions and causes of action herein relinquished, released, renounced, abandoned, acquitted, waived and/or discharged, and that this Agreement is in full settlement, satisfaction and discharge of any and all such claims, demands, or actions, and causes of action that Director may have or be entitled to against Saehan and agree that this instrument shall be its Subsidiaries, and remain effective its predecessors, assigns, legal representatives, officers, directors, employees, attorneys and agents other than obligations or liabilities to Director in all respects notwithstanding connection with any such differences deposits, accounts, fees, accrued benefits or additional factsother written contractual obligations of Saehan and its Subsidiaries to Director as set forth on Schedule 2 attached hereto.

Release. Company and (a) Borrower acknowledges that Bank would not enter into this Amendment without Borrower’s assurance hereunder. Except for the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below obligations arising hereafter under this Amendment, Borrower hereby absolutely discharges and unconditionally release and forever discharge Xxxxx Fargoreleases Ex Im Bank, and Bank, any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all person or entity that has obtained any interest from Bank under any of the Loan Documents and each of Ex Im Bank’s, Bank’s and such entity’s former and present and former directorspartners, stockholders, officers, agentsdirectors, attorneysemployees, successors, assignees, agents and attorneys from any known or unknown claims which Borrower now has against Bank and/or Ex Im Bank of any nature, including any claims that Borrower, its successors, counsel, and employees advisors may in the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or pursuant to any other theory of liability, including but not limited to any claims arising out of or related to any of the foregoing, from any and all claims, demands Loan Documents or causes the transactions contemplated thereby. (b) Borrower waives the provisions of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwiseCalifornia Civil Code Section 1542, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which providesstates: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (c) The parties acknowledge provisions, waivers and releases set forth in this section are binding upon Borrower and Borrower’s shareholders, agents, employees, assigns and successors in interest. The provisions, waivers and releases of this section shall inure to the benefit of Bank and its agents, employees, officers, directors, assigns and successors in interest. (d) Borrower warrants and represents that each may hereafter discover facts different from Borrower is the sole and lawful owner of all right, title and interest in and to all of the claims released hereby and Borrower has not heretofore voluntarily, by operation of law or in addition otherwise, assigned or transferred or purported to those now known assign or believed transfer to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any person any such differences claim or additional factsany portion thereof. Borrower shall indemnify and hold harmless Bank from and against any claim, demand, damage, debt, liability (including payment of attorneys’ fees and costs actually incurred whether or not litigation is commenced) based on or arising out of any assignment or transfer. (e) The provisions of this section shall survive payment in full of the Indebtedness, full performance of all the terms of this Amendment and the Loan Documents, and/or Bank’s actions to exercise any remedy available under the Loan Documents or otherwise.

Release. Until the Release Date and subject to Article Four of the Original Indenture, the Bonds of the related series issued and delivered to the Trustee shall serve as security for any and all obligations of the Company under all Notes from time to time Outstanding, including, but not limited to (1) the full and prompt payment of the principal and premium, if any, on the Notes when and as the same shall become due and payable in accordance with the terms and provisions of the Indenture or the Notes, either at the Stated Maturity thereof, upon acceleration of the maturity thereof, upon redemption, or otherwise, and (2) the full and prompt payment of any interest on the Notes when and as the same shall become due and payable in accordance with the terms and provisions of this Indenture or the Notes including, if and to the extent provided for in the Notes, interest on overdue installments of principal and (to the extent permitted by law) interest on overdue installments of interest. Each supplemental indenture to the Mortgage pursuant to which any Bonds are issued shall contain a provision to the effect that any payment by the Company hereunder of principal of or premium or interest on Notes which shall have been authenticated and delivered in connection with the issuance and delivery to the Trustee of such Bonds (other than by the application of the proceeds of a payment in respect of such Bonds) shall to the extent thereof, be deemed to satisfy and discharge the obligation of the Company, if any, to make a payment of principal, premium or interest, as the case may be, in respect of such Bonds which is then due. Notwithstanding anything in the Original Indenture to the contrary, from and after the Release Date, the obligation of the Company to make payment with respect to the principal of and premium, if any, and interest on the Bonds shall be deemed satisfied and discharged as provided in the supplemental indenture or indentures to the Mortgage creating such Bonds and the Guarantor signing Bonds shall cease to secure in any manner Notes theretofore or subsequently issued; the Acknowledgment Trustee shall thereupon surrender the Bonds to the Mortgage Trustee for cancellation and Agreement execute and deliver such proper instruments of Guarantor set forth below hereby absolutely release as may be required. From and unconditionally release and forever discharge Xxxxx Fargoafter the Release Date, all Notes, whether theretofore or subsequently issued, shall, at the Company's option, either (i) become unsecured or (ii) be secured by Substitute Mortgage Bonds pursuant to Section 4.03 below, and any conditions to the issuance of Notes that refer or relate to Bonds or the Mortgage shall be inapplicable (except as such conditions shall be deemed to refer to Substitute Mortgage Bonds or a Substitute Mortgage pursuant to Section 4.03 below). From and after the Release Date, the Company shall not issue any additional Mortgage Bonds, including Pledged Bonds, under the Mortgage. Notice of the occurrence of the Release Date shall be given by the Trustee to the Holders of the Notes in the manner provided for in the Original Indenture not later than 30 days after the Company notifies the Trustee of the occurrence of the Release Date. In connection with the establishment of the occurrence of the Release Date, the Trustee shall be entitled to receive, may presume the correctness of, and shall be fully protected in relying upon, an Officers' Certificate designating the Release Date and stating that the conditions to the occurrence of the Release Date have been satisfied. When the obligation of the Company to make payments with respect to the principal of, and premium, if any, and interest on all participantsor any part of the Bonds shall be satisfied or deemed satisfied pursuant to the Original Indenture or pursuant to this Supplemental Indenture, parent corporationsthe Trustee shall, subsidiary corporationsupon written request of the Company, affiliated corporations, insurers, indemnitors, successors and assigns thereofdeliver to the Company without charge therefor all of the Bonds so satisfied or deemed satisfied, together with all such appropriate instruments of transfer or release as may be reasonably requested by the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim Company. All Bonds delivered to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing accordance with this release that the same Section shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention delivered by the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of to the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORMortgage Trustee for cancellation.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and (a) As of the Guarantor signing the Acknowledgment and Agreement of Guarantor Closing Date and, except as may be set forth below in Section 6.2. of this Agreement, each of the Sellers does hereby absolutely for himself and unconditionally release his successors and assigns remise, release, acquit and forever discharge Xxxxx Fargothe Buyer, the Company, and any their respective affiliates, and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, their successors and assigns thereofassigns, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands demands, liabilities, responsibilities, disputes, causes of action and obligations of every nature whatsoever, liquidated or unliquidated, known or unknown, matured or unmatured, fixed or contingent, that such Seller or its affiliates now has, owns or holds or has at any time previously had, owned or held against such parties, including without limitation all liabilities created as a result of the negligence, gross negligence and willful acts of the Company and its employees and agents, or under a theory of strict liability, existing as of the Closing Date or relating to any action, omission or event occurring on or prior to the Closing Date; provided, however, that any claims, liabilities, debts or causes of action that may arise in connection with the failure of any kind, nature or description, whether arising in law or equity or upon contract or tort of the parties hereto to perform any of their obligations hereunder or under any state other agreement relating to the transactions contemplated hereby or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against from any such person for or breaches by reason any of them of any actrepresentations or warranties herein or in connection with any of such other agreements shall not be released or discharged pursuant to this Agreement. (b) Each of the Sellers represents and warrants that, omissionhe has not previously assigned or transferred, matteror purported to assign or transfer, cause to any person or thing entity whatsoever arising from all or any part of the beginning of time to and including the date of this Amendment, whether such claims, demands and demands, liabilities, responsibilities, disputes, causes of action are matured or unmatured obligations released herein. Each of the Sellers covenants and agrees that such Seller will not assign or known transfer to any person or unknownentity whatsoever all or any part of the claims, demands, liabilities, responsibilities, disputes, causes of action or obligations to be released herein. It Each of the Sellers represents and warrants that such Seller has read and understands all of the provisions of this Section 8. and that he has been represented by legal counsel of his own choosing in connection with the negotiation, execution and delivery of this Agreement. (c) The release provided by the Sellers pursuant to this Section 8. shall apply notwithstanding that the matter for which release is provided may relate to the ordinary, sole or contributory negligence, gross negligence, willful misconduct or violation of law by a released party, including the Buyer and the Company and their respective officers, directors, employees and agents, and for liabilities based on theories of strict liability, and shall be applicable whether or not negligence of the released party is alleged or proven, it being the intention of the Company parties to release the released party from and Guarantor in executing this release that against its ordinary, sole and contributory negligence and gross negligence as well as liabilities based on the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 willful actions or omissions of the Civil Code released party and liabilities based on theories of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORstrict liability.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and Lessee unconditionally release waives, releases, acquits and forever discharge Xxxxx Fargodischarges Lessor and its trustees, and any and all participantsofficers, parent corporationsemployees, subsidiary corporations, affiliated corporations, insurers, indemnitorsaffiliates, successors and assigns thereof(collectively, together with all of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, “Lessor Parties”) from any and all actions, omissions, losses, claims, demands or causes of action actions, demands, rights, damages, costs, expenses or compensation whatsoever, direct or indirect, known or unknown, liquidated or unliquidated, foreseen or unforeseen, which may at any time be associated with the Leasehold Interest or which Lessee may now have or which may arise in the future on account of or in any kindway related to, nature connected with or descriptionarising from any value, whether arising nature, quality, feature, characteristic, circumstance, communication, term or condition about or of the Property, the Lease, the Leasehold Interest, the terms and conditions of the Lease or the Leasehold Interest, or Lessor’s decision to offer the Amendment to its lessees, including without limitation the extension rights described in law Recital D above, the timing and the terms upon which the extension rights are offered, Lessor’s requirement that in exchange for the foregoing Lessor be granted the right of first offer described in Recital D above or equity Lessor’s decision not to offer any different benefits or terms (all of which are collectively referred to in this Release as the “Released Claims”). In connection with such release and to the extent of the Released Claims, Lessee waives any and all rights and benefits conferred upon contract it by the provisions of Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or tort suspect to exist in his or under 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,” and all rights and benefits conferred by any analogous state or federal law or otherwise, which Company regulation or Guarantor has had, now has or has made claim to have against any such person for or by reason common law principles of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORsimilar effect.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In consideration of the benefits provided to each of Agri-Energy and the Guarantor signing the Acknowledgment Gevo under this Amendment, each of Agri-Energy and Agreement Gevo hereby agrees as follows: (a) Agri-Energy and Gevo, for themselves and on behalf of Guarantor set forth below their respective successors and assigns, do hereby absolutely and unconditionally release release, acquit and forever discharge Xxxxx FargoTriplePoint, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the past or present and former directors, officers, agentsdirectors, attorneys, affiliates, employees and employees agents of any TriplePoint, and each of the foregoingtheir respective successors and assigns, from any and all claims, demands or demands, obligations, liabilities, causes of action action, offsets, damages, costs or expenses, of any kindevery type, nature kind or descriptionnature, whether arising known or unknown, suspected or unsuspected, liquidated or unliquidated, including any claims that Agri-Energy, Gevo and their respective successors, counsel and advisors may in law or equity or upon contract or the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or under pursuant to any state other theory of liability, that Agri-Energy or federal law or otherwise, which Company or Guarantor has had, Gevo now has or has made claim to have may acquire against any such person for one or by reason more of any actthem, omission, matter, cause arising out of events or thing whatsoever arising from the beginning of time to and including transactions which occurred on or before the date hereof (each a “Released Claim” and collectively, the “Released Claims”), including without limitation, those Released Claims arising out of or connected with the transactions arising under or related to any of the Loan Documents. (b) Each individual signing this Amendment on behalf of Agri-Energy and Gevo acknowledges that he or she has read each of the provisions of this Amendmentsection, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is has had the intention of opportunity to review the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance legal consequences of this intention section with an attorney. Agri-Energy and Gevo acknowledge and agree that they are aware of, familiar with, understand, and expressly waive the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the California Civil Code of Code, and any other similar statute, code, law or regulation to the State of California, which fullest extent it may waive such rights and benefits. Section 1542 provides: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (c) The parties acknowledge provisions, waivers and releases set forth in this Section are binding upon Agri-Energy, Gevo and their respective assigns and successors in interest. The provisions, waivers and releases of this Section shall inure to the benefit of TriplePoint and its agents, employees, officers, directors, assigns and successors in interest. Agri-Energy and Gevo warrant and represent that each may hereafter discover facts different they are the sole and lawful owner of all right, title and interest in and to all of the claims released hereby and they have not heretofore voluntarily, by operation of law or otherwise, assigned or transferred or purported to assign or transfer to any person any such claim or any portion thereof. Each of Agri-Energy and Gevo shall indemnify and hold harmless TriplePoint from and against any claim, demand, damage, debt and liability (including payment of attorneys’ fees and costs actually incurred whether or in addition to those now known not litigation is commenced) based on or believed arising out of any such assignment or transfer. The provisions of this section shall survive the date hereof. Nothing herein is or should be construed to be true with respect to such claims, demands, a release of claims against Agri-Energy or causes Gevo or a satisfaction of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsindebtedness.

Release. Company and Except as otherwise provided herein, effective as of the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Restatement Date, Rutenberg does hereby absolutely and unconditionally release release, remise, acquit and forever discharge Xxxxx Fargo, NSI and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the its present and former officers, directors, officersexecutives, agents, attorneys, employees, affiliated companies, divisions, subsidiaries, successors, predecessors and employees assigns (collectively, the "Released Parties"), of any of the foregoing, and from any and all claims, demands or actions, causes of action action, demands, rights, damages, debts, sums of any kindmoney, accounts, financial obligations, suits, expenses, attorneys' fees and liabilities of whatever kind or nature or descriptionin law, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, whether now known or unknown, suspected or unsuspected, which Company Rutenberg, individually or Guarantor as a member of a class, now has, owns or holds, or has at any time heretofore had, now has owned or has made claim to have held, against any such person Released Party arising out of or in any way connected with Rutenberg's employment relationship with NSI, its subsidiaries, predecessors or affiliated entities, or any event occurring or state of facts existing on or before the Restatement Date, including, without limitation, any claims for severance or by reason vacation benefits, unpaid wages, salary or incentive payment, breach of contract, wrongful discharge, impairment of economic opportunity, intentional infliction of emotional harm or other tort, or employment discrimination under any applicable federal, state or local statute, provision, order or regulation including, but not limited to, any claim under Title VII of the Civil Rights Act ("Title VII"), the Federal Age Discrimination in Employment Act ("ADEA") and any similar or analogous state statute excepting only: (a) those liabilities and obligations that this Restated Agreement expressly creates or expressly provides which will continue in force in accordance with this Restated Agreement; and (b) any claims for benefits under any employee benefit plan of the Company (within the meaning of Section 3(3) of the Employee Retirement Income Security Act of 1974, as amended). Rutenberg acknowledges and agrees no provision of this Restated Agreement is to be construed in any way as an admission of any actliability whatsoever by any Released Party under any federal or state statute or the principles of common law, omissionany such liability having been expressly denied. Rutenberg acknowledges and agrees that he has not, matter, cause with respect to any transaction or thing whatsoever arising from the beginning state of time facts existing prior to and including the date of execution of this AmendmentRestated Agreement, whether such claimsfiled any complaints, demands and causes of action are matured charges or unmatured or known or unknown. It is the intention lawsuits against any of the Company Released Parties with any governmental agency or any court or tribunal, and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORhe will not do so at any time hereafter.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Each Seller hereby acknowledges that the Indemnified Party (as defined below) are expressly relying on this release provision in consummating the transactions contemplated by this Agreement, and would not consummate such transactions but for this release provision. Each Seller hereby acknowledges, confirms and agrees that such Seller (a) is the exclusive owner of the Company Shares being sold by such Seller to the Buyer hereunder, (b) does not have any equity interest in the Company other than the Company Shares being sold to the Buyer hereunder, and (c) does not have any rights to any additional shares of the capital stock or any other securities of the Company, including any options, warrants, conversion privileges, preemptive rights or other rights or agreements. Each Seller, on behalf of such Seller and each of such Seller’s respective Affiliates (if any), hereby releases and forever discharges each Buyer, the Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorstheir respective Affiliates, officers, agentsdirectors, attorneysemployees and agents (collectively, and employees of any of the foregoing, “Indemnified Party”) from any and all claims, demands or demands, judgments, proceedings, causes of action of any kindaction, nature or descriptionorders, obligations, contracts, agreements, liens, accounts, costs and expenses (including attorney’s fees and court costs), debts and liabilities whatsoever, whether arising known or unknown, suspected or unsuspected, matured or un-matured, both at law (including federal and state securities laws) and in law or equity or upon contract or tort or under any state or federal law or otherwiseequity, which Company such Seller or Guarantor has hadany of such Seller’s respective Affiliates now have, now has have ever had or has made claim to may hereafter have against any such person for the Indemnified Party arising contemporaneously with or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time prior to and including the date of this AmendmentAgreement or on account of or arising out of any matter, cause, event or omission occurring contemporaneously with or prior to the date of this Agreement, including, but not limited to, any rights to indemnification or reimbursement from the Company, whether such claimspursuant to the Company’s articles of organization, demands resolution, contract or otherwise and causes whether or not relating to claims pending on, or asserted after, the date of action are matured or unmatured or known or unknown. It is the intention this Release; provided, however, that nothing contained herein shall operate to release any obligations of the Company and Guarantor in executing this release that Buyer to the same shall be effective Sellers arising exclusively as a bar to each and every claim, demand and cause of action specified and in furtherance result of this intention Agreement. Each Seller hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand, or commencing, instituting or causing to be commenced, any proceeding of any kind against any Indemnified Party, based upon any matter purported to be released hereby. Without in any way limiting any of the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiaremedies otherwise available to any Indemnified Party, which provides: “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 RELEASEeach Seller shall indemnify and hold harmless each Indemnified Party from and against all actions, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such suits, proceedings, hearings, investigations, charges, complaints, claims, demands, injunctions, judgments, orders, decrees, rulings, damages, dues, penalties, fines, costs, amounts paid in settlement, liabilities, obligations, security interests, taxes, liens, losses, lost value, expenses and fees arising directly or causes indirectly from or in connection with (i) the assertion by or on behalf of action such Seller or such Seller’s Affiliates of any claim or other matter purported to be released pursuant to this provision and agree that (ii) the assertion by any third party of any claim or demand against any Indemnified Party which claim or demand arises directly or indirectly from, or in connection with, any assertion by or on behalf of such Seller, or any of such Seller’s Affiliates against any third party of any claims or other matters purported to be released pursuant to this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsprovision.

Release. Company From and after the Effective Time, each Stockholder finally and forever releases Purchaser and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoCompany, and any and all participantstheir respective successors, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsassigns, officers, agentsdirectors, attorneysservants, employees and employees all affiliates and Subsidiaries, past and present, of Purchaser and the Company (the “Releasees”) from each and every agreement, commitment, indebtedness, obligation and claim of every nature and kind whatsoever, known or unknown, suspected or unsuspected (each, a “Claim” and collectively, the “Claims”) that (A)such Stockholder may have had in the past, may have as of the date hereof or, to the extent arising from or in connection with any act, omission or state of facts taken or existing on or prior to the date hereof, may have after the date hereof against any of the foregoing, from any Releasees and all claims, demands (B) has arisen or causes arises directly out of action such Stockholder’s interest as a stockholder of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which the Company or Guarantor has had, now has or has made claim any of its Subsidiaries; except with respect to have against (i) any such person for or Claims as are contemplated by reason this Agreement, the Merger Agreement and the transactions contemplated hereby and thereby and (ii) any agreement, commitment, indebtedness, obligation and claim of any actevery nature and kind whatsoever, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown, suspected or unsuspected claim that has arisen or arises directly from an obligation on behalf of the Company or any of its Subsidiaries to indemnify or hold harmless such Stockholder (all such Claims being the “Released Claims”). It Without limiting the provisions set forth above, each Stockholder acknowledges that it has been advised by legal counsel and is familiar with the provisions of California Civil Code Section 1542, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Pursuant to this statute, as well as any other statutes or common-law principles, whether of federal or state origin, of similar effect, such Stockholder expressly waives any rights with respect to any of the Released Claims, which such Stockholder may have. In connection with such waivers, such Stockholder acknowledges that it is aware that it may later discover claims presently unknown or unsuspected, or facts in addition to or different from those which it now knows or believes to be true, with respect to the matters released hereby. Nevertheless, it is the intention of the Company such Stockholder, and Guarantor in executing each of them, through this release, fully, finally and forever to settle and release all such claims and/or facts. The parties hereto intend that the same shall provisions regarding the Released Claims be effective construed as a bar to each broadly as possible, and every claimincorporate herein similar federal, demand and cause state or other laws, all of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiawhich, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsthe Released Claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsare similarly waived by each Stockholder.

Release. Company For purposes of this Paragraph 6, the term “Borrower Parties” shall mean Borrowers and Guarantors collectively and the Guarantor signing the Acknowledgment term “Lender Parties” shall mean Administrative Agent, Lenders and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoIssuing Bank, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitorsshall include each of their respective predecessors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysassigns, and employees each past and present, direct and indirect, parent, subsidiary and affiliated entity of any each of the foregoing, from and each past and present employee, agent, attorney in fact, attorney at law, representative, officer, director, shareholder, partner and joint venturer of each of the foregoing, and each heir, executor, administrator, successor and assign of each of the foregoing; references in this paragraph to “any” of such parties shall be deemed to mean “any one or more” of such parties; and all references in this sentence to “each of the foregoing” shall mean and refer cumulatively to each party referred to in this sentence up to the point of such reference. Each Borrower and each Guarantor hereby acknowledges, represents and agrees: that, as of the date hereof, Borrowers and Guarantors have no defenses, setoffs, claims, demands counterclaims or causes of action of any kind, kind or nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such the Credit Agreement, the Subsidiary Guaranty Agreement, the other Loan Documents or the Obligations, or with respect to any other documents or instruments now or heretofore evidencing, securing or in any way relating to the Obligations (all of said defenses, setoffs, claims, demands, counterclaims or causes of action being hereinafter referred to as “Loan Related Claims”); that, to the extent that Borrowers or Guarantors may be deemed to have any Loan Related Claims as of the date hereof, Borrowers and agree Guarantors do hereby expressly waive, release and relinquish any and all such Loan Related Claims, whether or not known to or suspected by Borrowers and Guarantors; that Borrowers and Guarantors shall not institute or cause to be instituted any legal action or proceeding of any kind based upon any Loan Related Claims; and that Borrowers and Guarantors shall indemnify, hold harmless and defend all Lender Parties from and against any and all Loan Related Claims and any and all losses, damages, liabilities and related reasonable expenses (including reasonable fees, charges and disbursements of any counsel for any Lender Parties) suffered or incurred by any Lender Parties as a result of any assertion or allegation by any Borrower Parties of any Loan Related Claims or as a result of any legal action related thereto, provided that such indemnity shall not, as to any Lender Parties, be available to the extent that such losses, claims, damages, liabilities or related expenses are determined by a court of competent jurisdiction by final and non-appealable judgment to have resulted from (i) the gross negligence or willful misconduct of such Lender Parties or (ii) a claim brought by any Borrower or Guarantor against any Lender Parties for breach in bad faith of such Lender Parties’ obligations under any Loan Document. Notwithstanding the foregoing provisions of this instrument shall be Paragraph 8, Borrowers and remain effective in all respects notwithstanding Guarantors make no such releases, representations, warranties, standstills or agreements with respect to any such differences or additional factsfuture Loan Related Claims.

Release. Company and The Collateral Agent shall have received: (i) certified copies of Uniform Commercial Code Requests for Information or Copies (Form UCC-11), or a similar search report certified by a party acceptable to the Guarantor signing Administrative Agent, dated a date reasonably near to the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoClosing Date, and listing all effective Financing Statements which name Holdings, the Borrower or any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereofSubsidiary thereof (under its present names or any previous name) as the debtor, together with copies of such Financing Statements (none of which shall cover any Collateral, other than Financing Statements that evidence (A) Liens granted in connection with the Existing Senior Secured Credit Facility or (B) Liens permitted to exist hereunder after the Closing Date); (ii) appropriately completed copies, which have been duly authorized for filing by the appropriate Person, of each UCC Financing Statement Amendment (Form UCC-3) termination statement, if any, necessary to release all Liens of any Person in any Collateral previously granted by the Borrower or any of its Subsidiaries to the extent not permitted under the Revolving Loan Documents after the Closing Date (including (A) Liens granted in connection with the Existing Senior Secured Credit Facility and (B) other existing Liens which are not permitted hereunder after the Closing Date); (iii) such releases, reconveyances, satisfactions or other instruments as it may reasonably request to confirm the release, satisfaction and discharge in full of all mortgages and deeds of trust at any time delivered by the Borrower or any of its Subsidiaries to secure any Obligations in respect of the present Existing Senior Secured Credit Facility, duly executed, delivered and former directorsacknowledged in recordable form by the grantee named therein or its of record successors or assigns; and (iv) a letter or letters (in form and substance reasonably satisfactory to the Administrative Agent) addressed to the Collateral Agent, officersthe First Priority Indenture Trustee, agentsthe Second Priority Indenture Trustee, attorneysthe Third Priority Indenture Trustee, the Administrative Agent, the First Priority Term Loan Administrative Agent and employees of any the Second Priority Term Loan Administrative Agent executed and delivered by the Existing Credit Administrative Agent, stating the amount (the "Payout Amount") required to pay in full in cash at the Closing Date all outstanding Obligations under or in respect of the foregoing, from any and all claims, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORExisting Senior Secured Credit Facility.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Each Purchaser hereby absolutely irrevocably and unconditionally release releases and forever discharge Xxxxx Fargodischarges the Company, its subsidiaries and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all each of the present their respective current and former directors, officers, agentsemployees, attorneysfiduciaries, representatives, affiliates, shareholders, controlling persons, successors and employees of any of the foregoingassigns (each, a “Releasee”) from any and all actions, causes of action, claims, demands suits, setoffs, demands, proceedings, orders, obligations, contracts, agreements, debts, damages and other liabilities whatsoever, whether known or causes unknown, suspected or unsuspected, both at law and in equity (collectively, “Claims”) which any of action the Purchasers now has, has ever had, or may hereafter have against a Releasee, related to the purchase of the notes and warrants pursuant to the Prior Agreement. The Purchasers agree that this Section 8.19 shall act as a release of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim and all Claims that may arise from conduct prior to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, Agreement whether such claimsClaims are known, demands and causes of action are matured unknown, foreseen, or unmatured unforeseen, liquidated or known unliquidated, xxxxxx or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claiminchoate, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under notwithstanding Section 1542 of the California Civil Code of the State of California, which provides: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” . The parties Parties understand and acknowledge the significance and consequence of such specific waiver of Section 1542 and laws of similar import of Delaware and hereby assume full responsibility for any injuries, damages, losses, or liability that each they may hereafter discover facts different from incur from, arising out of or in addition to those now known or believed to be true with respect to such claims, demands, or causes otherwise by virtue of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsthe Prior Agreement.

Release. Effective upon the Closing, each Seller, on behalf of itself and its current and former controlled affiliates (other than, in respect of such Seller, the other Sellers) and their respective successors and assigns (collectively, the “Seller Releasing Parties”), hereby releases and discharges the Company and the Guarantor signing the Acknowledgment Company Subsidiaries and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present their respective current and former managers, directors, officers, agentsemployees, attorneysmembers, shareholders, partners, benefit plan fiduciaries and employees of any of administrators and their respective successors and assigns (the foregoing, “Seller Released Parties”) from and against any and all claimsliabilities, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured actions of such Seller, of any kind or unmatured nature whatsoever in each case solely arising out of such Seller’s ownership of the Company (whether directly or known indirectly) solely as to facts, conditions, transactions, events or unknowncircumstances prior to the Closing (the “Seller Released Matters”), and each Seller shall not, and shall cause the other Seller Releasing Parties not to, seek to recover any amounts in connection with such Seller Released Matters from any Seller Released Party; provided, however, that nothing contained in this Section 7.22 shall waive, release or discharge any Seller Released Party from, and the Seller Released Matters shall in no event include, any liability such person may have to any Seller Releasing Party with respect to (i) obligations under this Agreement or the Transaction Documents, (ii) any right to indemnification or exculpation under any agreements or Organizational Documents of the Company or the Company Subsidiaries, (iii) with respect to any compensation, salary, bonuses, vacation pay or any other employee benefits accrued pursuant to an Employee Benefit Plan or any expense reimbursement pursuant to a policy of the Company and (iii) any Interested Party Transactions set forth on Section 7.22 of the Company Disclosure Schedule. It is the intention of the Company and Guarantor each Seller in executing the release contained in this Section 7.22 and in giving and receiving the consideration called for in this Agreement, that this release that the same shall be effective as a bar to each full and every claim, demand final accord and cause satisfaction and general release of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes from all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORSeller Released Matters.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Effective at the Closing, each Seller releases and discharges each of the Guarantor signing the Acknowledgment RFG Family Entities and Agreement their subsidiaries, officers, directors, employees, equity holders, agents, attorneys and predecessors and successors in interest, heirs, executors and assigns, from any and all claims for relief, including all causes of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoactions, suits, petitions or demands in law or equity, direct, derivative, or otherwise, and any and all participantsallegations of liability, parent corporationsincluding any allegation of debts, subsidiary corporationsobligations, affiliated corporationspromises, insurersguarantees, indemnitorsdamage awards, successors or for any equitable, legal and assigns thereofadministrative relief that have been, together with all could have been, or may be asserted in any court action, whether federal or state, or otherwise, or before any administrative body, tribunal, arbitrator or arbitration panel, regardless of whether known or unknown, foreseen or unforeseen, or fixed or contingent at the time of the present and former directorsClosing, officers, agents, attorneys, and employees of that any Seller may have against any of the foregoing, from any RFG Family Entities. The release contained herein is intended to be complete and all final and to cover not only claims, demands or causes of action of any kinddemands, nature or descriptionliabilities, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisedamages, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands actions and causes of action which are matured known, but also claims, demands, liabilities, damages, actions and causes of action which are unknown or unmatured or which the Seller does not suspect to exist in its favor which, if known or unknown. It is at the intention time of executing this Agreement, might have affected its actions, and therefore the Seller expressly waives the benefit of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause provisions of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the California Civil Code of the State of CaliforniaCode, which provides: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge Each Seller hereby waives and relinquishes all rights and benefits that each he or it has or may hereafter discover facts different from have had under Section 1542 of the California Civil Code or in addition to those now known or believed to be true with respect to such claimsthe law of any other state, demandscountry, or causes of action and agree jurisdiction to the same or similar effect to the full extent that this instrument shall be and remain effective in all respects notwithstanding any he may lawfully waive such differences or additional factsrights.

Release. Company (a) In exchange for the benefits provided hereunder, Pledgor and the Guarantor signing the Acknowledgment Pledgee hereby release each other and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargotheir respective members, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, employees, agents, attorneys, legal successors and employees assigns of any of the foregoing, and from any and all claims, demands or actions and causes of action action, whether now known or unknown, which either now has, or at any other time had, or shall or may have against the other based upon or arising out of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause cause, fact, thing, act or thing omission whatsoever arising from the beginning of occurring or existing at any time to and including the date hereof, including, but not limited to, breach of contract, tort claims of any type or wrongful termination (the "Released Matters") with the exception of the following claims: those arising under this AmendmentAgreement or referred to herein, whether such claimsincluding Section 5 hereof, demands and causes those relating to repayment of action are matured or unmatured or known or unknown. outstanding debts. (b) It is the intention of the Company and Guarantor parties in executing this release Agreement, and in giving and receiving the consideration called for by this Agreement, that the same this Agreement shall be effective as a bar to each full and every claim, demand final accord and cause satisfaction and mutual general release of action specified and in from all of the Released Matters. (c) In furtherance of this intention the Company and Guarantor intentions set forth herein, each waives and relinquishes all rights and benefits under of the parties hereto acknowledges that it is familiar with Section 1542 of the Civil Code of the State of California, which providesprovides 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 RELEASEgeneral 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 OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORwhich if known by him must have materially affected his settlement with the debtor.” The " (d) Each of the parties acknowledge hereto waives and relinquishes any right or benefit which it has or may have under Section 1542 of the Civil Code of the State of California or any similar provision of the statutory or nonstatutory law of any other jurisdiction, to the full extent that it may lawfully waive all such rights and benefits pertaining to the subject matter of this Agreement. In connection with such waiver and relinquishment, each of the parties hereto acknowledges that it is aware that it or its attorneys or accountants may hereafter discover claims or facts different from or in addition to or different from those which it now known knows or believed believes to be true exist with respect to such claimsthe subject matter of this Agreement or the other parties hereto, demandsbut that it is its intention hereby fully, finally and forever to settle and release all of the Released Matters which now exist, may exist or causes heretofore have existed between them, except as otherwise expressly provided. In furtherance of action and agree that this instrument intention, the releases herein given shall be and remain effective in all respects effect as full and complete mutual general releases notwithstanding the discovery or existence of any such differences additional or additional different claims or facts.

Release. Company In consideration of the benefits provided to each of Agri-Energy and the Guarantor signing the Acknowledgment Gevo under this Amendment, each of Agri-Energy and Agreement Gevo hereby agrees as follows: (a) Agri-Energy and Gevo, for themselves and on behalf of Guarantor set forth below their respective successors and assigns, do hereby absolutely and unconditionally release release, acquit and forever discharge Xxxxx FargoTriplePoint, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the past or present and former directors, officers, agentsdirectors, attorneys, affiliates, employees and employees agents of any TriplePoint, and each of the foregoingtheir respective successors and assigns, from any and all claims, demands or demands, obligations, liabilities, causes of action action, offsets, damages, costs or expenses, of any kindevery type, nature kind or descriptionnature, whether arising known or unknown, suspected or unsuspected, liquidated or unliquidated, including any claims that Agri-Energy, Gevo and their respective successors, counsel and advisors may in law or equity or upon contract or the future discover they would have now had if they had known facts not now known to them, whether founded in contract, in tort or under pursuant to any state other theory of liability, that Agri- Energy or federal law or otherwise, which Company or Guarantor has had, Gevo now has or has made claim to have may acquire against any such person for one or by reason more of any actthem, omission, matter, cause arising out of events or thing whatsoever arising from the beginning of time to and including transactions which occurred on or before the date hereof (each a “Released Claim” and collectively, the “Released Claims”), including without limitation, those Released Claims arising out of or connected with the transactions arising under or related to any of the Loan Documents. (b) Each individual signing this Amendment on behalf of Agri-Energy and Gevo acknowledges that he or she has read each of the provisions of this Amendmentsection, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is has had the intention of opportunity to review the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance legal consequences of this intention section with an attorney. Agri-Energy and Gevo acknowledge and agree that they are aware of, familiar with, understand, and expressly waive the Company and Guarantor each waives and relinquishes all rights and benefits under provisions of Section 1542 of the California Civil Code of Code, and any other similar statute, code, law or regulation to the State of California, which fullest extent it may waive such rights and benefits. Section 1542 provides: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” (c) The parties acknowledge provisions, waivers and releases set forth in this Section are binding upon Agri-Energy, Gevo and their respective assigns and successors in interest. The provisions, waivers and releases of this Section shall inure to the benefit of TriplePoint and its agents, employees, officers, directors, assigns and successors in interest. Agri-Energy and Gevo warrant and represent that each may hereafter discover facts different they are the sole and lawful owner of all right, title and interest in and to all of the claims released hereby and they have not heretofore voluntarily, by operation of law or otherwise, assigned or transferred or purported to assign or transfer to any person any such claim or any portion thereof. Each of Agri-Energy and Gevo shall indemnify and hold harmless TriplePoint from and against any claim, demand, damage, debt and liability (including payment of attorneys’ fees and costs actually incurred whether or in addition to those now known not litigation is commenced) based on or believed arising out of any such assignment or transfer. The provisions of this section shall survive the date hereof. Nothing herein is or should be construed to be true with respect to such claims, demands, a release of claims against Agri-Energy or causes Gevo or a satisfaction of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsindebtedness.

Release. Company (a) The Borrower and each Guarantor hereby unconditionally and irrevocably remises, acquits, and fully and forever releases and discharges the Administrative Agent and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any Lenders and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors respective affiliates and assigns thereof, together with all subsidiaries of the present Administrative Agent and former directorsthe Lenders, their respective officers, servants, employees, agents, attorneys, principals, directors and employees of any of shareholders, and their respective heirs, legal representatives, successors and assigns (collectively, the foregoing, "Released Lender Parties") from any and all claims, demands or demands, causes of action action, obligations, remedies, suits, damages and liabilities (collectively, the "Borrower Claims") of any kindnature whatsoever, nature whether now known, suspected or descriptionclaimed, whether arising under common law, in law or equity or upon contract or tort or under any state or federal law or otherwisestatute, which Company the Borrower or any Guarantor has had, ever had or now has against the Released Lender Parties which may have arisen at any time on or has made claim prior to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands Amendment and causes of action are matured or unmatured or known or unknown. It is the intention which were in any manner related to any of the Company Loan Documents or the enforcement or attempted enforcement by the Administrative Agent or the Lenders of rights, remedies or recourses related thereto. (b) The Borrower and each Guarantor covenants and agrees never to commence, voluntarily aid in executing this release that any way, prosecute or cause to be commenced or prosecuted against any of the same shall be effective as a bar Released Lender Parties any action or other proceeding based upon any of the Borrower Claims which may have arisen at any time on or prior to each and every claim, demand and cause of action specified and in furtherance the date of this intention the Company Amendment and Guarantor each waives and relinquishes all rights and benefits under Section 1542 were in any manner related to any of the Civil Code Loan Documents. (c) The agreements of the State Borrower and each Guarantor set forth in this Section 9 shall survive termination of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORthis Amendment and the other Loan Documents.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company Effective upon the Close of Escrow, Buyer shall and the Guarantor signing the Acknowledgment hereby does waive, relinquish and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoSeller, and any and all participantsits officers, parent corporationsdirectors, subsidiary corporationsemployees, affiliated corporationsagents, insurerstrustees, indemnitorsaccountants, parents, subsidiaries, attorneys, shareholders, successors and assigns thereofall other persons acting for, together under or in concert with all the others, past and present, of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or demands, actions, causes of action action, obligations, damages, liabilities, losses, costs or expenses, including attorneys’ fees, of any kindkind or nature whatsoever, nature past or descriptionpresent arising from, whether arising related to or in law connection with the presence of any hazardous substances, including, but not limited to, pesticides and herbicides on the Property. Buyer expressly understands and acknowledges that it is possible that unknown losses or equity claims exist or upon contract that present losses may have been underestimated in amount or tort severity, and Buyer explicitly took that into account in determining the consideration for the execution of this Agreement and a portion of said consideration, having been bargained for between the Parties with the knowledge of the possibility of such unknown losses or claims, was given in exchange for a full accord, satisfaction and discharge of all such losses or claims. Consequently, Buyer expressly waives all rights under any state or federal law or otherwiseCalifornia Civil Code §1542, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which providesprovides that: “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, RELEASE WHICH IF KNOWN BY HIM OR HER MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge . Notwithstanding said Section 1542, the Parties agree that this Section 28.18 shall act as a release of all future claims that may arise from the above-described facts, whether such claims are currently known or unknown, foreseen or unforeseen, suspected or unsuspected, actual or potential, absolute or contingent, pending or anticipated, including, without limitation, any claim for damages as yet not incurred; and the Parties intentionally and specifically waive any rights they may have under the provisions of said Section 1542, as well as under any other statutes or common law principles of similar effect, and each assumes full responsibility for such injuries, damages, losses or liabilities that any of them may hereafter discover facts different from or in addition to those now known or believed to be true incur with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company (a) Holdings and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below each other Loan Party hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges the Administrative Agent and the Lenders, and any and all of their respective participants, members, related funds, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneys, agents and employees of any of the foregoingforegoing (each a “Released Party”), from any and all claims, demands suits, investigations, proceedings, demands, obligations, liabilities, damages, losses, costs, expenses, or causes of action of any kind, nature or description, whether arising based in law law, equity, contract, tort, implied or equity express warranty, strict liability, criminal or upon contract or tort civil statute, common law, or under any state or federal law or otherwise, of any kind or character, known or unknown, past or present, liquidated or unliquidated, suspected or unsuspected, matured or unmatured, known or unknown, in each case, which Company Holdings or Guarantor such other Loan Party has had, now has has, or has made claim to have against any such person Released Party for or by reason of any act, omission, matter, cause or thing whatsoever arising from which relates, directly or indirectly to the beginning Credit Agreement or any other Loan Document, provided, however, that the foregoing shall not effect or otherwise constitute a release of time to and including any duties or obligations set forth in this Waiver, the date of this Amendment, whether such claims, demands and causes of action are matured Credit Agreement or unmatured or known or unknownthe other Loan Documents. It is the intention of the Company Holdings and Guarantor each other Loan Party in executing providing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified specified, and in furtherance of this intention the Company and Guarantor each it waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of CaliforniaCalifornia (or any comparable provision of any other applicable law), which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE A 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 MIGHT HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge Holdings and each other Loan Party acknowledges that each it may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree agrees that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts. Holdings and each other Loan Party understands, acknowledges and agrees that the release set forth above may be pleaded as a full and complete defense and may be used as a basis for an injunction against any action, suit or other proceeding which may be instituted, prosecuted or attempted in breach of the provisions of such release. (b) Holdings and each other Loan Party, on behalf of itself and its successors, assigns, and other legal representatives, hereby absolutely, unconditionally and irrevocably, covenants and agrees with and in favor of each Released Party above that it will not xxx (at law, in equity, in any regulatory proceeding or otherwise) any Released Party on the basis of any claim released, remised and discharged by such Person pursuant to the above release. Holdings and each other Loan Party further agrees that it shall not dispute the validity or enforceability of the Credit Agreement or any of the other Loan Documents or any of its obligations thereunder, or the validity, priority, enforceability or the extent of Administrative Agent’s Lien on any item of Collateral under the Credit Agreement or the other Loan Documents. If Holdings or any other Loan Party or any of its successors, assigns or other legal representations violates the foregoing covenant, such Person, for itself and its successors, assigns and legal representatives, agrees to pay, in addition to such other damages as any Released Party may sustain as a result of such violation, all reasonable attorneys’ fees and costs incurred by such Released Party as a result of such violation.

Release. Company I, Xxxxxx Xxxxxx, for the consideration of the amounts set out in the written agreement titled “Separation Agreement, Release and Consulting Agreement” made amongst the Guarantor signing undersigned, Ceridian Canada Ltd. (“Ceridian Canada”) and Ceridian HCM Holding Inc. (“Ceridian Holding”), with an effective date of November 6, 2019, and other good and valuable consideration, the Acknowledgment receipt and Agreement sufficiency of Guarantor set forth below which is hereby absolutely and unconditionally expressly acknowledged, do hereby remise, release and forever discharge Xxxxx FargoCeridian Holding, Ceridian Canada, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorstheir respective affiliates, officers, agentsdirectors, attorneysemployees and agents (hereinafter collectively referred to as the “Releasees”) of and from all actions, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kindaction, nature or descriptiondebts, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisedemands, dues, bonds, accounts, covenants, contracts and claims whatsoever which Company or Guarantor has I ever had, now has have or has made claim to which I can, shall or may hereafter have against any such person for or by reason of any actcause, omission, matter, cause matter or thing whatsoever arising from existing up to the beginning present time, including without limiting the generality of time to and including the date of this Amendmentforegoing any actions, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claimaction, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of Californiasuits, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claimsdebts, demands, or causes claims relating to my employment or the termination of action my employment with any of the Releasees. I also agree not to make any claim or take any proceedings in respect of the claims released against any person, corporation or other entity who or which might claim contribution or indemnity from the Releasees. I hereby specifically covenant, represent and agree warrant to the Releasees that I have no further claim against the Releasees for or arising out of my employment or cessation of employment which specifically includes any claims for notice of termination, pay instead of notice, severance pay, incentive compensation, interest and/or vacation pay or claims under The Employment Standards Act or The Human Rights Code, or the equivalent statutes applicable in my province of employment. I also acknowledge that the monies paid to me include any severance pay and notice pay to which I am entitled under The Employment Standards Act or the equivalent statute in my province of employment. In the event that I should hereafter make any claim or demand or commence or threaten to commence any action, claim or proceeding against the Releasees for or by reason of any cause, matter or thing, this instrument shall document may be raised as a complete bar to any such claim, demand or action. I will not disclose the terms of the settlement or its existence to any person or corporation except for the purposes of dealing with Canada Revenue Agency (CRA), with a professional legal or financial advisor who agrees to be and remain effective is, professionally bound by confidentiality, or otherwise as required by law. I agree to indemnify the Releasees and save them harmless from any and all income tax, employment insurance or Canada Pension Plan charges or payment that may be claimed by either the Receiver General of Canada or CRA in respect of any failure on your part to withhold such charges or payments after said, and in the event that any proceedings are commenced against the Releasees, I agreed to indemnify them and save them harmless from any money that might be required to be paid by either CRA or the Receiver General of Canada or by any Court. However, and for the avoidance of doubt, I will not be required to indemnity the Releasees for any fines or penalties assessed by the Receiver General of Canada or CRA to the extent arising as a result of any negligent error or omission on the part of Ceridian Canada or any Releasee, and in such case shall only be required to indemnify for the actual principal amount of income tax, employment insurance or Canada Pension payable to such agencies. I have read the above Release and have had the opportunity to obtain independent legal advice. I understand that it contains a full and final release of all respects notwithstanding claims that I have or may have against the Releasees and that there is no admission of liability on the part of the Releasees and that any such differences or additional factsliability is denied. All of the foregoing shall ensure to the benefit of the Releasees, their successors and assigns, and be binding upon me and my respective heirs, executors, administrators, successors and assigns.

Release. Company (a) Purchaser acknowledges and agrees that except for the Guarantor signing the Acknowledgment warranties and Agreement of Guarantor representations set forth below hereby absolutely in Section 5.1, the Property is to be purchased, conveyed and unconditionally release accepted by Purchaser in its present condition, "AS-IS, WHERE-IS, WITH ALL FAULTS" and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all that no patent or latent defect in the condition of the present and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or causes of action of any kind, nature or descriptionProperty, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or not known or unknown. It is the intention of the Company and Guarantor in executing this release that the same discovered, shall be effective as a bar give rise to each and every claim, demand and any claim or cause of action specified by Purchaser against Seller. Any documents furnished to Purchaser by Seller relating to the Property prepared by third parties, including, without limitation, maps, surveys, studies, pro formas, reports and other information shall be deemed furnished to Purchaser but without warranty from Seller except as may be specifically set forth in furtherance this Agreement. Purchaser acknowledges that the full extent of any damages hereunder may be uncertain. In making this intention the Company covenant, Purchaser understands and Guarantor each waives agrees that it relies wholly upon its judgment, belief and relinquishes all rights and benefits under Section 1542 knowledge of the nature, extent, effect and duration of damages and Seller's liability and has not relied upon any statement of Seller, except as set forth in this Agreement. Purchaser has read and fully understands the following language of California Civil Code of the State of California, which providessection 1542 and waives any rights it may have under section 1542: “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 MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Purchaser further represents that no promise, inducement or agreement not described in this agreement has been made to it and that this release contains the entire agreement between the parties. This covenant shall survive the Close of Escrow.” The parties acknowledge that each (b) All work done in connection with preparing the Property for the uses intended by Purchaser, including any and all fees, studies, reports, approvals, plans, surveys, permits, and any expenses whatsoever necessary or desirable in connection with Purchaser's acquiring, developing, using and/or operating the Property shall be obtained and paid for by, shall be the sole responsibility of, Purchaser. (c) Purchaser has investigated and has knowledge of operative or proposed governmental laws and regulations including land use laws and regulations to which the may hereafter discover facts different be subject and shall acquire the Property upon the basis of its review and determination of the applicability and effect of such laws and regulations. Purchaser has neither received nor relied upon any representations concerning such laws and regulations from Seller, Seller's employees, agents or any other person acting on or in addition behalf of Seller. (d) Except as expressly stated herein, Seller makes no representation or warranty as to those now known the truth, accuracy or believed completeness of any materials, data or information delivered by Seller or its agents to be true Purchaser in connection with respect the transaction contemplated hereby, except that Seller will provide accurate copies of documents in its possession. Purchaser acknowledges and agrees that all materials, data and information prepared by third parties and delivered by Seller to Purchaser in connection with the transaction contemplated hereby are provided to Purchaser as a convenience only and that any reliance on or use of such claimsmaterials, demands, data or causes of action and agree that this instrument information by Purchaser shall be at the sole risk of Purchaser, however Seller, to its actual knowledge without duty of inquiry, has no reason to believe such materials, data and remain effective in all respects notwithstanding any such differences or additional factsinformation delivered by Seller are inaccurate.

Release. Company and In consideration of the Guarantor signing payment to be made by PXRE to TOWER of one million eight hundred seventy five thousand five hundred fifty seven dollars ($1,875,557), receipt of which will be acknowledged upon satisfaction of the Acknowledgment and Agreement of Guarantor payment set forth below in Article III by TOWER and STATE NATIONAL and release of the Premium Trust Account as set forth in Article III, STATE NATIONAL consents to the novation and assumption by TOWER, as described in Article I hereof, of any and all rights, duties, obligations and liabilities of any nature whatsoever of PXRE in respect of 100% (one hundred percent) of PXRE's share under the Contract. STATE NATIONAL for itself, its successors and assigns hereby: (a) absolutely and unconditionally covenants and agrees with PXRE, its successors and assigns, that STATE NATIONAL, its successors and assigns, will not hereafter for any reason whatsoever demand, claim, initiate or cause to be initiated any proceeding or file suit against PXRE, its successors or assigns (other than TOWER), in respect of any and/or all liabilities, obligations, costs or damages, known or unknown, reported or unreported, existing or which arise in the future in respect of 100% (one hundred percent) of PXRE's share of the Contract; and (b) agrees that TOWER will be solely responsible to STATE NATIONAL for the performance of the duties and obligations of PXRE in respect of 100% (one hundred percent) of PXRE's share of the Contract; and (c) agrees that PXRE by signing this Agreement does not assume any liability either to STATE NATIONAL or TOWER, other than the payment of consideration required by Article III. (d) conditional upon the execution of this Agreement, agrees to promptly release to PXRE all assets in the Security Fund provided by PXRE on behalf of STATE NATIONAL. Subject to receipt by TOWER of the payment set forth in Article III, TOWER for itself, its successors and assigns hereby: (a) absolutely and unconditionally covenants and agrees with PXRE, its successors and assigns, that TOWER, their successors and assigns, will not hereafter for any reason whatsoever demand, claim, initiate or cause to be initiated any proceeding or file suit against PXRE, its successors or assigns, in respect of any and/or all liabilities, obligations, costs or damages, known or unknown, reported or unreported, existing or which arise in the future in respect of the Contract; and (b) agrees that TOWER will be solely responsible to STATE NATIONAL for the performance of the duties and obligations in respect of 100% (one hundred percent) of PXRE's share of the Contract; and (c) agrees that PXRE by signing this Agreement does not assume any liability either to STATE NATIONAL or TOWER, other than the payment of consideration required by Article III. PXRE for itself, its successors and assigns hereby absolutely and unconditionally release covenants and forever discharge Xxxxx Fargoagrees with STATE NATIONAL and TOWER, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, their respective successors and assigns thereofassigns, together with all of the present that PXRE, its successors and former directorsassigns, officerswill not hereafter for any reason whatsoever demand, agentsclaim, attorneysinitiate or cause to be initiated any proceeding or file suit against STATE NATIONAL and TOWER, and employees their respective successors or assigns, in respect of any of the foregoingand/or all liabilities, from any and all claimsobligations, demands costs or causes of action of any kinddamages, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is , reported or unreported, existing or which arise in the intention future in respect of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORContract.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. (a) By execution of its respective share purchase agreement with the Offeror or option notice, each Former Company Shareholder, on his, her or its own behalf and on behalf of his, her or its heirs, beneficiaries, successors, assigns and representatives (collectively, the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below “Releasors”), hereby absolutely and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all releases effective as of the present and former directorsClosing Date, officerswithout the need for any further action, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action action, suits, rights, demands, costs, losses, debts and expenses (including attorneys’ fees and costs incurred) of any kind, nature whatsoever kind or descriptionnature, whether arising in at law or equity in equity, matured or upon contract unmatured, known or tort unknown, contingent or under any state or federal law liquidated or otherwise, which Company that any of them can, shall or Guarantor has had, now has or has made claim to may have against the Company, the Company’s past and present parent and Subsidiary corporations and all of their past and present respective officers, directors, managers, managing members, employees, shareholders, agents, and assigns (collectively, “Releasees”), arising from or relating any such person for or by reason of any act, omission, matter, cause or thing whatsoever occurring at any time on or prior to the Closing Date and relating to the Company or any Subsidiary of the Company; provided, that the foregoing shall not affect or otherwise release the rights of any Releasor under this Agreement or any agreement entered into on or prior to the Closing Date with the Company in connection herewith. (b) By execution of its respective share purchase agreement with the Offeror or option notice, each Former Company Shareholder hereby irrevocably covenants to refrain from, directly or indirectly, asserting any claim or demand or commencing, instituting or causing to be commenced, any Proceeding of any kind against any Releasee, based on or arising from any matter released pursuant to Section 7.16(a). (c) By execution of its respective share purchase agreement with the beginning Offeror or option notice, each Former Company Shareholder represents and agrees that (a) he fully understands his rights to discuss all aspects of this Agreement with his attorneys, (b) he has availed himself of this right, (c) he has carefully read and fully understands all of the terms of this Agreement, (d) he has not transferred or assigned any rights or claims that he is hereby purporting to release herein, and (e) he is voluntarily, and with proper and full authority, entering into this Agreement. Each Former Company Shareholder represents that he has had a reasonable period of time to and including consider the date provisions of this AmendmentAgreement, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in that he has considered them carefully before executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance Agreement. (d) If any provision of this intention Section 7.16 is held invalid or unenforceable by any court of competent jurisdiction, the Company other provisions in this Section 7.16 will remain in full force and Guarantor each waives effect. Any provision of this Section 7.16 held invalid or unenforceable only in part will remain in full force and relinquishes all rights and benefits under Section 1542 of effect to the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORextent not held invalid or unenforceable.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.

Release. Company In consideration of the Plan Benefits described above, I agree to release Navient, and all of its subsidiaries, affiliates, predecessors, successors, and all related companies, and all of its former and current officers, employees, directors, and employee benefit programs (and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargotrustees, administrators, fiduciaries, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all insurers of the present and former directors, officers, agents, attorneys, and employees such programs) of any of the foregoingthem (collectively “Released Parties”) from all actions, from any and all claimscharges, demands or causes of action of any kind, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwise, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and Guarantor in executing this release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of the Civil Code of the State of California, which provides: “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 MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true with respect to such claims, demands, damages or causes liabilities of any kind or character whatsoever, known or unknown, which I now have or may have had through the date I sign this Agreement and Release, except claims that the law does not permit me to waive by signing this Agreement and Release. This release includes every such dispute I have with the Released Parties, whether or not I have filed a claim, charge, complaint, or action on such dispute. This release includes, but is not limited to, all common law contract, tort, or other claims I might have, as well as all claims I might have under the Age Discrimination in Employment Act (ADEA), the Worker Adjustment and agree Retraining Notification Act (WARN), any corresponding state laws, and any other federal, state or local laws, to the maximum extent permitted by law. I further waive any right to payment of attorneys’ fees, which I may have incurred. It is understood and agreed that by entering into this instrument Agreement and Release, Navient does not admit any violation of law, or any of employee’s rights, and has entered into this Agreement and Release solely in the interest of resolving finally all disputes, claims and issues relating to my employment and separation. Navient and I (the “Parties”), expressly agree, however, that nothing in this Agreement and Release shall be preclude my participation as a member of a class in any suit or regulatory action brought against the Released Parties arising out of or relating to any alleged securities violations or diminution in the value of Navient securities. Navient agrees that the release under this Section (2) shall not cover, and remain effective I reserve and do not waive, my rights, directly or indirectly, to seek further indemnification and/or contribution under the By-Laws of Navient. Navient hereby reaffirms that I am entitled to indemnification after termination of my employment, for actions taken in all respects notwithstanding any such differences my capacity as an officer of Navient Corporation or additional factsapplicable Navient Corporation subsidiaries under the bylaws of the applicable subsidiary or Navient Corporation (subject to the provisions of the By-Laws, which limit indemnity in certain circumstances).

Release. Company Effective upon the Closing, each Party and the Guarantor signing the Acknowledgment its Affiliates (including Parent, Zomedica Holdco and Agreement QBT), in each case on behalf of Guarantor set forth below hereby absolutely itself and unconditionally release and forever discharge Xxxxx Fargo, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, their respective successors and assigns thereof(collectively, together with all of the present “Releasers”), hereby irrevocably waive, acquit, remise, discharge and former forever release the other Party and its Affiliates (including Parent) and its and their respective directors, officers, agentsdirect and indirect equityholders, attorneyssubsidiaries, parent companies and employees of any of Affiliates (collectively, the foregoing, “Released Persons”) from any and all claimsliabilities to such Releasers to the extent related to the Contemplated Transaction or this Agreement or the transactions contemplated hereby and arising at or prior to the Closing, demands in each case whether absolute or causes of action of any kindcontingent, nature liquidated or descriptionunliquidated, whether arising in law known or equity or upon contract or tort or under any state or federal law or otherwiseunknown, which Company or Guarantor has had, now has or has made claim to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or determined or determinable, and whether arising under any Law, contract, agreement, arrangement, commitment, undertaking or understanding, whether written or oral (other than the Seller Unreleased Obligations) or otherwise at law or in equity, and each of the Buyer Releasers hereby agrees that it shall not seek any remedy or relief of any kind in connection therewith or thereunder from the Released Persons. Notwithstanding the foregoing, nothing in this Section 7.4 or otherwise shall be deemed to release the Seller from claims for Fraud (all such obligations, the “Seller Unreleased Obligations”) or any claims unrelated to the Contemplated Transaction or this Agreement. Subject to the immediately preceding sentence, the Releasers expressly acknowledge and agree that this release is intended to extinguish all types of claims (other than the Seller Unreleased Obligations) to the extent such claims are related to the Contemplated Transaction or this Agreement, including those known and unknown and those suspected and unsuspected, without regard to whether they are now known or unknownsuspected, even if those claims may materially affect such Releaser’s decision to enter into this release. It This is the intention of the Company a full and Guarantor in executing this release that the same shall be effective as a bar to final release, and each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each Releaser expressly waives and relinquishes all rights and benefits any right under Section 1542 of the California Civil Code of the State of Californiasection 1542, which provides: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASERELEASE AND THAT, WHICH IF KNOWN BY HIM OR HER MIGHT HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different from DEBTOR OR RELEASED PARTY. Neither Party shall, and shall cause its Affiliates not to, bring any litigation, action, suit, claim, arbitration or other proceeding against any Released Person, whether at law or in addition to those now known equity or believed to be true in arbitration or otherwise, with respect to such claims, demands, any of the rights or causes of action claims waived and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsreleased hereunder.

Release. Company and In consideration of the Guarantor signing the Acknowledgment and Agreement of Guarantor payment set forth below in paragraph 2 of this Agreement, the sufficiency of which is hereby acknowledged, you, on your behalf and on behalf of your agents, representatives, attorneys, assigns, heirs, executors, family members, beneficiaries, administrators, successors, and anyone acting, or claiming to act on your behalf, hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges Employer and its past, present and any and all participantsfuture employees, parent corporationsagents, subsidiary corporationsowners, affiliated corporationspartners, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directorsofficials, officers, agentsdirectors, attorneysshareholders, board members, representatives, divisions, parents, subsidiaries, successors, and employees of any of the foregoingall affiliated organizations, companies, foundations and corporations from any and all claims, demands or complaints, charges and causes of action of any type, whether known or unknown, asserted or unasserted, direct and indirect, and of any kind, nature or descriptiondescription whatsoever, whether arising in law or equity or upon contract or tort or under any local, state or federal law or otherwiseordinance, or under the common law, arising or which Company or Guarantor has had, now has or has made claim may have arisen at any time prior to have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownAgreement. It is the intention You specifically agree that in consideration of the Company and Guarantor payment as set forth in executing this release that the same shall be effective as a bar to each and every claimparagraph 2, demand and cause of action specified and in furtherance of this intention the Company Agreement, to release any and Guarantor each waives all claims with regard to any rights you may have associated with your Otter Tail Corporation Executive Employment Agreement Amended Effective January 1, 2013, and relinquishes any of its predecessors as well as any and all rights associated with the Change in Control Severance Agreement with Employer dated February 24, 2012. The agreed-upon consideration has been negotiated and benefits under Section 1542 bargained for all things above mentioned, and received in full satisfaction for the above. You understand that by releasing all of your legal claims against Employer, you are releasing all of your rights to bring any claims against it based on any actions, decisions, or events occurring through the date of this Agreement, including claims related to the terms and conditions of your employment and separation from employment. Your release includes any and all claims based upon federal, state or local employment discrimination or wage and hour laws, regulations or ordinances, including but not limited to the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, Title VII of the Civil Code Rights Act, the Americans with Disabilities Act, the North Dakota Human Rights Act; claims for breach of contract, quasi-contract or promissory estoppel; any tort, including misrepresentation, fraud infliction of emotional distress, defamation, assault, battery, tortuous interference with prospective relations, false imprisonment, negligence (including negligent hiring, supervision and retention); claims of unlawful discharge or in any other respect unfairly treated during his employment with Employer; and any and all claims in and arising out of your employment with Employer. Nothing herein shall be construed to prohibit you from filing a charge with the State Equal Employment Opportunity Commission (“EEOC”) or state Department of CaliforniaLabor. However, which provides: “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 RELEASEyour release includes release of your right to file a court action or to seek individual remedies or damages in any EEOC claim (state or federal), WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each may hereafter discover facts different and your release of these rights shall apply with full force and effect to any proceeding arising from or in addition to those now known or believed to be true with respect relating to such claims, demands, charge. This Agreement prohibits your ability to pursue any claims against the released parties seeking monetary relief or causes other remedies for yourself or as a representative on behalf of action and others. You agree that this instrument shall you will not seek, accept, be and remain effective in all respects notwithstanding entitled to any such differences monetary relief, whether for yourself individually or additional factsas a member of a class or group arising from an EEOC charge filed by you or on your behalf.