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 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 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. 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. 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 and To induce the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Bank to enter into this Amendment, Borrower hereby absolutely and unconditionally release releases, acquits, and forever discharge Xxxxx Fargodischarges Bank and its respective officers, 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, officersattorneys, agents, attorneysemployees, successors, and employees of any of the foregoingassigns, from any and all liabilities, claims, demands demands, actions, or causes of action of any kind, nature or descriptionkind (if there be any), whether arising in absolute or contingent, due or to become due, disputed or undisputed, liquidated or unliquidated, at 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. It is , that any one or more of them now have or, prior to the intention date hereof, ever have had against Bank, whether arising under or in connection with any of the Company Loan Documents or otherwise, and Guarantor in executing this release that the same shall be effective as a bar Borrower covenants not 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 xxx at law or in addition to those now known or believed to be true at equity Bank with respect to such any of the foregoing liabilities, claims, demands, actions, or causes of action (if there be any). Borrower hereby acknowledges and agree agrees that the execution of this instrument Amendment by Bank shall not constitute an acknowledgment of or admission by Bank of the existence of any claims or of liability for any matter or precedent upon which any claim or liability may be asserted. Borrower further acknowledges and remain effective in all respects notwithstanding agrees that, to the extent any such differences claims may exist, they are of a speculative nature so as to be incapable of objective valuation and that, in any event, the value to Borrower of the agreements of Bank contained in this Amendment and any other documents executed and delivered in connection with this Amendment substantially and materially exceeds any and all value of any kind or additional factsnature whatsoever of any such claims. Borrower further acknowledges and agrees Bank is in no way responsible or liable for the previous, current or future condition or deterioration of the business operations and/or financial condition of Borrower and that Bank has not breached any agreement or commitment to loan money or otherwise make financial accommodations available to Borrower or to fund any operations of Borrower at any time. Borrower represents and warrants to Bank that Borrower has not transferred or assigned to any Person any claim, demand, action or cause of action that Borrower has or ever had against Bank.

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 and Section 11 discusses your agreement not to hold us responsible for any dispute you may have with another User, as detailed below. In addition to the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below recognition that Upwork is not a party to any contract between Users, you hereby absolutely and unconditionally release and forever discharge Xxxxx FargoUpwork, our Affiliates, and any and all participantsour 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, attorneyssubsidiaries, joint ventures, employees and service providers from claims, demands, and employees damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any dispute you have with another User, whether it be at law or in equity that exist as of the foregoingtime you enter into this agreement. This release includes, from for example and without limitation, any disputes regarding the performance, functions, 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 quality of the Company Freelancer Services provided to Client by a Freelancer and Guarantor requests for refunds based upon disputes. Procedures regarding the handling of certain disputes between Users are discussed in executing this release that the same shall be effective as a bar to each and every claimEscrow Instructions. TO THE EXTENT APPLICABLE, 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 YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542 of the Civil Code of the State of California, which provides(AND ANY ANALOGOUS LAW IN ANY OTHER APPLICABLE JURISDICTION) WHICH SAYS: “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 DEBTORDEBTOR OR RELEASED PARTY.” The parties acknowledge This release will not apply to a claim that each may hereafter discover facts different from or in addition Upwork failed to those now known or believed to be true with respect to such claims, demands, or causes meet our obligations under the Terms of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsService.

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 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 DEBTORgeneral release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release which if known by him must have materially affected his settlement with the debtor.” The 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 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 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 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. 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 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. 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. In order to induce the Noteholders to enter into this Waiver and Amendment, the Company acknowledges and agrees that: (a) neither the Company nor any of its Subsidiaries has any claim or cause of action against any of the Noteholders or any of their respective directors, trustees, officers, employees or agents (collectively, the "Released Parties") relating to or arising out of the Note Purchase Agreement or Notes or any of the transactions related thereto; (b) neither the Company nor any of its Subsidiaries has any offset right, right of recoupment, counterclaim or defense of any kind against any of their respective obligations, indebtedness or liabilities to any of the Released Parties; and (c) each of the Released Parties has heretofore properly performed and satisfied in a timely manner all of its obligations to the Company and its Subsidiaries under the Guarantor signing Note Purchase Agreement. Notwithstanding this representation and as further consideration for the Acknowledgment agreements and Agreement understandings herein, the Company, on behalf of Guarantor set forth below hereby absolutely itself and unconditionally release and forever discharge Xxxxx Fargoits employees, and any and all participantsagents, parent corporationsexecutors, subsidiary corporations, affiliated corporations, insurers, indemnitorsheirs, successors and assigns thereof(the "Releasing Parties"), together with all of hereby releases the present and former Noteholders, its respective predecessors, officers, directors, officerstrustees, employees, agents, attorneys, affiliates, subsidiaries, successors and employees assigns, from any liability, claim, right or cause of action which now exists or hereafter arises as a result of acts, omissions or events occurring on or prior to the date hereof, whether known or unknown, including but not limited to claims arising from or in any way related to the Note Purchase Agreement or Notes or any of the foregoingtransactions relating thereto. No Released Party shall be liable with respect to, from and the Company hereby waives, releases and agrees not to sue for, any special, indirect or consequential damages relating to xxe Note Purchase Agreement and all claimsthe Notes or arising out of its activities in connection herewith or therewith (whether before, demands on 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 after 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 DEBTORhereof).” 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 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. 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 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 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 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 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 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. Pledgor hereby releases the LLC and the Company and the Guarantor signing the Acknowledgment their respective managers, officers, directors and Agreement of Guarantor set forth below hereby absolutely employees from any claim by Pledgor or any person claiming through Pledgor, whether sounding in tort, contract or otherwise, for any and unconditionally release all losses, liabilities, claims, damages and forever discharge Xxxxx Fargoexpenses whatsoever (including but not limited to income tax liabilities, attorneys’ fees and any and all expenses whatsoever incurred in investigating, preparing or defending against any litigation, commenced or threatened, or any claim whatsoever, and any and all participantsamounts paid in settlement of any claim or litigation), parent corporationsto which Pledgor may become subject, subsidiary corporationsinsofar as such losses, affiliated corporationsliabilities, insurersclaims, indemnitorsdamages or expenses (or actions in respect thereof) arise out of or are based upon any Released Claim, successors as defined in the following sentence. As used herein, “Released Claim” means any claim based on any act or omission to act by the LLC and assigns thereofthe Company undertaken at the request or demand of Lender to the LLC and/or the Company in connection with this Agreement, together with all the Pledge or the Pledged Collateral, except for those acts or omissions arising from the gross negligence or willful misconduct of the present and former directors, officers, agents, attorneysCompany or the LLC. Pledgor specifically acknowledges the risk that Lender may request a redemption of the Pledged Units, and employees that compliance by the LLC and the Company with such request may result in Pledgor incurring significant income tax liabilities, and that claims by Pledgor on account of any such action by the LLC and/or the Company and resulting tax liabilities of Pledgor are explicitly included within the definition of Released Claims (to the extent that such action by the LLC and/or the Company fall within the definition of Released Claims). Pledgor acknowledges that the Released Claims will arise, if at all, only in the future, and thus by their nature will include claims, rights, demands, causes of action, liabilities or suits that are not known or suspected to exist as of the date of this Agreement. Without limiting the generality of the foregoing, from but limited to only the Released Claims, Pledgor waives the rights afforded by any and all claims, demands applicable law which may provide that a general release does not extend to claims which the creditor does not know or causes suspect to exist in his favor at the time 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 otherwiseexecuting the release, which Company or Guarantor has had, now has or has made claim to if known by him must have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from materially affected his settlement with 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 DEBTORdebtor.” 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. 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 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 (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.

Release. Company and Upon the Guarantor signing Date of Final Judgment, the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release Releasing Parties shall completely release, acquit, and forever discharge the 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, Farms Released Parties from any and all claims, demands or demands, actions, suits, causes of action of any kind, nature or descriptionaction, whether arising class, individual, parens patriae, or otherwise in law nature (whether or equity not any member of the Settlement Class has objected to the Settlement Agreement or makes a claim upon contract or tort participates in the Settlement Fund, whether directly, representatively, derivatively or under in any state or federal law or otherwise, which Company or Guarantor has other capacity) that the Releasing Parties ever had, now has has, or has made claim hereafter can, shall, or may ever have, on account of, or in any way arising out of, any and all known and unknown, foreseen and unforeseen, suspected or unsuspected, actual or contingent, liquidated or unliquidated claims, injuries, losses, civil or other penalties, restitution, disgorgement, damages, and the consequences thereof that have been asserted, or could have been asserted, under federal or state law in any way arising out of or relating in any way to have an alleged or actual conspiracy or agreement between Defendants relating to reducing competition for the hiring and retaining of, or to fixing, depressing, restraining, exchanging information about, or otherwise reducing the Compensation paid or provided to, the Releasing Parties by Defendants, co-conspirators, their respective subsidiaries and/or related entities (collectively, the “Released Claims”). Notwithstanding the above, “Released Claims” do not include (i) claims asserted against any such person for Defendant other than the Xxxxx Farms Released Parties, and (ii) any claims wholly unrelated to the allegations or by reason underlying conduct alleged in the Action that are based on breach of any actcontract, omissionnegligence, matterpersonal injury, cause bailment, failure to deliver lost goods, damaged or thing whatsoever arising from the beginning delayed goods, product defect, discrimination, COVID-19 safety protocols, failure to comply with wage and hours laws unrelated to anticompetitive conduct, or securities claims. This reservation of time to claims set forth in (i) and including the date (ii) of this Amendment, whether such claims, demands and causes of action are matured paragraph does not impair or unmatured or known or unknown. It is diminish the intention right of the Company Xxxxx Farms Released Parties to assert any 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 defenses to such claims. During the period after the expiration of the deadline for submitting an opt-out notice, demandsas determined by the Court, or causes and prior to Final Judgment, all Releasing Parties who have not submitted a valid request to be excluded from the Settlement Class shall be preliminarily enjoined and barred from asserting any Released Claims against the Xxxxx Farms Released Parties. The release of action and the Released Claims will become effective as to all Releasing Parties upon Final Judgment. Upon Final Judgment, the Releasing Parties further agree that this instrument shall be and remain effective in all respects notwithstanding they will not file any such differences other suit against the Xxxxx Farms Released Parties arising out of or additional factsrelating to the Released Claims.

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. 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 Except for the Surviving Obligations, the undersigned (and the Guarantor signing ------- individuals executing on behalf of the Acknowledgment undersigned in their individual capacities) do hereby release, discharge and Agreement of Guarantor set forth below hereby absolutely acquit each other, their past, present and unconditionally release future officers, employees, directors, principals, agents, partners, shareholders, attorneys, successors and forever discharge Xxxxx Fargoassigns, and any and all participantsaffiliated entity or other entity owned or controlled by one or more of them, parent corporationsfrom any claim asserted or which may have been asserted in connection with any rights, subsidiary corporationsobligations, affiliated corporationsrepresentations, insurerswarranties or covenants, indemnitors, successors and assigns or breaches thereof, together with all of contained in, arising from or conferred under the present and former directorsLease, officers, agents, attorneysother than the Surviving Obligations, and employees of any of the foregoing, from any and all claims, demands or demands, remedies, causes of action action, debts, liabilities and losses of any kind, nature every kind or descriptionnature, whether arising in law at this time known or equity unknown, anticipated or upon contract unforeseen, direct or tort indirect, fixed or under any state contingent, whether presently or federal law or otherwisehereafter disclosed, which Company or Guarantor has the parties to this Agreement, and their respective successors and assigns, ever had, now has have or has made claim to hereafter may have against any such person for or by reason of any actthe Lease, omissionthe landlord-tenant relationship created thereby, 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 occupancy of the Company and Guarantor Premises under the Lease, except that nothing herein shall in executing this release that any way limit or prejudice the same shall be effective as a bar to each and every claim, demand and cause rights of action specified and in furtherance of this intention the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 either 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 claimsthe Surviving Obligations, demandsthe exercise and enforcement to the fullest extent of the rights granted under this Agreement, or causes the pursuit of action any claim by Tenant under that certain Agreement to Purchase Buildings dated September __, 2001, between Landlord and agree that this instrument shall be Tenant (the "Purchase Agreement") or reserved by Tenant under Section 15.15 of the Purchase Agreement. Landlord and remain effective Tenant hereby waive the protection of California Civil Code Section 1542, which reads as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in all respects notwithstanding any such differences or additional factshis favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.

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. 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 (i) The Company, on behalf of itself 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, indemnitorsits heirs, successors and assigns thereofassigns, together with all and (ii) each Lender, on behalf of its heirs, successors and assigns, hereby fully and irrevocably: (A) releases, acquits, satisfies and forever discharges each of the Lenders, and each of their respective past, present and former future affiliates, officers, directors, officerspartners, employees, agents, attorneys, representatives, heirs, successors and employees of any of the foregoingassigns, from any and all claimsmanner of liabilities, demands or causes of action of any kindobligations, nature or descriptionexpenses, 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 hadjudgments, now has or has made claim to have against any such person for or by reason of any actexecutions, omissionactions, 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 of any nature whatsoever, whether at law or unmatured or in equity, known or unknown. It is unknown or now accrued or subsequently maturing, which such releasing party now has or hereafter may have arising under, related to or in connection with the intention Loan Documents, the Intercreditor Agreement or the Joinder Agreement (the "Claims"); (ii) covenants and agrees never to institute or cause to be instituted or continue prosecution 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 any suit or other form of action specified or proceeding of any kind or nature whatsoever against any released party with respect to the Claims; and in furtherance of this intention the Company (iii) waives any and Guarantor each waives and relinquishes all rights and benefits under which it now has or hereafter may have by virtue of the 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 MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The . Each releasing party specifically agrees, represents and warrants that (x) such releasing party realizes and acknowledges that factual matters now unknown to it may have given or hereafter may give rise to Claims which are presently unknown, unanticipated or unsuspected, (y) the release contained herein has been negotiated and agreed upon in light of such realization and (z) such releasing party nevertheless hereby intends the release contained herein to fully and irrevocably release, acquit, satisfy and forever discharge each of the released 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 unknown, unanticipated or additional factsunsuspected Claims. The foregoing release, however, is not intended to release any Lender from its express, continuing obligations specifically contained in the Loan Documents, the Intercreditor Agreement, the Joinder Agreement, this Agreement, the Securities Purchase Agreement (as deemed executed and delivered upon any conversion (with adjusted terms) pursuant to the amended conversion rights under Section 9 of the Notes), the Registration Rights Agreement (as defined below), the Shareholder Agreement (as defined below), the Certificate of Designations (as defined in the Securities Purchase Agreement) or any related agreements or documents (collectively, the "Transaction Documents").

Release. Company In consideration of the severance benefits offered to me by MeadWestvaco Corporation (the “Company”) under the Employment Agreement dated as of , 2008, (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 Except for any breach by Seller of any its covenants, representations or warranties contained herein (which shall be subject to the provisions of Section 11.6 below) or in any document executed and delivered by Seller at Closing, Buyer, for itself and its successors and assigns, as of the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release Closing, releases and forever discharge Xxxxx Fargodischarges Seller and its successors and assigns from, and waives any right to proceed against Seller and its successors or assigns for, any and all participantscost, parent corporationsexpense, subsidiary corporationsclaim, affiliated corporations, insurers, indemnitors, successors liabilities and assigns thereof, together with all of the present and former directors, officers, agents, demands (including reasonable attorneys, and employees of any of the foregoing, from any and all claims, demands ’ fees) at law or causes of action of any kind, nature or descriptionin equity, 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, arising out of the physical, environmental, economic, legal or other condition of the Property, including, without limitation, any claims for contribution pursuant to any environmental law (collectively, “Claims”), which Buyer or Buyer’s successors or assigns has or may have in the future. It is the intention of the Company and Guarantor in executing this release parties that the same foregoing release shall be effective as a bar of the Closing with respect to each all matters, past and every claimpresent, demand known and cause unknown, suspected and unsuspected. Buyer realizes and acknowledges that factual matters now unknown to it may have given or may hereafter give rise to losses, damages, liabilities, costs and expenses which are presently unknown, unanticipated and unsuspected, and Buyer further agrees that as of action specified the Closing the waivers and releases herein have been negotiated and agreed upon in light of that realization and that Buyer nevertheless hereby intends to release, discharge and acquit Seller from any such unknown losses, damages, liabilities, costs and expenses. In furtherance of this intention intention, the Company Buyer hereby expressly waives as of the Closing any and Guarantor each waives and relinquishes all rights and benefits under Section 1542 conferred upon it by the provisions of the Civil Code any statute or principal of the State of California, law which providesprovides substantially 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 . Buyer hereby specifically acknowledges that each may hereafter discover facts different from or in addition Buyer has carefully reviewed this Section, and has had ample opportunity to those now known or believed discuss its import with legal counsel, is fully aware of its consequences, and that the provisions of this Section are a material part of the consideration inducing Seller to be true with respect to such claims, demands, or causes of action and agree that enter into this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.Agreement. Buyer’s Initials: DD

Release. Company In accordance with the terms of this Agreement, Class Members who elect to join and participate in this Settlement (collectively, the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely “Releasing Parties”) shall be deemed to have irrevocably and unconditionally released and discharged the Released Parties with respect to the Released Claims when the Approval becomes final and no longer appealable. This 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 is intended 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 release of and bar to each and every claimall Released Claims, demand and cause of action specified and in furtherance including claims that the Releasing Parties know about or suspect, as well as those that the Releasing Parties do not know about or do not suspect. The Releasing Parties shall be deemed to understand the significance of this intention the Company release of unknown and Guarantor each waives unsuspected claims and relinquishes their waiver of statutory protection against a release of unknown and/or unsuspected claims. The Releasing Parties expressly waive all rights and benefits under afforded by any statute which limits the effect of a release with respect to unknown or unsuspected claims. Further, to the extent it is otherwise applicable, the Releasing Parties in California expressly waive the protection of Section 1542 of the Civil Code of the State of California, California which providesstates 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 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 DEBTORwhich if known by him or her must have materially affected his or her settlement with the debtor.” Further, to the extent it is otherwise applicable, with respect to the Released Claims, the Releasing Parties shall be deemed to acknowledge and agree that California Labor Code Section 206.5 is not applicable to the settlement of the Released Claims. That section provides in pertinent part as follows: “No employer shall require the execution of any release of any claim or right on account of wages due, or to become due, or made as an advance on wages to be earned, unless payment of such wage has been made.” The parties acknowledge Releasing Parties shall be deemed to acknowledge, agree, represent and warrant to the Released Parties, and each of them, that each may hereafter discover facts different from or in addition at all times relevant to those now known or believed to be true their employment with any of the Released Parties, there is and has at all times been a genuine, reasonable and good faith dispute between the Releasing Parties and the Released Parties with respect to such claimswhether the Releasing Parties have been fully and properly paid all monies owed relating to their employment with Released Parties and received all required breaks in accordance with federal, demandsstate and local laws through and including the later of (a) the date of Approval or (b) the date of electing to join and participate in this Settlement. Upon payment of the LWDA PAGA Settlement Amount to the LWDA, all PAGA Employees shall be deemed to have irrevocably and unconditionally released and discharged the Released Parties with respect to any claim for civil penalties, attorneys’ fees, or causes of action any other remedy or right pursuant to PAGA with respect to the Released Claims when the Approval becomes final and agree that this instrument no longer appealable. This release is intended to and shall be effective as a release of and remain effective in bar to all respects notwithstanding any such differences PAGA penalties (and other rights and remedies) arising out of or additional factsrelated to the Released Claims, including claims that the Releasing Parties know about or suspect, as well as those that the Releasing Parties do not know about or do not suspect.

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. 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. 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. 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 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 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. 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 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 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. 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) 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.

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 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 and Upon Final Judgment, the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release Releasing Parties shall completely release, acquit, 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, Seaboard Released Parties from any and all claims, demands or demands, actions, suits, and causes of action of any kind, nature or descriptionaction, whether arising class, individual, or otherwise in law nature (whether or equity not any member of the Certified Class has objected to the Settlement Agreement or makes a claim upon contract or tort participates in the Settlement Fund, whether directly, representatively, derivatively or under in any state or federal law or otherwise, which Company or Guarantor has other capacity) that the Releasing Parties ever had, now have, or hereafter can, shall, or may ever have, that exist as of the date of the order granting Preliminary Approval against the Released Parties on account of, or in any way arising out of, any and all known and unknown, foreseen and unforeseen, suspected or unsuspected, actual or contingent, liquidated or unliquidated claims, injuries, losses, damages, and the consequences thereof that have been asserted in the Actions, or could have been asserted, under federal or state law in any way arising out of or relating in any way to the direct purchase of Pork produced, processed or sold by the Seaboard Released Parties or any of the Defendants or their Co-Conspirators, and purchased directly by the Releasing Parties (the “Released Claims”).3 Without limitation, Released Claims include (a) claims arising out of purchases made at any time before, during or after the Class Period up until the date of the Order granting Preliminary Approval, and (b) claims against the Released Parties arising out of Seaboard's ownership or partial ownership of other entities in which Seaboard has or has made claim to have an interest, including Seaboard Triumph Foods, LLC and Daily’s Premium Meats, LLC. Notwithstanding the above, “Released Claims” do not include (i) claims asserted against any Defendant (including but not limited to Triumph Foods, LLC and Triumph Foods, LLC's separate interest in Seaboard Triumph Foods, LLC and Daily’s Premium Meats, LLC) or co- conspirator other than the Seaboard Released Parties, nor (ii) any claims wholly unrelated to the allegations in the Actions that are based on breach of contract, any negligence, personal injury, bailment, failure to deliver lost goods, damaged or delayed goods, product defect, or securities claim. This reservation of claims set forth in (i) and (ii) of this Paragraph does not impair or diminish the right of the Seaboard Released Parties to assert any and all defenses to such person claims. During the period after the expiration of the deadline for submitting an opt- out notice, as determined by the Court, and prior to Final Judgment, all Releasing Parties 3 For the avoidance of doubt, the Certified Class does not include any class member’s indirect purchases of Pork, so therefore the release applies only to the purchase of Pork by a Certified Class member directly from the Seaboard Released Parties or any of the Defendants or their Co-Conspirators. Provided, however, that the release applies to claims that members of the Certified Class hold by reason of any act, omission, matter, cause or thing whatsoever arising assignments from direct purchasers. who have not submitted a valid request to be excluded from the beginning of time to Certified Class shall be preliminarily enjoined and including barred from asserting any Released Claims against the date of this Amendment, whether such claims, demands and causes of action are matured or unmatured or known or unknownSeaboard Released Parties. It is the intention The release of the Company and Guarantor in executing this release that the same shall be Released Claims will become effective as a bar to each and every claimall Releasing Parties upon Final Judgment. Upon Final Judgment, 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 Releasing Parties further agree that this instrument shall be and remain effective in all respects notwithstanding they will not file any such differences other suit against the Seaboard Released Parties arising out of or additional factsrelating to the Released Claims.

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 (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 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 DEBTORassert any claim released hereby against any Seller Releasee.” 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. 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 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 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 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 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 As a material inducement to Buyer to enter into this Agreement, effective as of the Closing, each of Parent and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoSeller agrees not to xxx, and any fully releases and all participantsdischarges Buyer, parent corporationsthe Company, subsidiary corporationsthe Subsidiaries and each of their respective Affiliates, affiliated corporationsrepresentatives, insurersdirectors, indemnitorsofficers, employees, successors and assigns thereof(collectively, together the "Releasees"), with all of the present respect to and former directors, officers, agents, attorneys, and employees of any of the foregoing, from any and all claims, demands or demands, rights, liens, Contracts, covenants, causes of action action, obligations, debts, and Losses 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, whether 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, which such party now owns or holds or has at any time owned or held against the Releasees with respect to the operations of the Company and the Subsidiaries and in Seller's and Parent's capacity as direct and indirect equity holders of the Company; provided, however, that nothing in this Section 7.5 will be deemed to constitute a release by either Parent or Seller of (i) any claim, demand or cause of action for which the facts and circumstances giving rise thereto first arise following the Closing, (ii) any right that Parent or Seller may have to enforce its rights under this Agreement or any Seller Ancillary Agreement or Buyer Ancillary Agreement or (iii) any claim, demand or cause of action in connection with or arising out of the transactions contemplated by this Agreement or any Seller Ancillary Agreement or Buyer Ancillary Agreement. It is the intention of the Company each of Parent and Guarantor in executing this Seller that such release that the same shall be effective as a bar to each and every claim, demand and cause of action specified and in hereinabove specified, except with respect to the foregoing exceptions. In furtherance of this intention intention, each of Parent and Seller hereby expressly waives, effective as of the Company Closing, to extent permitted by Requirements of Law and Guarantor each waives subject to the exceptions set forth in this Section 7.5, any and relinquishes all rights and benefits under Section 1542 conferred upon such party by Requirements of the Civil Code Law, and expressly consents that this release will be given full force and effect according to each and all of the State of Californiaits express terms and provisions, 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 including those related to those now known or believed to be true with respect to such unknown claims, demandsdemands and causes of action, or if any, and those relating to any other claims, demands and causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factshereinabove specified.

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 Upon payment in full of the Indebtedness or the satisfaction by Guarantors of their obligations hereunder and any Loan Documents executed by any of the Guarantor signing Guarantors pursuant to the Acknowledgment and Credit Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargothereto, and when Guarantors are no longer subject to any and all participantsobligation hereunder or thereunder, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all the Agent shall deliver to each of the present Guarantors, upon written request therefor, (i) a written release of this Guaranty and former directors(ii) appropriate discharges of any Collateral provided by such Guarantor for this Guaranty; provided however that the effectiveness of this Guaranty and such Collateral shall continue or be reinstated, officersas the case may be, agentsin the event: (x) that any payment received or credit given by the Agent or the Banks, attorneysor any of them, is returned, disgorged, rescinded or required to be recontributed to any Person 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 without limitation laws pertaining to bankruptcy or insolvency, and employees this Guaranty shall thereafter be enforceable against each of the Guarantors as if such returned, disgorged, recontributed or rescinded payment or credit had not been received or given by the Agent or the Banks, and whether or not the Agent or any Bank 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 the Agent or the Banks, or any of them, relating to the environmental condition of any of property mortgaged or pledged to Agent on behalf of the foregoingBanks by any of the Guarantors, from Borrower, or any and all claims, demands other party as collateral (in whole or causes of action of part) for any kind, nature indebtedness or description, whether arising in law obligation evidenced 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 secured by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time to and including the date of this AmendmentGuaranty, whether such claimscondition, demands and causes of action are matured claim or unmatured or matter is known or unknown. It is the intention , now exists or subsequently arises (excluding only conditions which arise from and after acquisition by Agent or any Bank of any such property, in lieu of foreclosure or otherwise and not caused by Borrower, any of its Subsidiaries or any of their agents, employees or representatives) in which event this Guaranty shall thereafter be enforceable against each of the Company Guarantors to the extent of all liabilities, and Guarantor in executing this release that all reasonable costs and expenses (including reasonable attorneys fees) incurred by Agent or Banks as the same shall be effective as a bar to each and every claim, demand and cause direct or indirect result of action specified and in furtherance any such environmental condition. For purposes 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 CaliforniaGuaranty “environmental condition” includes, 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 RELEASEwithout limitation, 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 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. Each Principal hereby generally releases and discharges ------- the Company and its subsidiaries (which for purposes hereof, shall also include each of the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoCompany's predecessors, 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 shareholders, directors, officers, agents, attorneys, employees and employees agents of the Company or its subsidiaries and any and all affiliates of any of the foregoing, foregoing and their successors and assigns) (each a "Released Party") of and from any and all claimscommitments, demands indebtedness, suits, demands, obligations and liabilities, contingent or otherwise, of every kind and nature, including claims and causes of action both in law and in equity, which the Principal and/or his heirs, executors, administrators or assigns ever had, now has 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 Released Party, whether asserted, unasserted, absolute, contingent, known or unknown, other than claims or causes of action arising under or pursuant to (i) any of any kind, nature the Agreements listed on Schedule 7.11 hereto or description, whether arising (ii) all indemnification rights of the ------------- Principal 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 his capacity as a director and officer 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 each of the Company and Guarantor in executing this release that its subsidiaries to the same shall be effective extent such rights exist as a bar to of the date hereof under the charter documents and by-laws of each and every claim, demand and cause of action specified and in furtherance of this intention the Company and Guarantor each waives its subsidiaries and relinquishes under applicable state law. The Principal hereby represents to the Released Parties that (i) he has not assigned any claim or possible claim against any Released Party, (ii) he fully intends to release all rights claims against the Released Parties including without limitation unknown and benefits under Section 1542 of the Civil Code of the State of Californiacontingent claims (other than those specifically reserved above), 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 (iii) he has consulted with counsel with respect to such claimsthe execution and delivery of this general release and has been fully apprised of the consequences hereof. Without limitation of the foregoing, demands, or causes the Company and each of action and the Selling Stockholders agree that this instrument shall be the Stockholders' Agreement between Xxxxxxx Xxxxx and remain effective in all respects notwithstanding any such differences or additional facts.Xxxxxxx XxXxxx and Boron, XxXxxx & Associates, Inc. dated July 1, 1996 is hereby terminated. [END OF TEXT]

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Employee hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges Company, its parent, subsidiaries and affiliates, 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 directorsshareholders, officers, agentsdirectors, employees, attorneys, representatives and employees of any of agents (collectively, the foregoing“Company Released Parties), from any and all claims, demands damages (including attorney fees), demands, actions or causes of action of any kind, nature kind or descriptionnature, 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 , whether under contract or tort, that Employee, Employee’s heirs, executors, administrators, successors and assigns have, or may have, arising out of Employee’s employment with Company and/or the intention of termination thereof, (collectively the Company and Guarantor “Claims”) including, but not limited to, any Claims under any federal, state or local statutory or common laws, including, but not limited to, the 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 Older Workers Benefit Protection Act, Title VII of the Civil Code of Rights Act, Americans with Disabilities Act, Fair Labor Standards Act, Family and Medical Leave Act, Employee Retirement Income Security Act, the State of CaliforniaNebraska Fair Employment Practice Act, which provides: and the Nebraska Wage Payment and Collection Act, all as amended; provided however, that Employee’s release shall not extend to any rights or claims for advancement or indemnification. Employee hereby acknowledges and agrees that Employee is knowingly and voluntarily releasing and waiving all Claims that Employee has or may have against the Company Released Parties as described above. Company hereby releases and forever discharges Employee, his heirs, executors, administrators, successors and assigns (hereinafter collectively referred to as the “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 RELEASEEmployee Released Parties”), 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 any and all claims, damages (including attorney fees), demands, actions or causes of action and agree of any kind or nature, whether known or unknown, whether under contract or tort, that this instrument shall be and remain effective in all respects notwithstanding any such differences Company or additional factsthe Company Released Parties have, or may have, arising out of Employee’s employment with Company and/or the termination thereof.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below The Credit Parties hereby absolutely and unconditionally release remise, release, acquit, satisfy and forever discharge Xxxxx Fargothe Lenders, the Administrative Agent, the Collateral Agent, the L/C Issuers and the Affiliates of each Lender and their respective agents, employees, officers, directors, predecessors, attorneys and all others acting or purporting to act on behalf of or at the direction of the Lenders, the Administrative Agent, the Collateral Agent, the L/C Issuer or the Affiliates of each Lender (collectively, the “Releasees”) of and from, and agree not to xxx any Releasee in respect of, any and all participantsmanner of actions, parent corporationscauses of action, subsidiary corporationssuit, affiliated corporationsdebts, insurersaccounts, indemnitorscovenants, successors and assigns thereofcontracts, together with all of the present and former directorscontroversies, officersagreements, agentsvariances, attorneysdamages, and employees of any of the foregoingjudgments, from any and all claims, counterclaims and demands or causes of action of any kindwhatsoever, nature or description, 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 any of such parties ever had, now has or has made claim to may have against any such person for the Releasees, for, upon or by reason of any act, omission, matter, cause or thing whatsoever arising from from, in connection with or in relation to the beginning Credit Agreement or any of time the other Loan Documents (including this Agreement), whether existing on or prior to and including the date hereof or arising after the date hereof based on facts, circumstances or events occurring or existing on or prior to the date hereof. Without limiting the generality of this Amendmentthe foregoing, whether such the Credit Parties waive and affirmatively agree not to allege or otherwise pursue any defenses, affirmative defenses, counterclaims, claims, demands and causes of action are matured action, setoffs or unmatured other rights they do, shall or known or unknown. It is the intention may have as of the Company and Guarantor in executing this release date hereof or that arise after the same date hereof based on facts, circumstances or events occurring or existing on or prior to the date hereof, including, but not limited to, the rights to contest any conduct of the Lenders, the Administrative Agent or other Releasees on or prior to the date hereof. The Credit Parties hereby agree that if any Credit Party shall be effective as a bar to each and every bring any cause of action, suit, claim, counterclaim, demand or other action released pursuant to this Section 16, the Credit Parties shall jointly and severally pay on demand, all fees, costs and expenses (including, without limitation, fees, costs and expenses of counsel) of any Releasee in connection with or arising out of such Releasee’s defense of such cause of action, suit, claim, counterclaim, demand or other action specified and in furtherance released pursuant to this Section 16. [Remainder 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.page intentionally blank; next page is signature page]

Release. Company A. In consideration of the Release Consideration payable by Multifoods to Sampson set forth and described ix Xxxxxon 1 of this Agreement, and for other good and valuable consideration, Sampson hereby releases and disxxxxxxx Multifoods and its subsidiaries and affiliates, 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, agentsemployees, attorneysagents and insurers of each (collectively, and employees of any of the foregoing"Released Parties"), from any and all causes of action, claims, demands demands, debts, contracts and agreements to which Sampson or causes his heirs, executors, xxxxxistrators, legal representatives, successors or assigns and beneficiaries, have or may have in connection with Sampson's employment with and txxxxxxxxxn of action of any kindemployment from Multifoods, 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 all time to and including the date of this AmendmentAgreement, whether such claimsexcept for (i) the Release Consideration payable to Sampson under the terms of this Axxxxxxxt, demands (ii) any rights that Sampson has as a result of his paxxxxxxxtion in any benefit plan or plans of Multifoods to which Sampson is entitled by reason ox xxx xmployment by Multifoods, including, but not limited to, pension, health and causes welfare plans, and (iii) any indemnification right to which Sampson is entitled by reason of action are matured xxx xxxloyment by Multifoods, under (A) the Restated Certificate of Incorporation, as amended by Multifoods, (B) the Bylaws of Multifoods, and/or (C) any policy of insurance issued to Multifoods under which Sampson is an insured and entitxxx xx coverage (the foregoing hereinafter called the "Release"). B. Except as specifically provided in Paragraph A of this Section 2, the Release applies to any action, claim, demand, debt, contract and/or agreement that Sampson has or unmatured or known or unknown. It is the intention may have as of the Company xxxx xf this Agreement including, without limitation, any and Guarantor in executing this release that all claims relating to Sampson's employment with and terxxxxxxxx of employment from Multifoods including, but not limited to, breach of contract claims; claims alleging violation of the same shall be effective Fair Labor Standards Act; the Age Discrimination In Employment Act, 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 amended; Title VII of the Civil Code Rights Act of 1964, as amended; the Civil Rights Act of 1866; the National Labor Relations Act; the Americans With Disabilities Act; the Employee Retirement Income Security Act; and/or any other federal, state or local statute, law, ordinance, regulation, order or principle of common law. C. Sampson acknowledges and axxxxx xxxx xxx Release and the Release Consideration payable by Multifoods under this Agreement is not an admission that Multifoods or any of the State other Released Parties has engaged in any wrongful conduct towards Sampson, has acted in any way to xxxxx injury to Sampson, or is responsible or legxxxx xxligated to Sampson in any way, except as spexxxxxxxly provided in this Agreement. D. Sampson acknowledges that xx xxx xxxx xxvised and that he understands, that he has fifteen (15) days from the date that he signs this Agreement to rescind this Agreement in its entirety, if he notifies Multifoods, in writing, at Multifoods Tower, Box 2942, 33 Soxxx Xxxxx Xxxxxx, Xxxxxxxxxxx 00000, Xxxxxxxxx: Xxxxx X. Xxxxxxx, Xxce President, Xxxxxxx Xxxxxel and Secretary of CaliforniaMultifoods, 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 RELEASEof his decision to rescind this Agreement. Sampson also understands that if xx xxxxinds this Agreement, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge he shall forfeit the Release Consideration, and the Consulting Agreement between Multifoods and Sampson Associates, Inc., dated Xxxxxxber 1, 1996, shall become null and void. Sampson further acknowledges anx xxxxxstands that each may hereafter discover facts different from or in addition to those now known or believed to be true effective, his notice of recission must be in writing and must be delivered to the address stated above either by hand or by mail within the fifteen (15) day period. If delivered by mail, the recission must be: (1) postmarked within the fifteen (15) day period; (2) properly addressed to Multifoods; and (3) sent by certified mail, return receipt requested. E. Sampson represents that he xxx xxxx xxxx Agreement and understands all of the terms and conditions contained in this Agreement, and that he has been encouraged by Multifoods to discuss this Agreement with respect an attorney-at-law of his choice. Sampson's manual signature on txxx Xxxxxment, set forth below in the signature block, constitutes Sampson's acknowledgment that he xxxxxxxxxds the effect of the Release, and that he has signed this Agreement KNOWINGLY AND VOLUNTARILY, and that he has not relied on any representations, statements or explanations made by Multifoods or any of the Released Parties or their attorneys. NOTE MULTIFOODS HEREBY ADVISES SAMPSON TO CONSULT WITH AN ATTORNEY-AT-LAW OF SAMPSON'S CHOICE BEFORE SAMPSON SIGNS AND DELIVERS THIS AXXXXXXXT. 3. Multifoods' Representation. Multifoods represents to such claimsSampson that, demandsas of the date of txxx Xgreement, Multifoods has no knowledge or causes of action and agree that this instrument shall be and remain effective any information which would result in all respects notwithstanding any such differences or additional factsa claim by Multifoods against Sampson in connection with Sampxxx'x xmployment and/or termixxxxxx xx employment with Multifoods. 4.

Release. Effective upon the Closing, each of Seller and Seller's Parent hereby irrevocably waives, releases and discharges 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 each Company Subsidiary from any and all participantsliabilities and obligations to it of any kind or nature whatsoever, parent corporationsin its capacity as a shareholder, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all or creditor of the present and former directorsCompany or in any other capacity, officersin each case whether absolute or contingent, agentsliquidated or unliquidated, attorneysknown or unknown, and employees whether arising under any agreement or understanding (other than this Agreement and any of the other agreements executed and delivered in connection herewith) or otherwise at law or equity, and each of Seller and Seller's Parent agrees that it shall not seek to recover any amounts in connection therewith or thereunder from the Company, or any of the Company Subsidiaries; provided, that the waivers contained in Exhibit 10.86 EXECUTION VERSION CONFIDENTIAL TREATMENT REQUESTED REDACTED VERSION this Section 6.12 shall not apply to claims asserted by Seller or Seller's Parent pursuant the terms of this Agreement. In furtherance of the foregoing, from each of Seller and Seller's Parent hereby agrees that it shall not make 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 claim for indemnification against the Company or Guarantor has had, now has or has made claim to have against any such person for or of the Company Subsidiaries by reason of any act, omission, matter, cause the fact that Seller and/or Seller's Parent 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 direct or unmatured indirect shareholder or known or unknown. It is the intention agent of the Company and Guarantor in executing this release that or is or was serving at the same shall be effective request of the Company or any of the Company Subsidiaries as a bar partner, manager, trustee or agent of another entity (whether such claim is for judgments, damages, penalties, fines, costs, amounts paid in settlement, losses, expenses or otherwise and whether such claim is pursuant to each and every claimany statute, 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 Californiacharter document, 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 RELEASEbylaw, 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 agreement or in addition to those now known or believed to be true otherwise) with respect to such claimsany action, demandssuit, proceeding, complaint, claim or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsdemand brought against Seller and/or Seller's Parent.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Borrower 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, attorneysemployees, and employees attorneys 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 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 is the intention of the Company and Guarantor Borrower 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 Borrower 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 hereby absolutely and unconditionally release Borrower fully and forever discharge Xxxxx Fargoreleases, discharges, indemnifies and any holds harmless Lender, its officers, agents and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitorsemployees, 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 demands, actions or causes of action of any kind, nature that Borrower may 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 might have against any such person for or Lender by reason of any actdamages or injuries whatever sustained by Borrower, omissionand occasioned directly, matteror indirectly, cause by any act or thing whatsoever omission of Lender, or any other person or entity, arising from out of or in connection with the beginning Loans or the Loan Documents (including, without limitation, the Related Documents, the Letters of time Credit, the Term Notes and the Replacement Note) through the date hereof. This is intended as a full and complete release through the date hereof of all or any claims that Borrower may or might have, including claims raised by federal or state statutes, by reason of any matter arising out of or in connection with the Loans and any conduct or circumstances related to the Loans. This release is partial consideration for the modifications agreed to by Lender herein. Borrower intends that this release shall be in full settlement of any and all claims through the date hereof and intends to and including hereby does release Lender, its officers, agents and employees, successors and assigns, of and from any and all liability of any nature whatsoever through the date hereof, as well as for all consequences, effects and results of this Amendmentany injury or damage, whether such claims, demands and causes of action the same are matured or unmatured or now known or unknown, expected or unexpected, or have already appeared or developed or may now be latent and may in the future appear or develop relating to actions occurring prior to the date hereof. It is Borrower hereby expressly waives the intention 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 Civil Code of California which provides as follows: "A general release does not extend to claims which the State creditor does not know or suspect to exist in his favor at the time of Californiaexecuting the 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 RELEASEif known by him must have materially affected his settlement with the debtor." This release is made without reliance upon any statement or representation by the parties released or their representatives. It is understood that for the consideration being granted concurrently herewith, WHICH IF KNOWN BY HIM OR HER MIGHT HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that each Borrower assumes the risk of any damages, injury or disability which may now be latent or unexpected, or which may hereafter discover facts different appear or occur as a result of said action, and will hold Lender harmless from or any and all claims therefor. It is also understood that this release is in addition to those now known to, and does not limit or believed to be true with respect to such claimsotherwise modify, demands, or causes of action any other releases and agree that this instrument shall be and remain effective indemnities in all respects notwithstanding any such differences or additional factsthe Loan Documents.

Release. Company Each of the Loan Parties and the New Guarantor signing the Acknowledgment and Agreement of Guarantor 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 or the Loan Parties and New Guarantor has 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 Loan Parties and New 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 Loan Parties and New 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 As a material inducement to the Operating Partnership’s willingness to enter into and the Guarantor signing the Acknowledgment perform its obligations under this Agreement, DST, on behalf of itself and Agreement of Guarantor set forth below each Affiliates, assigns and successors in interest (each, a “Releasor”), hereby absolutely and unconditionally release releases and forever discharge Xxxxx Fargodischarges the Operating Partnership, EIF and each of their respective Affiliates, parents, subsidiaries, past, present and future assigns, heirs, executors, administrators, and successors in interest (each, a “Releasee”) from and against any and all participantscauses of actions, 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 liabilities, losses, damages, judgments, penalties, interest, awards, fines, fees, costs or causes expenses of action of any kindwhatever kind or nature, nature including reasonable legal, expert and consultant fees, costs and expenses or descriptionother claims whatsoever (collectively, “Claims”), whether arising known or unknown, suspected or unsuspected, foreseeable or unforeseeable, contingent or non-contingent, both at law and in law or equity or upon contract or tort or under any state or federal law or otherwiseequity, which Company any Releasor now has, ever had or Guarantor has had, now has or has made claim to may hereafter have against any such person for or by reason of any act, omission, matter, cause or thing whatsoever Releasee arising from facts, events or circumstances arising contemporaneously with or prior to the beginning Closing Date. With respect to any matter released pursuant to this Section 8.11, each Releasor hereby expressly waives the benefits 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 California Civil Code (or any law of the State of California, similar effect) which providesreads 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 RELEASE, WHICH AND THAT IF KNOWN BY HIM OR HER MIGHT HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTORDEBTOR OR RELEASED PARTY.” The parties acknowledge DST acknowledges that each it later may hereafter discover Claims or facts different from or in addition to or different from those which DST now known knows or believed believes to be true exist with respect to the subject matter of this Section 8.11 and which, if known or suspected at the time of executing this Agreement, may have materially affected its terms. Nevertheless, with respect to any matter released pursuant to this Section 8.11, DST hereby waives any and all Claims that might arise as a result of such claims, demands, or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences different or additional Claims or 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 Effective as of the present Closing Date, the Shareholder hereby releases and former directorsdischarges the Company (solely in the Shareholder’s capacity as a shareholder, officersdirector, agentsofficer, attorneys, and employees of any of the foregoing, or employee) from any and all claims, demands or and causes of action of any kind, nature or descriptionaction, whether known or unknown, liquidated or contingent, relating to, arising out of or in law any way connected with the dealings of the Company and the Shareholder (solely in the Shareholder’s capacity as a shareholder, director, officer 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 employee) from the beginning of time through the Closing, it being understood, however, that such release shall not operate to release the Company or Buyer from indemnity obligations, if any, under Article 10. Effective as of the Closing Date, the Company hereby releases and including discharges the date of this AmendmentShareholder (solely in the Shareholder’s capacity as a shareholder, whether such director, officer, or employee) from any and all claims, demands and causes of action are matured or unmatured or action, whether known or unknown. It is , liquidated or contingent, relating to, arising out of or in any way connected with the intention dealings of the Company and Guarantor the Shareholder (solely in executing this the Shareholder’s capacity as a shareholder, director, officer or employee) from the beginning of time through the Closing, it being understood, however, that such release shall not operate to release the Shareholder from indemnity obligations, if any, under Article 10. Each of the Shareholder and the Company acknowledges that the same shall be effective as a bar to each and every claim, demand and cause Laws of action specified and in furtherance of this intention many states provide substantially 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 providesfollowing: “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 of the Shareholder and the Company acknowledges that such provisions are designed to protect a party from waiving claims which it does not know exist or may exist. Nonetheless, the Shareholder and the Company each may hereafter discover facts different from agree that, effective as of the Closing, the Shareholder and the Company shall be deemed to waive any such provision (solely in the Shareholder’s capacity as a shareholder, director or in addition to those now known or believed to be true officer and not with respect to such employment). Each of the Shareholder and the Company further agrees that the Shareholder and the Company shall not (i) institute a lawsuit or other legal proceeding based upon, arising out of, or relating to any of the released claims, demands(ii) participate, assist, or causes of action and agree that this instrument shall be and remain effective cooperate in all respects notwithstanding any such differences proceeding, or additional facts(iii) encourage, assist and/or solicit any third party to institute any such proceeding.

Release. Company As additional consideration for the modification of the terms of the Note and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Mortgage, as provided herein, Borrower does hereby absolutely and unconditionally release and forever discharge Xxxxx FargoLender and the City of Detroit, and any and all participantstheir agents, parent corporationsservants, subsidiary corporationsemployees, affiliated corporationsdirectors, insurersofficers, indemnitorsattorneys, affiliates, successors and assigns thereofand all persons, together with all of the present and former directorsfirms, officers, agents, attorneyscorporations, and employees of any of the foregoingliabilities, from any obligations, actions and all claims, demands or causes of action of any kind, nature whatsoever related to the Loan which Borrower may now have 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 Lender or the City of Detroit as of the date hereof, and whether presently known or unknown, and of every nature and extent whatsoever on account of or in any way touching, concerning, arising out of or founded upon the Note and Mortgage, as modified hereby, including but not limited to, all such person for loss or by reason damage of any actkind heretofore sustained, omission, matter, cause or thing whatsoever arising from that may arise as a consequence of the beginning of time dealings between the parties up to and including the date of this AmendmentAgreement. Borrower acknowledges that, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention as of the Company and Guarantor in executing date of this release that the same shall be effective as Agreement, there are no statements, agreements, waivers, estoppels or representations made by Lender which would constitute a bar to each and every claim, demand defense, counterclaim or right of offset in any foreclosure action that may hereafter be instituted by Lender under the Mortgage, or in any independent claim or action that may hereafter be brought by Borrower against Lender. This agreement and cause covenant on the part of action specified Borrower is contractual, and in furtherance of this intention not a mere recital, and 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 no liability whatsoever is admitted on the part of any party, except Borrower's indebtedness to Lender under the Note and Mortgage, as modified hereby, and that all agreements and understandings between Borrower and Lender are expressed and embodied in the Note and Mortgage, as modified hereby. In the event that Lender is involved in litigation concerning the subject matter of this instrument Agreement, Lender shall be entitled to receive from Borrower all of Lender's reasonable and remain effective in necessary costs for such litigation, including Lender's reasonable attorneys' fees and costs incurred through all respects notwithstanding any such differences or additional factstrial, appellate and other proceedings.

Release. Company In consideration of Agent and Lenders entering into this Amendment, each of Borrower 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 Agent and Lenders, and any and all participantstheir successors, assigns, agents, shareholders, members, directors, officers, employees, agents, attorneys, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysaffiliates, and employees each of any of the foregoingthem, from any and all claims, demands or debts, Obligations, demands, obligations, costs, expenses, actions and causes of action action, of any kind, every nature or and description, known and unknown, whether arising in law or equity or upon contract or tort or under any state or federal law or otherwisenot related to the subject matter of this Amendment, which Company Borrower or any Guarantor has had, now has or has made claim to have against at any such person for or time may hold, by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time occurred, done, omitted or suffered to and including be done prior to 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 Each of the Company Borrower and Guarantor the Guarantors waives the benefits of any law, which may provide in substance: "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 this release the release, which if known by him must have materially affected his settlement with the debtor." Each of the Borrower and the Guarantors understands 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, facts 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 it believes to be true with respect at the time of making the release provided for herein may later turn out to be different than it now believes, and that information which is not know known or suspected may later be discovered. Each of the Borrower and the Guarantors accepts this possibility, and each of the Borrower and the Guarantors assumes the risk of the facts turning out to be different and new information being discovered; and each of the Borrower and the Guarantors further agrees that the release provided for herein shall in all respects continue to be effective and not subject to termination or rescission because of any difference in such facts or any new information. This release is fully effective on the date hereof. Agent and Lenders are not releasing any Borrower or Guarantors from any claims, debts, Obligations, demands, obligations, costs, expenses, actions or causes of action and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsaction.

Release. Company Certain capitalized terms used in this Release are defined in the Executive Severance Benefits Agreement (the “Agreement”), which I have executed and of which this Release is a part. I hereby confirm my obligations under the Guarantor signing Company’s proprietary information and inventions agreement. I acknowledge that I have read and understand Section 1542 of the Acknowledgment California Civil Code which reads 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.” I hereby expressly waive and Agreement relinquish all rights and benefits under that section and any law of Guarantor any jurisdiction of similar effect with respect to my release of any claims I may have against the Company. Except as otherwise set forth below in this Release, I hereby absolutely and unconditionally release release, acquit and forever discharge Xxxxx Fargothe Company, its parents and subsidiaries, and any and all participantstheir officers, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysservants, employees, shareholders, successors, assigns and employees affiliates, of any of the foregoing, and from any and all claims, demands or liabilities, demands, causes of action action, costs, expenses, attorneys fees, damages, indemnities and obligations of any kindevery kind and nature, nature or descriptionin law, whether arising in law or equity or upon contract or tort or under any state or federal law equity, or otherwise, which known and unknown, suspected and unsuspected, disclosed and undisclosed (other than any claim for indemnification I may have as a result of any third party action against me based on my employment with the Company), arising out of or in any way related to agreements, events, acts or conduct at any time prior to the date I execute this Release, including, but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with my employment with the Company or Guarantor has hadthe termination of that employment, now has including but not limited to, claims of intentional and negligent infliction of emotional distress, any and all tort claims for personal injury, claims or has made claim demands related to have against salary, bonuses, commissions, stock, stock options, or any such person for other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or by reason any other form of disputed compensation; claims pursuant to any actfederal, omission, matter, cause state 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 local law 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 including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”); the federal Employee Retirement Income Security Act of 1974, as amended; the federal Americans with Disabilities Act of 1990; the California Fair Employment and Housing Act, as amended; tort law; contract law; statutory law; common law; wrongful discharge; discrimination; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; provided, however, that nothing in furtherance of this intention paragraph shall be construed in any way to release the Company and Guarantor each waives and relinquishes all rights and benefits under Section 1542 of from its obligation to indemnify me pursuant 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 DEBTORCompany’s indemnification obligation pursuant to agreement or applicable law.” 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 and the Guarantor signing the Acknowledgment and Agreement of Guarantor other consideration set forth below hereby absolutely and unconditionally in Section (1) above, I agree to release and forever discharge Xxxxx FargoSLM, and any all of its subsidiaries, affiliates, predecessors, successors, and all participantsrelated companies, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the present former and former current officers, employees, directors, officers, agents, attorneysrepresentatives and employee benefit programs (and the trustees, administrators, fiduciaries, and employees insurers of such programs) of any of the foregoingthem (collectively, “Released Parties”) from any and all claimsactions, demands or causes of action of any kindcharges, 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 relating in any way to my employment or service as an officer, director or employee of SLM or the termination thereof, except claims that the law does not permit me to waive by signing this Agreement and Release. For example, I am releasing 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 WARN Act, Title VII of the Civil Rights Act of 1964, Sections 1981 and 1983 of the Civil Rights Act of 1866, National Labor Relations Act (“NLRA”), the Americans with Disabilities Act (“ADA”), Family and Medical Leave Act, Genetic Information Nondiscrimination Act (“XXXX”) of 2008, the Employee Retirement Income Security Act of 1974 (“ERISA”), individual relief under the Xxxxxxxx-Xxxxx Act of 2002, or individual relief under the Xxxx-Xxxxx Xxxx Street Reform and Consumer Protection Act of 2010, Delaware Fair Employment Practices Act, Delaware Equal Pay Law, Handicapped Persons Employment Protection Act, Delaware Discrimination in Employment Act or The American Recovery and Reinvestment Act of 2009, and any other federal, state or local laws. Further, except as specifically provided for in Section (1)(f)(iii) above, I waive any right to payment of attorneys’ fees, which I may have incurred. It is understood and agreed that by entering into this Agreement and Release, SLM does not admit any violation of law, or any of my rights, and has entered into this Agreement and Release solely in the interest of resolving finally all claims and issues relating to my employment and separation. SLM and I (“Parties”) expressly agree, however, that nothing in this Agreement and Release shall preclude my participation as a member of a class in any suit or regulatory action brought against the Released Parties (not initiated by me) arising out of or relating to any alleged securities violations or diminution in the value of SLM securities arising out of any facts, circumstances, actions or omissions arising or occurring after the Separation Date (“Securities Class Actions”). SLM agrees that the release under this Section (2) shall not cover, and agree I reserve and do not waive, my rights to seek further indemnification, advancement, and/or contribution under the By-Laws of SLM or any indemnification agreement or policy applicable to officers or directors of SLM Corporation or any subsidiary thereof (each, an “Indemnification Agreement”). SLM hereby reaffirms that this instrument shall be I am entitled to indemnification and remain effective advancement after termination of my employment, for actions taken or omissions, in all respects notwithstanding each case in my capacity as an officer or director of SLM Corporation or applicable subsidiary thereof under the bylaws of such applicable subsidiary or SLM and any applicable Indemnification Agreement (subject to the provisions of the By-Laws, any such differences Indemnification Agreement and Delaware law, which limit indemnity and/or advancement in certain circumstances). SLM further agrees that the release under this Section (2) shall not cover, and I reserve and do not waive, my rights to seek direct coverage under any applicable directors and officers liability or additional factsindemnity policy, errors and omissions policy or other liability or indemnity insurance policy of SLM (collectively, “Liability Policies”) for actions taken or omissions, in each case as an officer or director of SLM Corporation or any subsidiary thereof. To the extent (i) commercially reasonable and (ii) consistent with coverage obtained in the ordinary course for former officers and directors, SLM undertakes to continue to include me as an insured individual under SLM’s Liability Policies.

Release. Company and the Guarantor signing the Acknowledgment and Agreement of Guarantor Except as otherwise set forth below in this Agreement, you hereby absolutely and unconditionally release release, acquit and forever discharge Xxxxx Fargothe Company, its parents and subsidiaries, and any its and all participantstheir respective officers, parent corporationsdirectors, subsidiary corporationsagents, affiliated corporationsservants, employees, attorneys, insurers, indemnitorsshareholders, successors successors, assigns and assigns thereofaffiliates, 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 liabilities, demands, causes of action action, costs, expenses, attorneys fees, damages, indemnities and obligations of any kindevery kind and nature, nature or descriptionin law, whether arising in law or equity or upon contract or tort or under any state or federal law equity, or otherwise, which Company known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or Guarantor has hadin any way related to agreements, now has events, acts or has made claim to have against conduct at any such person for or by reason of any act, omission, matter, cause or thing whatsoever arising from the beginning of time prior to and including the execution date of this AmendmentAgreement, whether including but not limited to: all such claimsclaims and demands directly or indirectly arising out of or in any way connected with your employment with the Company; claims or demands related to salary, demands and causes bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of action are matured compensation; claims pursuant to any federal, state or unmatured local law, statute, 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 including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the federal Age Discrimination in Employment Act of 1967, as amended ("ADEA"); the California Fair Employment and in furtherance of this intention the Company Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and Guarantor each waives and relinquishes all rights and benefits under Section 1542 breach of the Civil Code implied covenant 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 good faith and fair dealing. You acknowledge that each you are knowingly and voluntarily waiving and releasing any rights you may hereafter discover facts different from or have under the ADEA, as amended. You also acknowledge that the consideration given for the waiver and release in the preceding paragraph hereof is in addition to those now known anything of value to which you were already entitled. You further acknowledge that you have been advised by this writing, as required by the ADEA, that: (a) your waiver and release does not apply to any rights or believed claims that may arise after the execution date of this Agreement; (b) you have been advised hereby that you have the right to consult with an attorney prior to executing this Agreement; (c) you have forty-five (45) days to consider this Agreement (although you may choose to voluntarily execute this Agreement earlier); (d) you have seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; and (e) this Agreement shall not be true with respect to such claimseffective until the date upon which the revocation period has expired, demands, or causes of action and agree that this instrument which shall be and remain effective in all respects notwithstanding any such differences or additional factsthe eighth day after this Agreement is executed by you, provided that the Company has also executed this Agreement by that date ("Effective Date").

Release. Company and In consideration of Landlord’s agreement to terminate the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoLease, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, and provided Landlord return’s the Security Deposit as provided in Section 4 above, Tenant now releases Landlord and its agents, officers, directors, employees, and affiliates from all claims, demands, causes of action, rights, liens, losses, damages, obligations and liabilities of any kind or character whatsoever, (whether known, unknown, or suspected or not suspected), at law or in equity or otherwise, which Tenant may now have or claim to have or to have acquired, against any of the foregoing, due to any matter, thing, event, condition, fact, or circumstance existing or occurring to and all participantsincluding the date of this Release which arises out of or is related in any way to the Premises and/or the Lease (“ Obligation”). This Release is to be interpreted and construed as all-inclusive as to every type of claim or demand without any limitation or exception of any nature. Tenant represents and warrants that it has not assigned, parent corporationstransferred or purported to assign or transfer to any person, subsidiary corporationscorporation, affiliated corporationsor other entity, insurerseither voluntarily or involuntarily, indemnitorsany claim, successors cause of action, or right based on or arising out of or about any matter, fact, or thing about which this Release is given. Tenant further represents and assigns thereofwarrants that this Release is entered into in good faith. Tenant further agrees and acknowledges that the facts in respect to which it has executed this Release and which it now knows or believes to be true, together with may in fact be or may subsequently be discovered by it to have been different from the facts now known or believed by it to be true; and Tenant accepts that risk and possibility that such may be the case, and agrees that this Release shall not be subject to rescission, cancellation, avoidance, modification because of any difference in facts. Tenant expressly waives and relinquishes all of the present rights and former benefits that it might otherwise have or claim to have under the provisions of Section 1542 of the California Civil Code, which provides: “A general release does not extend to claims which the Tenant 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.” This Release shall be construed and interpreted under and according to the laws of the State of California. This Release is and shall be binding upon and shall inure to the benefit of the predecessors, successors, parents, subsidiaries, affiliates, associates, representatives, assigns, directors, officers, agents, attorneys, heirs and employees permitted assigns of any of Tenant. Tenant represents and warrants that 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 execution of this AmendmentRelease has been duly authorized, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is that the intention of the Company and Guarantor in person executing this release that the same shall be effective as a bar Release is duly authorized 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 DEBTORdo so.” 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 Other than as provided in Article X of this Agreement, effective as of the Closing, the Companies on behalf of themselves, and each of their respective successors, assigns, current and future Subsidiaries and current and future members and their direct or indirect owners (including Buyer) (collectively, the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and “Releasors”) unconditionally release and forever release, discharge Xxxxx Fargo, and waive any and all participantsclaims of any nature whatsoever, parent corporationswhether legal, subsidiary corporationsequitable or otherwise, affiliated corporationswhich the Releasors ever had, insurersnow have or hereafter can, indemnitorsshall or may have against Sellers, successors their respective Affiliates and assigns thereofRepresentatives (the “Released Parties”) arising at any time on or before the Closing. This release of claims extends to any and all claims of any nature whatsoever, together with all whether known, unknown or capable or incapable of being known as of the present and former directors, officers, agents, attorneys, and employees Closing or thereafter. The foregoing is a release of all claims of any of nature whatsoever by the foregoing, from Releasors against the Released Parties and includes any and all claims, demands or actions, demands, 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, expenses, executions, affirmative defenses, demands and other obligations or descriptionliabilities whatsoever, 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 claims, demands and causes of action are matured or unmatured or known or unknown, including those caused by, arising from or related to any Releasor’s relationship with the Released Parties (collectively, the “Released Claims”). It is The Releasors hereby acknowledge that the intention Releasors may be unaware of or may discover facts in addition to or different from those which the Releasors now know or believe to be true related to or concerning the Released Claims of the Company Released Parties, and Guarantor in executing this release that such presently unknown or unappreciated facts could materially affect the same shall be effective as claims or defenses of a bar party or parties related 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 Released Claims. The Releasors hereby explicitly waive all rights and benefits with respect to the foregoing release under the provisions of Section 1542 of the California Civil Code of the State of California, (as now worded and as hereafter amended) which providessection provides in pertinent part: “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 Releasors agree that no provision of Section 1542 of the California Civil Code shall affect the validity or scope of any other aspect of the foregoing release. The Releasors hereby expressly waive any and all rights which they may have under any other provision of state or federal law providing the same or similar effect. The Releasors hereby acknowledge that each may hereafter discover facts different from or the Releasors have entered into this Release voluntarily, understands its implications and acted with the assistance of counsel in addition to those now known or believed to be true reviewing and considering its terms. The Releasors hereby acknowledge that the Releasors have entered into this release voluntarily, understands its implications and acted with respect to such claims, demands, or causes the assistance of action counsel in reviewing and agree that this instrument shall be and remain effective in all respects notwithstanding any such differences or additional factsconsidering its terms.

Release. Company and the Guarantor signing the Acknowledgment and Agreement In consideration of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoservices or property provided, I, for myself and any and all participantsminor children for whom I am parent, parent corporationslegal guardian or otherwise responsible, subsidiary corporationsany heirs, affiliated corporationspersonal representatives or assigns, insurersagree that: the Company, indemnitorsits principals, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysemployees and volunteers, their insurers 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 claimland owner, demand municipal and/or governmental agency upon who se property an activity is conducted (”owner”) and cause their insurers, if any, SHALL HAVE NO LIABILITY OF ANY NATURE FOR ANY AND ALL DAMAGE TO ME AND OTHER PERSONS OR PROPERTIES as a result of action specified my/our participation in the Activity. This release includes any acts, omissions or negligence of the Company, or any other person (including myself) or any entity, their agents, employees, joint venturers, servants, and in furtherance their insurer(s), and I hereby release and discharge the Company, its employees, agents, servants, assigns and their insurer(s), if any, for any such damage, as well any damages or other loss which refers or relates to any equipment or other property that I may store on the Company’s premises. The terms of this intention Agreement shall be in full force and effect and shall apply to any participation in the Company Activity or use of any equipment related thereto which occurs after the execution hereof and Guarantor each waives during the calendar year in which this Agreement was executed. This Agreement shall be governed by and relinquishes all rights and benefits construed under Section 1542 of the Civil Code laws of the State of CaliforniaIllinois, 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 and any dispute arising from or related to this Agreement shall be filed and litigated in addition to those now known Cook County, Illinois. This Agreement represents the entire agreement between the parties. If any portion, clause, phrase or believed term of this Agreement is later determined by a court of law to be true with respect invalid or unenforceable, for whatever reason, the remaining provisions of this Agreement will remain valid and in effect. IMPORTANT: DO NOT SIGN WITHOUT READING! ***READ RELEASE BEFORE SIGNING*** I have had sufficient time to such claimsread this entire document and, demandsshould I choose to do so, consult legal counsel prior to signing. Also, I understand this Activity might not be made available to me or causes of action that the cost to engage in this Activity would be significantly greater if I were to choose not to sign this Agreement, and agree that the opportunity to participate at the stated cost in return for the execution of this instrument shall be and remain effective in all respects notwithstanding any such differences or additional facts.Agreement is reasonable. PRINT NAME: SIGNATURE: DATE: MINOR #1: MINOR #2:

Release. Company In consideration of Landlord's termination of the Lease, and subject to satisfaction of the Guarantor signing Termination Conditions on or before the Acknowledgment Termination Date or if the Termination Conditions are not consummated by the Termination Date, subject to Landlord's election to proceed with this Agreement, and Agreement of Guarantor except as expressly set forth below hereby absolutely in this Agreement, Landlord and unconditionally release and forever discharge Xxxxx Fargoits parent companies, and any and all participantspartners, parent corporationsmembers, subsidiary corporationsaffiliates, affiliated corporationssubsidiaries, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, successors and assigns, agents, attorneysemployees, and employees of any of the foregoing, representatives are hereby unconditionally and fully released and discharged from any and all obligations, claims, demands actions, and liability, past, present, and future, of whatever kind or causes character, known or unknown, by reason of, growing out of, arising out of action or existing in connection with the execution of the Lease or any kindof the terms or provisions thereof, nature or descriptionTenant's use and occupancy of the Premises, 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 the breach 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 Tenant hereby acknowledges that 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 California Civil Code which provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the State of Californiarelease, 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 RELEASEif known by him must have materially affected his settlement with the debtor." Tenant hereby waives and relinquishes every right or benefit it may have under Civil Code Section 1542 and all other similar statutes or laws with respect to any claims and other matters released in this Agreement. 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 Tenant hereby acknowledges that each it is aware that it may hereafter discover facts different from or in addition to or different from those which it now knows or believes to be true, but that it is its intention to fully, finally and forever settle and release all claims and other matters released in this Agreement, known or believed to be true with respect to such claimsunknown, demandssuspected or unsuspected, which may now exist or causes of action which may have previously existed, and agree Tenant hereby agrees that this instrument the foregoing releases shall be and remain effective in all respects effect notwithstanding the discovery or existence of any such differences additional or additional different facts.. Landlord's Initials:_______ Tenant's Initials:_______

Release. Company Effective as of the Closing, the Holder, for itself and all of its Affiliates, to the fullest extent permitted by applicable Law, hereby releases and forever discharges Parent, Merger Sub One, Merger Sub Two, the Company, the Representative and the Guarantor signing other Stockholders (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, “Releasees”) from any and all claimsLosses by reason of, demands relating to or causes arising from the fact that the Holder was an employee, stockholder or optionholder of action the Company, and which the Holder or its Affiliates now has, has ever had or may hereafter have against the respective Releasees arising prior to the Closing whether or not relating to claims pending at, or asserted after, the Closing; provided, however, that nothing contained herein shall operate to release or discharge any of the Holder’s rights (i) under the Merger Agreement, this Letter or any kindagreement delivered hereunder or thereunder or any of the provisions set forth herein or therein, nature (ii) under any written employment or descriptionseverance agreement or other agreement between the Holder and the Company, whether (iii) for any accrued compensation owed by the Company for the period prior to the Effective Time, if Holder is an employee of the Company, (iv) for vested accrued benefits arising in law or equity or upon contract or tort from or under any state employee benefit plan of the Company, whether or federal law or otherwisenot subject to the Employee Retirement Income Security Act of 1974, 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 as amended from the beginning of time to time, if Holder is an employee of the Company, (v) for reasonably 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 properly incurred but unreimbursed business expenses on behalf of the Company and Guarantor in executing this release that accordance with the same shall be effective as a bar to each and every claimCompany’s policies, 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 if Holder is an employee of the Civil Code Company, (vi) for indemnification, contribution or right to advancement of expenses under any indemnification agreement between Holder (or its Affiliates) and Parent, Merger Sub One, Merger Sub Two or the Company, and/or under the certificate of incorporation and/or bylaws of the State of CaliforniaCompany, which provides: or under any “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.tail” The parties acknowledge that each may hereafter discover facts different from or in addition to those now known or believed to be true insurance policy and (vii) with respect to such claimsany matters or claims that may not be released as a matter of applicable Law. All authority conferred herein or agreed to be conferred shall survive the bankruptcy, demandsliquidation or dissolution of the Holder, or causes and any obligation of action and agree that this instrument the Holder shall be binding upon the successors and remain effective in all respects notwithstanding any such differences or additional factsassigns of the Holder.

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 RELEASE, WHICH IF KNOWN BY HIM OR HER MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” and (ii) all similar provisions or rules of law. The parties acknowledge that each may SHR Parties elect to and do assume all risk for such claims heretofore and hereafter discover facts different from or in addition to those arising, 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: HOTEL BUYER’S INITIALS HOTEL BUYER’S INITIALS STRATEGIC’S INITIALS SH FUNDING’S INITIALS

Release. Company For valuable consideration, the receipt and the Guarantor signing the Acknowledgment and Agreement sufficiency of Guarantor set forth below which is hereby absolutely and unconditionally release acknowledged, Contractor releases and forever discharge Xxxxx Fargodischarges Renovate America and each of its shareholders, subsidiaries, affiliated and related entities, predecessors, successors, assigns, partners, privities, any person or entity involved with or providing any element of the HERO Program, and any each of its and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the their present and former directors, officers, employees, agents, attorneysrepresentatives, and employees of any of the foregoingand all persons, firms or corporations liable or who might be claimed to be liable, whether or not herein named, from any and all claims, demands or demands, damages, actions, causes of action or lawsuits 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 otherwisewhatsoever, which Company or Guarantor has had, Contractor now has or has made claim may hereafter have, arising out of or in any way relating to have against any such person for or by reason and all injuries and damages of any actand every kind, omissionand also any and all injuries and damages that may develop in the future, 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 result of or in any way relating to each or arising out of Contractor’s participation in HERO Direct Pay. Section 1542 Waiver. In giving the release in this Section, which includes claims which may be unknown to me at present, Contractor acknowledges that it has read 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 understands Section 1542 of the California Civil Code of the State of CaliforniaCode, which providesreads 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 Contractor hereby expressly waives and relinquishes all rights and benefits under Section 1542 and any law of any other jurisdiction of similar effect with respect to such its release of claims in Section 1542, including but not limited to its release of unknown claims. This release and Section 1542 waiver will bind the successors and assigns of both Contractor and Renovate America and inure to the benefit of all of them. If any provision of this release is determined to be invalid or unenforceable, demandsin whole or in part, or causes this determination will not affect any other provision of action this release and agree that this instrument shall the provision in question will be and remain effective in all respects notwithstanding any such differences or additional factsmodified so as to be rendered enforceable.

Release. Company In consideration of the use of the exercise and recreational facilities at the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below Exercise Facility, Member does hereby absolutely and unconditionally agree to release and forever discharge Xxxxx Fargohold harmless Manager, The Peachtree Condominium Association, and its partners, any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all subsequent owner of the present building wherein the Facility is located, and former directorstheir respective subsidiaries and affiliates, employees, officers, agents, attorneyscontractors, contract managers, successors and assigns (collectively hereinafter, the “Companies”) from liability for all injuries sustained by the Member, any loss or damages of any nature or kind, and/or cost of liability resulting from any act or omission, including negligence, of the Companies in connection with the use of the Facility by Member or others. Member agrees to indemnify and hold harmless the companies from any loss, liability, damage or cost that it/they may incur from Member’s presence at the Facility or use of the Facility, including but not limited to any liability or loss the Companies may be held responsible for because of any torts committed by the member or any guest of Member, against the Member or against any other persons present at the Facility or present within the premises of The Peachtree, and employees of Member further agrees to reimburse the Companies for any damage that he or she may cause, or any guest of the foregoingMember may cause, from any and all claims, demands to the Facility or causes to the asset or property 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 unknownCompanies. It is the intention of the Company and Guarantor in executing intended that this release shall constitute a good, sufficient, and complete defense against any action which might be brought by the Member or anyone acting on the Member’s behalf or claiming by or through the Member, alleging injury, loss, or damage arising our of use of, or presence within, the Facility. Member further agrees to execute and deliver to Manager or Manager’s designees such additional release(s), which may be required by Manager from time to time. Member acknowledges that the same shall be effective as a bar to each his or her execution and every claim, demand and cause of action specified and in furtherance delivery of this intention release and indemnity is a material inducement for Manager to enter into this Agreement, that Manager has entered into this Agreement in reliance on this release and indemnity, and that Manager would not enter into this Agreement in the Company absence of this release and Guarantor each waives indemnity. Member has signed this release and relinquishes indemnity of his or her own free will and agrees with all rights terms 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 DEBTORconditions.” 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 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, 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. (a) For and in consideration of the agreements contained in this Fourth Amendment and other good and valuable consideration, the Company and the each Subsidiary Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release waives, releases, remises and forever discharge Xxxxx Fargodischarges the holders of the Notes, and any and all of their respective participants, parent corporations, subsidiary corporations, affiliated corporationsaffiliates, insurers, indemnitors, successors and assigns thereof, together with all of the present and former directors, officers, agents, attorneysadvisors, attorneys 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, present or future, liquidated or unliquidated, suspected or unsuspected, which the Company or any Subsidiary Guarantor has had, now has has, hereafter may have, or has made claim to have against any such person or entity for or by reason of any act, omission, matter, cause or thing whatsoever arising from at any time prior to the beginning effectiveness hereof that arise out of time or relate to and including the date of Notes, the Note Agreements, this Fourth Amendment, the other Financing Agreements and/or the transactions arising thereunder, related thereto, contemplated thereby or in furtherance thereof, whether such claims, demands and causes of action are matured or unmatured or known or unknown. It is the intention of the Company and each Subsidiary Guarantor 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 and in furtherance of this intention the specified. The Company and each Subsidiary 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 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.

Release. Company Each Indemnifying Stockholder, effective only upon the occurrence of the Closing, shall have, and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and does, unconditionally release and forever discharge Xxxxx Fargothe Company, the Company Subsidiaries, Parent, Merger Sub, the Surviving Corporation and any other Subsidiary of Parent, including their respective officers, directors and employees, from (a) any and all participantsobligations or duties the Company or any Company Subsidiary might have to such Indemnifying Stockholder, 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 (b) any and all claims, demands or causes claims of action of any kind, nature or descriptionliability, whether arising in law legal or equity or upon contract or tort or under any state or federal law or otherwiseequitable, of every kind and nature, which Company or Guarantor has such Indemnifying Stockholder ever had, now has or may claim against the Company, any Company Subsidiary, Parent, Merger Sub or any other Subsidiary of Parent, in each case, in connection with this Agreement or the transactions contemplated hereby, and (c) any and all claims of liability, whether legal or equitable, or every kind and nature, which such Indemnifying Stockholder ever had, now has made or may claim against the Company, any Company Subsidiary, Parent, Merger Sub or any other Subsidiary of Parent, in each case arising out of facts or circumstances occurring at any time on or prior to have against the Closing Date; provided, however, that such release shall exclude those claims, liabilities, obligations and duties of the Company, Parent, Merger Sub and the Surviving Corporation arising under this Agreement and any agreement entered into in connection herewith (including, without limitation, any under Section 7.12) and shall exclude, to the extent applicable with respect to any Indemnifying Stockholder who is a current Employee, (i) compensation not yet paid (including any amounts payable in connection with the consummation of the transactions contemplated by this Agreement), (ii) reimbursement for expenses incurred by any such person for Indemnifying Stockholder in the ordinary course of his or by reason of her employment which are reimbursable under the Company’s or the applicable Company Subsidiary’s expense reimbursement policies, (iii) accrued vacation, subject to the Company’s or the applicable Company Subsidiary’s policies on accrual and carry forward, and (iv) 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 remaining obligations of the Company and Guarantor in executing this release that the same shall be effective as a bar or any Company Subsidiary 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 DEBTORindemnify any officer or director.” 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 As a material inducement to Landlord to enter into this Amendment, Tenant hereby absolutely and unconditionally release and forever discharge Xxxxx Fargoreleases Landlord from, and hereby waives, any and all participantslosses, parent corporationscosts, subsidiary corporationsdamages, affiliated corporationsexpenses, insurersliabilities, 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 claims and causes of action are matured (collectively, the “Released Claims”) arising prior to the Effective Date from or unmatured related to Tenant’s inability or known limitation to conduct operations from the Premises as a result of any “shelter in place” orders or unknown. It is the intention similar governmental directives, including, without limitation, any claims for, and/or rights of, termination of the Company and Guarantor Lease and/or abatement, offset and/or deferral of Rent under the Lease, at law and/or in executing this release that equity related to the same shall be effective inability of Tenant to conduct operations from the Premises as a bar result of any “shelter in place” orders or similar governmental directives related thereto. With respect to each and every claimthe Released Claims, demand and cause Tenant acknowledges that Tenant has either been advised by legal counsel or has made itself familiar with 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 THAT THE ./-/11-17-20// -12- 0000000x0 / 500209.0017 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 DEBTORDEBTOR OR RELEASED PARTY. Tenant, being aware of the foregoing code section, hereby expressly waives any rights Tenant may have thereunder, as well as under any other statutes or common-law principles of similar effect, pertaining to the Released Claims.” 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 thereofXxxxxxxx voluntarily accepts this position, together with all an increase to his prior annual base salary in the amount of twenty-two thousand five hundred dollars ($22,500.00); thus, Xxxxxxxx’x annual salary shall now be two hundred twenty-five thousand dollars ($225,000.00). Xxxxxxxx acknowledges and agrees that his current compensation is not being adversely modified in any material respect without his effective consent and that his authority or duties are not being materially changed without his effective consent. Xxxxxxxx also acknowledges that there is no diminution or adverse modification to his title, status, overall position or responsibilities. In consideration of the present aforementioned, Xxxxxxxx fully and former directorsforever releases and discharges the Company from, officersand covenants not to xxx or otherwise institute or cause to be instituted any legal or administrative proceedings against the Company with respect to, any matter arising out of or relating to this change in compensation and title and responsibilities or any acts of the Company, including, without limitation, any claims and causes of action against the Company which relate to conduct occurring before and up to the date this Agreement is executed. Moreover, Xxxxxxxx hereby releases, acquits, and discharges the Company, and each of its agents, attorneys, and employees of any of the foregoing, predecessors and/or successors in interest from any and all rights, actions, claims, demands or demands, costs, contracts, allegations, liabilities, obligations, damages and causes of action of any kind, nature or descriptionaction, whether arising in law known, suspected or equity or upon contract or tort or under any state or federal law or otherwiseunknown, which Company Xxxxxxxx had or Guarantor has had, now has or has made may claim to have against any such person for or had by reason of any act, omission, matter, cause act or thing whatsoever arising omission from the beginning of time to through and including the date of this AmendmentAgreement. In addition, whether such and in further consideration of the foregoing, Xxxxxxxx hereby agrees that nothing contained in this Agreement shall constitute or be treated as an admission of liability or wrongdoing by the Company, which liability the Company expressly denies. Xxxxxxxx further represents that he has neither filed any claims, demands and causes of action are matured charges, complaints or unmatured actions against the Company, nor has he assigned any charges, complaints, claims or known or unknown. It is actions against 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 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. Company (a) Each of the Sellers, J. Xxxxx and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below M. Xxxxx (each, a “Seller Releasor”) hereby absolutely and unconditionally release irrevocably releases and forever discharge Xxxxx Fargodischarges LGE, Mandate and each of their respective Subsidiaries and Affiliates (other than Ghost House Mobile), whether direct or indirect, and any and all participants, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all of the their present and former directors, officers, agentsemployees, attorneysmembers, partners and employees shareholders and the respective successors, agents and assigns of any of the foregoing, foregoing (such Persons are collectively referred to as the “Purchaser Covered Persons”) from any and all obligations, Liabilities, damages, costs, claims, demands complaints, charges or 62 causes of action of any kind, nature or description, whether arising in law or equity that such Seller Releasor or upon contract such Seller Releasor’s heirs, administrators, successors or tort assigns may now have or under may ever have against any state or federal law of the Purchaser Covered Persons, whether accrued, absolute, contingent, unliquidated 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 , and which have or may have arisen out of any act or omission occurring prior to the intention Closing arising out of or relating to, or in connection with any facts or circumstances relating to Mandate or any of its Affiliates which existed on or prior to the Closing Date; provided, however, that the foregoing shall in no way modify or otherwise limit the rights of the Company and Guarantor Seller Releasors under this Agreement or the other agreements entered into in executing this release connection herewith or therewith; provided, further, however, that the same foregoing release shall be effective as a bar not apply to each and every claimany obligation or Liability (i) to reimburse Kxxxxx, demand and cause Gxxxxxxxx or J. Xxxxx for any bona fide business expenses incurred in the Ordinary Course of action specified and Business prior to Closing in furtherance accordance with Mandate’s reimbursement policies, (ii) to Kxxxxx, Gxxxxxxxx or J. Xxxxx for unpaid salary or bonuses earned prior to Closing or vacation accrued prior to Closing or (iii) for bona fide benefits relating to the period prior to Closing owing to Kxxxxx, Gxxxxxxxx or J. Xxxxx or any of this intention the Company and Guarantor each waives and relinquishes all rights and benefits their beneficiaries 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 DEBTORany Plans.” 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 Credit Party acknowledges that the Administrative Agent and the Guarantor signing Lenders would not enter into this Consent and Amendment without each Credit Party’s assurance that such Credit Party has no claim against the Acknowledgment Administrative Agent or any Lender, their respective direct and Agreement indirect equity holders, beneficiaries, Subsidiaries, Affiliates, officers, directors, employees, attorneys, agents, professionals and servants, or any of Guarantor set forth below hereby absolutely their respective predecessors, successors, heirs and unconditionally release assigns (collectively, the “Releasees” and forever discharge Xxxxx Fargoeach, a “Releasee”). Each Credit Party, for itself and on behalf of its Affiliates, and any its and all participantstheir respective officers, parent corporationsdirectors, subsidiary corporationsmanagers, affiliated corporationsemployees, insurersagents, indemnitorsrepresentatives, direct and indirect equity holders, and their respective predecessors, successors and assigns thereof(collectively, together with all of the present and former directors, officers, agents, attorneys, and employees “Releasors”) releases each Releasee from any known or unknown claims which such Credit Party now has against any Releasee of any of nature, including, without limitation, any claims that any Releasor, or any Releasor’s successors, counsel and advisors may in the foregoing, from any and all claims, demands or causes of action of any kind, nature or descriptionfuture discover they would have had now if they had known facts not now known to them, whether arising founded in law or equity or upon contract or contract, in tort or under pursuant to 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 other theory 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 unknownliability. 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 The Credit Parties waive all rights and benefits which they now have or may in the future have under the terms of Section 1542 of the Civil Code of the State of CaliforniaCalifornia or under the statute or common law of any jurisdiction applicable hereto which has the same or similar effect as the provisions of said Section 1542, which providesreads in full 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 RELEASERELEASE WHICH, WHICH IF KNOWN BY HIM OR HER MIGHT MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The parties acknowledge that provisions, waivers and releases set forth in this Section 14 are binding upon each may hereafter discover facts different from Releasor. The provisions, waivers and releases of this Section 14 shall inure to the benefit of each Releasee. The provisions of this Section 14 shall survive payment in full of the Obligations, full performance of all of the terms of this Consent Amendment, the Credit Agreement and the other Fundamental Documents and/or any action by the Administrative Agent or in addition any Lender or any other Releasee to those now known exercise any remedy available under the Fundamental Documents, applicable Laws 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 factsotherwise.

Release. Company Upon the satisfaction by Guarantor of its obligations hereunder and its direct obligations under the Credit Agreement and the Guarantor signing the Acknowledgment and Agreement of Guarantor set forth below hereby absolutely and unconditionally release and forever discharge Xxxxx FargoNotes executed pursuant thereto, and when Guarantor is no longer subject to any obligation hereunder or thereunder, the Agent shall deliver to Guarantor, upon written request therefor, (i) a written release of this Guaranty and all participants(ii) appropriate discharges of any Collateral provided by Guarantor for this Guaranty; provided however that, parent corporationsthe effectiveness of this Guaranty shall continue or be reinstated, subsidiary corporationsas the case may be, affiliated corporationsin the event: (x) that any payment received or credit given by the Agent or the Lenders, insurersor any of them, indemnitorsis returned, successors 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 assigns thereofthis Guaranty shall thereafter be enforceable against Guarantor as if such returned, together with all disgorged, recontributed or rescinded payment or credit has not been received or given by the Agent or the Lenders, and whether or not the 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 the Agent or the Lenders, or any of them, relating to the environmental condition of any property mortgaged or pledged to Agent on behalf of the present and former directorsLenders by Guarantor, officersany Permitted Borrower or any other party as collateral (in whole or part) for any indebtedness or obligation evidenced or secured by this Guaranty, agentswhether such condition is known or unknown, attorneys, and employees now exists or subsequently arises (excluding only conditions which arise after acquisition by Agent or any Lender of any such property, in lieu 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 foreclosure or otherwise, due to the wrongful act or omission of Agent or such Lender) in which Company event this Guaranty shall thereafter be enforceable against Guarantor 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" includes, 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 In furtherance of the “AS IS, WHERE IS” nature of the sale, Buyer shall rely solely upon Buyer’s own knowledge of the Property based on its investigation of the Property and its own inspection of the Property in determining the Property’s physical condition. Except with respect to Seller’s representations and warranties under Section 9(a) or in the Seller Closing Documents, Buyer and anyone claiming by, through or under Buyer hereby waives its right to Sugarhouse PSA (Multifamily) recover from and fully and irrevocably releases Seller 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, Seller Related Entities from any and all claimsClaims that it may now have or hereafter acquire against any of the Seller Related Entities arising from or related to any construction defects, demands errors, omissions or causes of action of any kindother physical conditions, nature or description, whether arising in law or equity or upon contract or tort or under any state or federal law latent or otherwise, including environmental matters, affecting the Property, or any portion thereof. This release includes Claims or which Company Buyer is presently unaware or Guarantor has hadwhich Buyer does not presently suspect to exist which, if known by Buyer, would materially affect Buyer’s release to Seller. From and after the Close of Escrow, in connection with the above release, Buyer specifically acknowledges that this release specifically extends to claims which the Buyer does not know or suspect to exist in its favor at the time of executing the release, which if known by Buyer must have materially affected Buyer. In this connection and to the extent permitted by law, Buyer hereby agrees, represents and warrants that Buyer realizes and acknowledges that factual matters now has unknown to it may have given or has made claim may hereafter give rise 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 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 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 debts, controversies, damages, costs, losses and expenses which are presently unknown, unanticipated and unsuspected, and Buyer further agrees, represents and warrants that the waivers and releases herein have been negotiated and agreed upon in light of that realization and that from and after the Close of Escrow, Buyer nevertheless hereby intends to release, discharge and acquit Seller from any such unknown causes of action action, claims, demands, debts, controversies, damages, costs, losses and agree that expenses which might in any way be included as a material portion of the consideration given to Seller by Buyer in exchange for Seller’s performance hereunder. Seller has given Buyer material concessions regarding this instrument transaction in exchange for Buyer agreeing to the provisions of this Section 9(d). Buyer has initialed this Section 9(d) to further indicate its awareness and acceptance of each and every provision hereof. This Section 9(d) shall be survive any termination of this Agreement and remain effective in all respects notwithstanding any such differences or additional facts.the Closing. ______/s/ TR_/s/GTC___ BUYER’S INITIALS

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(a) Subject to Section 7.14(c), and any and all participantsBuyer agrees that, parent corporations, subsidiary corporations, affiliated corporations, insurers, indemnitors, successors and assigns thereof, together with all effective as of the present Closing Date, each Acquired Company shall be deemed to have released and former discharged each Seller and such Seller’s Affiliates (which for purposes of this Section 7.14(a), Seller’s Affiliates shall not include the Acquired Companies or their respective directors, officersofficers or employees (other than personnel of MKH Capital Partners, agentswho shall be deemed to be Seller’s Affiliates)) and their respective Representatives (whether in such Person’s capacity as an equityholder, attorneysdirector, and employees of any of officer, employee or otherwise) (the foregoing, “Seller Released Parties”) from any and all claims, demands or and causes of action of any kind, nature or descriptionaction, whether known or unknown, liquidated or contingent, relating to, arising out of or in law or equity or upon contract or tort or under any state or federal law or otherwise, which way connected with the dealings of such Acquired Company or Guarantor has had, now has or has made claim to have against any and such person for or by reason of any act, omission, matter, cause or thing whatsoever arising Seller Released Party from the beginning of time through the Closing Date, in each case, solely to and including the date of this Amendment, whether extent such claims, demands and causes of action are matured (i) relate to the Transactions or unmatured the Agreement, or known (ii) arise out of, or unknown. It is relate to, the intention organization, management or operation of the Company and Guarantor in executing businesses of the Acquired Companies relating to any matter, occurrence, action or activity on or prior to the Closing Date; provided, however, that such release shall not operate to release such Seller Released Party from his, her or its obligations, if any, under this release Agreement. Buyer acknowledges that the same shall be effective as a bar to each and every claim, demand and cause Laws of action specified and in furtherance of this intention many states provide substantially 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 providesfollowing: “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 DEBTORDEBTOR OR RELEASED PARTY.” The parties acknowledge Buyer acknowledges that such provisions are designed to protect a party from waiving claims which it does not know exist or may exist. Nonetheless, Buyer agrees that, effective as of the Closing Date, each may hereafter discover facts different from Acquired Company and Buyer shall be deemed to waive any such provision. Buyer further agrees that neither Buyer nor any Acquired Company shall, nor permit any Affiliate thereof to, (x) institute a lawsuit or in addition other legal proceeding based upon, arising out of, or relating to those now known or believed to be true with respect to such any of the released claims, demands(y) participate, assist, or causes of action and agree that this instrument shall be and remain effective cooperate in all respects notwithstanding any such differences proceeding or additional facts(z) encourage, assist and/or solicit any third party to institute any such proceeding.