Common use of Released Claims Clause in Contracts

Released Claims. In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In Upon the Effective Date of this Agreement, and in consideration of these additional benefitsthe provisions of the Agreement, you, on behalf of your heirs, spouse and assigns, hereby completely release the Releasees shall be released and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as discharged by the “Company”) Class Releasors from any and all claims, of any and every kind, nature and character, known claims arising from or unknown, foreseen or unforeseen, based on any act or omission occurring prior relating to the date of you signing this Release AgreementImprelis®, including but not limited to any claims arising out of your offer of employmentthose that were, your employment or termination of your employment with the Company or your right to purchasecould have been, or actual purchase of shares of stock of could be asserted by the Company Class Releasors, subject only to the express exceptions listed herein (including, but not limited to, all rights related to or associated with stock options and restricted stock unitsthe “Released Claims”), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released Released Claims shall include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether causes of action, demands, actions, suits, rights, obligations, controversies or the like, known or unknown, foreseen under state consumer fraud, warranty, or unforeseenunjust enrichment laws. The only claims excluded from this Release shall be that 1) Class 1, except Class 2, or Class 3 Members will not release claims for personal injury, wrongful death, and any environmental claims not related to claimed injuries to Class Member’s property and vegetation; and 2) Class 2 Members will not release any right to seek to recover from DuPont for claims of lost profits for business interruption, and/or suits brought against Class 2 Members arising out of their work relating to the application of Imprelis® brought by those claims expressly described belowwho have opted-out of this Agreement. You expressly waive All Class Releasors covenant and agree that they shall not hereafter seek to establish liability against any rights Releasees based, in whole or benefits under Section 1542 in part, on any of the California Civil CodeReleased Claims. Each Class Releasor expressly waives and fully, finally, and forever settles and releases any known or any equivalent statuteunknown, suspected or unsuspected, contingent or non-contingent Released Claims without regard to the subsequent discovery or existence of different or additional facts. California Civil Code Section 1542 provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW IN ADDITION, EACH CLASS RELEASOR HEREBY EXPRESSLY WAIVES AND RELEASES, UPON THIS AGREEMENT BECOMING EFFECTIVE, ANY AND ALL PROVISIONS, RIGHTS, AND BENEFITS CONFERRED BY ANY STATUTE, LAW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME PRINCIPLE OF EXECUTING THE RELEASECOMMON LAW, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH IS SIMILAR, COMPARABLE, OR EQUIVALENT TO § 1542 OF THE DEBTOR.” You fully understand thatCALIFORNIA CIVIL CODE, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.WHICH READS:

Released Claims. A. In consideration of these additional benefitsthe monetary provisions contained in this Settlement Agreement, youeach Class Plaintiff and member of the Settlement Class who did not timely file with the Court a valid request for exclusion from this settlement will be deemed, on behalf upon the Effective Date, to have (and by operation of your heirsthe Final Judgment shall have), spouse and assignsfully, hereby completely release finally, and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as released the “Company”) Releasees from any and all claims, of any and every kind, nature and characterClaims, known or unknown, foreseen or unforeseen, based on that were asserted or could have been asserted against Settling Defendants. The Final Judgment shall be deemed res judicata as to any act such released Claim. B. The Settling Parties expressly agree that they do not intend this Settlement Agreement nor any documents executed or omission occurring prior submitted pursuant to the date of you signing this Release AgreementSettlement Agreement to be construed as a release or otherwise affect any rights Class Plaintiffs have or may have against any other entity whosoever, including but not limited to any claims arising out of your offer of employmentHoltzbrinck Publishers, your employment or termination of your employment with the Company or your right to purchaseLLC, d/b/a MacMillan, Penguin Group (USA), Inc., Apple, Inc., or actual purchase any of shares of stock of their parents, affiliated entities, officers, directors, employees, or attorneys. The Final Judgment approving this Settlement Agreement shall include a provision that this Settlement Agreement and anything done pursuant thereto shall not constitute a release except as to Releasees, and the Company (including, but not limited to, all Class Plaintiffs and Consumers reserve their rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate as aforesaid. C. To the fullest extent permitted by law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You Settling Parties each expressly waive any rights right or benefits benefit available to them under Section 1542 of the California Civil Code, or any equivalent statute. 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 RELEASEgeneral release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTORwhich if known by him must have materially affected his settlement with the debtor,” and all provisions, rights and benefits conferred by any law of any state or territory of the United States, or principle of common law or foreign law, that is similar, comparable or equivalent in effect to Section 1542 of the California Civil Code or that otherwise may limit the extent or effect of the release.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration of these additional benefits(a) Except as provided in paragraph 2 below, youExecutive, on behalf of your himself, his heirs, spouse dependents, and assignsadministrators, hereby completely release absolutely, irrevocably and unconditionally releases and forever discharge Ikanosdischarges the Company, its past which includes all parents, subsidiaries, affiliates, predecessors, successors, assigns and present affiliatestheir respective directors, officers, employees, agents, officersattorneys and shareholders (severally and collectively, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “CompanyReleasees”) from any and all claims, of any known and every kind, nature and character, known or unknown, foreseen or unforeseenunder federal, based on any act or omission occurring prior to the date of you signing this Release Agreementstate and local law (including all common law claims) and all statues, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (ordinances and regulations including, but not limited to, all rights related claims relating to or associated with stock options and restricted stock units)breach of contract, including, without limitation, any claims for fraudbreach of promise, misrepresentation, breach invasion of fiduciary dutyprivacy, breach wrongful discharge, discrimination on account of duty under applicable state corporate age, race, sex, religion, national origin, military status, disability or other such characteristics protected by law, and securities fraud under that Executive may have against any state or federal law. The matters released include, but are not limited of the Releasees relating to, or arising out of, his employment with, or retirement or separation from employment with, the Company whether now apparent or yet to be discovered or which may develop based on events that have transpired from the beginning of time to the Retirement Date, whether or not any claims under federalaction, state claim, compliant, grievance or local lawscharge has been filed by Executive or on Executive’s behalf. Further, including Executive specifically releases the Releasees from any and all claims arising under Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Americans With Disabilities Act of 1990, the Age Discrimination in Employment Act of 1967 (“ADEA”) ), as amended byamended, the Family and Medical Leave Act, the Worker Adjustment and Retraining Notification Act, as amended, and any similar state or local law, ordinance or regulation prohibiting discrimination in employment, based on events that have transpired from the beginning of time to the Effective Date. In addition, Executive also releases the Releasees and waives any right to or claim for any and all attorney’s fees, including litigation expenses and costs that Executive may claim under any statute, regulation or at common law or in equity, including but not limited toto those set forth above. (b) Subject to paragraph 2 below, Executive covenants and agrees that he will not now or at any time in the Older Workers’ Benefit Protection Act (“OWBPA”) and future commence, maintain, or participate in as a party, or permit to be filed by another person on his behalf or as a member of any common law tort contract alleged class of persons, any action, suit, proceeding, claim, or statutory claims, and complaint of any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive kind against any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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.” You fully understand that, if any fact Releasees with respect to any matter covered which arises from or relates to his employment with, or retirement or separation from employment with, the Company or which is encompassed in the release set forth in paragraph 1(a) above. (c) Executive understands that by signing this Release Agreement is found hereafter Release, he waives and releases any unknown or undiscovered claims against any Releasees based on events that have transpired up to and including the Retirement Date. Executive acknowledges that facts may be discovered in the future that are different from those Executive agrees to be other than true in entering into this Agreement. Notwithstanding that information may arise or facts may be discovered in the future, it is understood and agreed that Executive assumes such risks and the release of all claims contained in this Agreement shall remain in full force and effect in all respects, regardless of such additional or different from the facts, whether such facts are now believed by you to be trueknown or unknown, you expressly accept and assume that this Release Agreement shall be and remain effectivesuspected or unsuspected, notwithstanding such difference in the factsdiscoverable, or not currently discoverable.

Released Claims. In consideration The ERISA Settlement Agreement shall contain a full and general release of these additional benefitsall Released ERISA Parties. The release shall cover any and all rights, youdemands, causes of action, suits, matters, and issues that have been, might have been or could be asserted against the Released ERISA Parties in the ERISA Actions by or on behalf of your heirsthe Settling ERISA Plaintiffs, spouse and assigns, hereby completely release and forever discharge Ikanos, its any past and or present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as participant or beneficiary of the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchasePlan, or actual purchase the Plan itself, in any court of shares of stock of the Company (competent jurisdiction, including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for negligence, gross negligence, professional negligence, breach of duty of care and/or breach of duty of loyalty and/or breach of duty of candor, fraud, misrepresentation, breach of fiduciary duty, mismanagement, corporate waste, malpractice, breach of duty under applicable contract, negligent misrepresentation, violations of state corporate lawor federal statutes, rules or regulations and securities fraud under any unknown claims, arising out of or related, directly or indirectly, in any way, to the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, referred to or that could have been asserted in the ERISA Actions, provided, however, that the releases shall be limited to matters pertaining to the Plan that were or could have been prosecuted on a Plan-wide or Class-wide basis. The releases set forth in the ERISA Settlement Agreement shall cover all claims both known and unknown, with the Settling ERISA Parties agreeing to waive the benefits of ss.1542 of the California Civil Code (or by any law or any state or federal law. The matters released include, but are not limited to, any claims under federal, state territory of the United States or local laws, including claims arising under the Age Discrimination in Employment Act principle of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract that is similar, comparable or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 equivalent to ss.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 favor at the time of executing the release, or any equivalent statute. California Civil Code Section 1542 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 DEBTORwhich if known by him must have materially affected his settlement with the debtor.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration The ERISA Settlement Agreement shall contain a full and general release of these additional benefitsall Released ERISA Parties. The release shall cover any and all rights, youdemands, causes of action, suits, matters, and issues that have been, might have been or could be asserted against the Released ERISA Parties in the ERISA Actions by or on behalf of your heirsthe Settling ERISA Plaintiffs, spouse and assigns, hereby completely release and forever discharge Ikanos, its any past and or present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as participant or beneficiary of the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchasePlan, or actual purchase the Plan itself, in any court of shares of stock of the Company (competent jurisdiction, including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for negligence, gross negligence, professional negligence, breach of duty of care and/or breach of duty of loyalty and/or breach of duty of candor, fraud, misrepresentation, breach of fiduciary duty, mismanagement, corporate waste, malpractice, breach of duty under applicable contract, negligent misrepresentation, violations of state corporate lawor federal statutes, rules or regulations and securities fraud under any unknown claims, arising out of or related, directly or indirectly, in any way, to the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, referred to or that could have been asserted in the ERISA Actions, provided, however, that the releases shall be limited to matters pertaining to the Plan that were or could have been prosecuted on a Plan-wide or Class-wide basis. The releases set forth in the ERISA Settlement Agreement shall cover all claims both known and unknown, with the Settling ERISA Parties agreeing to waive the benefits of (S)1542 of the California Civil Code (or by any law or any state or federal law. The matters released include, but are not limited to, any claims under federal, state territory of the United States or local laws, including claims arising under the Age Discrimination in Employment Act principle of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract that is similar, comparable or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 equivalent to ss.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 favor at the time of executing the release, or any equivalent statute. California Civil Code Section 1542 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 DEBTORwhich if known by him must have materially affected his settlement with the debtor.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration The ERISA Settlement Agreement shall contain a full and general release of these additional benefitsall Released ERISA Parties. The release shall cover any and all rights, youdemands, causes of action, suits, matters, and issues that have been, might have been or could be asserted against the Released ERISA Parties in the ERISA Actions by or on behalf of your heirsthe Settling ERISA Plaintiffs, spouse and assigns, hereby completely release and forever discharge Ikanos, its any past and or present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as participant or beneficiary of the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchasePlan, or actual purchase the Plan itself, in any court of shares of stock of the Company (competent jurisdiction, including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for negligence, gross negligence, professional negligence, breach of duty of care and/or breach of duty of loyalty and/or breach of duty of candor, fraud, misrepresentation, breach of fiduciary duty, mismanagement, corporate waste, malpractice, breach of duty under applicable contract, negligent misrepresentation, violations of state corporate lawor federal statutes, rules or regulations and securities fraud under any unknown claims, arising out of or related, directly or indirectly, in any way, to the allegations, transactions, facts, matters or occurrences, representations or omissions involved, set forth, referred to or that could have been asserted in the ERISA Actions, provided, however, that the releases shall be limited to matters pertaining to the Plan that were or could have been prosecuted on a Plan-wide or Class-wide basis. The releases set forth in the ERISA Settlement Agreement shall cover all claims both known and unknown, with the Settling ERISA Parties agreeing to waive the benefits of Section 1542 of the California Civil Code (or by any law or any state or federal law. The matters released include, but are not limited to, any claims under federal, state territory of the United States or local laws, including claims arising under the Age Discrimination in Employment Act principle of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract that is similar, comparable or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under equivalent to 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 favor at the time of executing the release, or any equivalent statute. California Civil Code Section 1542 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 DEBTORwhich if known by him must have materially affected his settlement with the debtor.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration The Parties intend to effect a global settlement of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any issues, and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior matters between them as it relates to the date facts alleged in the SAC. In consideration for the releases and covenants set forth below, the Parties stipulate and agree as follows. As to the foregoing release of you signing the Released Claims and Unknown Claims only, Plaintiff agrees this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options shall constitute a general release and restricted stock units), includingwaiver which includes, without limitation, an express waiver to the fullest extent permitted by law by Plaintiff and the Settlement Class Members of any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty and all rights under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section § 1542 provides as followsor any similar law of any other state or of the United States, 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 MUST OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.DEBTOR OR RELEASED PARTY. FOR CLARITY, THE CLASS IS PROVIDING A “GENERAL RELEASE” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept TO THE RELEASED PARTIES SOLELY REGARDING THE RELEASED CLAIMS AND UNKNOWN CLAIMS (AS DEFINED HEREIN). Plaintiff acknowledges and assume agrees that this waiver is an essential and material term of the Release, and that without such waiver, the Agreement would not have been entered into. Plaintiff acknowledges the significance and consequences of the Release Agreement and of the specific waiver of Section 1542. Plaintiff acknowledges that he has read this Agreement, including the above Civil Code section, and that he understands that he is waiving any benefits and rights granted pursuant to California Civil Code section 1542 on behalf of himself and the Settlement Class. The foregoing release shall be and remain effectivenot operate to release MCI, notwithstanding such difference in the factsSDHD, MSD, and/or any other Harley-Davidson dealer from potential liability.

Released Claims. In consideration of these additional benefitsbeing provided the Severance Benefits, youI, on behalf of your my heirs, spouse and assigns, hereby completely release and forever discharge IkanosPEDEVCO and Insperity, its their past and present parent companies, subsidiaries, affiliates, related entities, and each of their past and present principals, partners, agents, officers, directors, shareholdersplan fiduciaries, employees, attorneys, insurers, successors successors, shareholders and assigns (collectively referred to as the collectively, “CompanyReleased Parties”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you my signing this Release AgreementAgreement to the fullest extent allowed by law, including but not limited to any claims arising out of your my offer of employment, your employment my Executive Employment Agreement, dated May 10, 2018, my employment, or termination of your my employment with the Company and Insperity; and any disputed wages, commissions, and bonuses. This release of claims includes, without limitation, claims at law or your right to purchaseequity or sounding in contract (express or implied) or tort, claims arising under any federal, state, or actual purchase local laws, of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units)any jurisdiction, including, without limitation, those that prohibit age, sex, race, national origin, color, sexual orientation, pregnancy, disability, religion, veteran status, gender identity or gender expression, or any claims for fraudother form of discrimination, misrepresentationharassment, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal lawretaliation. The matters released include, but are not limited to, any claims under federal, state state, or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, by the Older Workers’ Benefit Protection Act (“OWBPA”) ), Title VII of the Civil Rights Act of 1964; the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Civil Rights Act of 1866, 42 U.S.C. §1981; the Employee Retirement Income Security Act of 1974; the Civil Rights Act of 1991; the Family and Medical Leave Act of 1993; the California Family Rights Act, the California Fair Employment and Housing Act, the California Labor Code, and any other state or federal law, common law tort contract tort, contract, or statutory claims, and any claims for attorneys’ fees and costs. You I understand and agree that that, with the exception of excluded claims, this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You I expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.:

Released Claims. In consideration As of these additional benefitsthe Effective Date, youthe following releases will be effective: a. All Settlement Class Members (and their assigns, on behalf of your heirs, spouse successors and assignspersonal representatives) except those Settlement Class Members whose Settlement Notice could not be delivered and/or for whom an address to send payment could not be determined, hereby completely fully release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) Released Parties from any and all rights, duties, obligations, claims, counterclaims, defenses, actions, causes of action or liabilities with respect to the Claims. b. Plaintiff, solely on her own behalf (and on behalf of her assigns, heirs, successors and personal representatives) and not on behalf of any other Class Member, generally releases all claims whatsoever that she has or may have against the Released Parties as of the date she executes this Agreement. Plaintiff expressly waives and every kindrelinquishes, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate fullest extent permitted by law, the provisions, rights and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act benefits of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil CodeCode as to the all claims or potential claims released herein. Section 1542 provides: c. Plaintiff represents and warrants that, except to the extent that the law firm formerly representing her in the Litigation (Phillips, Erlewine, Given & Xxxxxx LLP) has a valid lien against her recovery in the Litigation, she is the sole and exclusive owner of all claims that she personally is releasing under this Agreement. Plaintiff further acknowledges that (except for the aforementioned lien) she has not assigned, pledged, or in any equivalent statute. California Civil Code Section 1542 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 RELEASEmanner whatsoever, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTORsold, transferred, assigned or encumbered any right, title, interest or claim arising out of or in any way whatsoever pertaining to this Litigation, including without limitation, any claim for benefits, proceeds or value under the Litigation.” You fully understand that, if any fact with respect d. Each and every Settlement Class Member – except those whose Class Notice could not be delivered and/or for whom an address to any matter covered by this Release Agreement is found hereafter to send payment could not be other than or different from the facts now believed by you to be true, you expressly accept determined – who has not submitted a timely and assume that this Release Agreement valid opt-out request shall be permanently enjoined and remain effectiveforever barred from prosecuting any and all Claims against the Released Parties. Since the Parties intend that each and every Settlement Class Member will be issued a settlement check, notwithstanding such difference in and since the factsfunds from any settlement checks not timely cashed will escheat pursuant to Paragraph C.7.b above, the Parties do not contemplate that any Settlement Class Member’s release will be unenforceable because the particular Settlement Class Member did not timely cash her settlement check.

Released Claims. In consideration of these additional benefitsbeing provided the Severance Benefits, youI, on behalf of your my heirs, spouse and assigns, hereby completely release and forever discharge IkanosPEDEVCO and Insperity, its their past and present parent companies, subsidiaries, affiliates, related entities, and each of their past and present principals, partners, agents, officers, directors, shareholdersplan fiduciaries, employees, attorneys, insurers, successors successors, shareholders and assigns (collectively referred to as the collectively, “CompanyReleased Parties”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you my signing this Release AgreementAgreement to the fullest extent allowed by law, including but not limited to any claims arising out of your my offer of employment, your my employment letter agreement, dated June 16, 2012, as amended April 25, 2016, my employment, or termination of your my employment with the Company and Insperity; and any disputed wages, commissions, and bonuses. This release of claims includes, without limitation, claims at law or your right to purchaseequity or sounding in contract (express or implied) or tort, claims arising under any federal, state, or actual purchase local laws, of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units)any jurisdiction, including, without limitation, those that prohibit age, sex, race, national origin, color, sexual orientation, pregnancy, disability, religion, veteran status, gender identity or gender expression, or any claims for fraudother form of discrimination, misrepresentationharassment, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal lawretaliation. The matters released include, but are not limited to, any claims under federal, state state, or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, by the Older Workers’ Benefit Protection Act (“OWBPA”) ), Title VII of the Civil Rights Act of 1964; the Equal Pay Act of 1963; the Americans with Disabilities Act of 1990; the Civil Rights Act of 1866, 42 U.S.C. §1981; the Employee Retirement Income Security Act of 1974; the Civil Rights Act of 1991; the Family and Medical Leave Act of 1993; the California Family Rights Act, the California Fair Employment and Housing Act, the California Labor Code, and any other state or federal law, common law tort contract tort, contract, or statutory claims, and any claims for attorneys’ fees and costs. You I understand and agree that that, with the exception of excluded claims, this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You I expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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.” You I fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you me to be true, you I expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts. Notwithstanding the foregoing, claims challenging the validity of this Release Agreement under the ADEA as amended by the OWBPA, and any claims that cannot be released as a matter of law as set forth under the Protected Rights section below, are not released (collectively, “Excluded Claims”).

Released Claims. In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The Except as provided in the section titled, “Claims Not Released,” below, the matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration of these additional benefitsExcept as outlined under Protected Rights (defined below), youin exchange for the above considerations, I, on behalf of your my heirs, spouse and assigns, hereby completely release and forever discharge Ikanosthe Company, its past past, present and present future parent companies, subsidiaries, affiliates, partners, members, managers, trustees (in their official and individual capacities), employee benefit plans and their fiduciaries (in their official and individual capacities), related entities, and each of their past, present and future agents, officers, directors, shareholders, employees, attorneys, insurers, predecessors, successors and assigns (collectively referred to as collectively, the “CompanyReleased Parties”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you my signing this Release Agreement, to the fullest extent allowed by law, including but not limited to any claims arising out of your my offer of employment, your my employment or termination of your my employment with the Company or your Company, my right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units)Company, including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law, and any and all claims for wrongful discharge of employment, termination in violation of public policy, discrimination, harassment, retaliation, breach of contract (both express and implied), breach of covenant of good faith and fair dealing (both express and implied), promissory estoppel, negligent or intentional infliction of emotional distress, fraud, negligent or intentional misrepresentation, negligent or intentional interference with contract or prospective economic advantage, unfair business practices, defamation, libel, slander, negligence, personal injury, assault, battery, invasion of privacy, false imprisonment, conversion, and disability benefits. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) ” as amended by, including but not limited to, by the Older Workers’ Benefit Protection Act (“OWBPA”) ), the National Labor Relations Act, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Equal Pay Act, the Fair Labor Standards Act, the Securities Act of 1933, the Securities Exchange Act of 1934, the Fair Credit Reporting Act, the Employee Retirement Income Security Act of 1974, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act, the Xxxxxxxx- Xxxxx Act of 2002, the Immigration Reform and Control Act, the California Family Rights Act, the California Labor Code, the California Workers’ Compensation Act and the California Fair Employment and Housing Act, each as amended and any common law tort tort, contract or statutory claims, and any claims for attorneys’ fees and costs. You I understand and agree that with the exception of excluded Protected Rights claims, this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen. I acknowledge and represent that I have no lawsuits, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Codeactions pending in my name, or on behalf of myself or any equivalent statuteother person or entity, against the Released Parties. California Civil Code Section 1542 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 RELEASEI agree that I will not voluntarily provide assistance, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You fully understand thatinformation or advice, if any fact with respect directly or indirectly (including through agents or attorneys), to any matter covered person or entity in connection with any actual or potential claim or cause of action of any kind against the Released Parties and I will not induce or encourage any person or entity to do so, unless compelled or authorized to do so by law or as related directly to the ADEA waiver in this Release Agreement. Notwithstanding the foregoing, I understand and agree that I retain the right to file a charge with the Equal Employment Opportunity Commission (the “EEOC”) and equivalent state and local agencies, and to cooperate with investigations by any such agencies. I agree that this Release Agreement may be pleaded as a full defense to any action, suit, arbitration or other proceeding covered by the terms hereof which is found hereafter or may be initiated, prosecuted or maintained by me, my descendants, dependents, heirs, executors, administrators or permitted assigns. I acknowledge and represent that I have not suffered any discrimination or harassment by the Company or any of the Released Parties on account of race, gender, age, national origin, religion, marital or registered domestic partner status, sexual orientation, disability, veteran status, medical condition or any other characteristic protected by law. I acknowledge and represent that I have not been denied any leave, benefits or rights to which I have been entitled to under any federal or state law, and that I have not suffered any job-related wrongs or injuries for which I might be other than entitled to compensation or different from the facts now believed by you to be true, you expressly accept and assume that relief. The provisions of this Release Agreement shall be binding upon my heirs, executors, administrators, legal representatives and remain effectiveassigns. A failure of any of the Released Parties to insist on strict compliance with any provision of this Release Agreement shall not be deemed a waiver of such provision or any other provision hereof. If any provision of this Release Agreement is determined to be so broad as to be unenforceable, notwithstanding such difference provision shall be interpreted to be only so broad as is enforceable, and in the factsevent that any provision is determined to be entirely unenforceable, such provision shall be deemed severable, such that all other provisions of this Release Agreement shall remain valid and binding upon me and the Released Parties. For the avoidance of doubt, each of the Released Parties shall be a third-party beneficiary to this Release Agreement and shall be entitled to enforce this Release Agreement in accordance with its terms.

Released Claims. In consideration of these additional benefits, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreement, including but not limited to any claims arising out of your offer of employment, your employment or termination of your employment with the Company or your right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts. Claims Not Released. The only claims not released through this Release Agreement are any claims that cannot be released by law, such as claims for unemployment benefits, workers’ compensation and/or claims relating to the validity of this Release Agreement under the ADEA as amended by the OWBPA. Enforcement of This Release Agreement. You also understand and agree that if any suit is brought to enforce the provisions of this Release Agreement, with the exception of a claim brought by you as to the validity of this Release Agreement under the ADEA as amended by the OWBPA, the prevailing party shall be entitled to its costs, expenses, and attorneys’ fees as well as any and all other remedies specifically authorized under the law.

Released Claims. In consideration The Released Claims are all actions, causes of these additional benefitsaction, you, on behalf of your heirs, spouse and assigns, hereby completely release and forever discharge Ikanos, its past and present affiliates, agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of demands, liabilities, obligations, rights and suits whatsoever, whether equitable, legal or administrative, as well as any and every kindclaim for attorneys’ fees or expenses that any Participant now has, nature and character, known may have or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you signing this Release Agreementever had, including but claims that the Participant does not limited know or suspect to any claims arising exist in his or her favor at the Effective Date - which if known to him or her, might have naturally affected the decision to accept the Settlement Agreement - that were or might have been brought in the Litigation or that arise out of your offer of employmentof, your employment in whole or termination of your employment with in part, the Company facts, events, transactions or your right to purchase, or actual purchase of shares of stock of occurrences alleged in the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal lawLitigation. The matters released Released Claims include, but are not limited to, any all claims under federalthat the Cash Balance Amendment, state by its terms, implementation or local lawsadministration, including claims arising under violated ERISA, the Code, the Age Discrimination in Employment Act or any other statute, regulation or source of 1967 law. The Released Claims encompass any claim in connection with benefits earned by any Participant before or after the Effective Date based on claims that the Cash Balance Amendment violated any of the statutes identified above, and include any claims related to the calculation of any Class member’s Settlement Amount, but do not include any claim under the terms of any benefit plan sponsored by the Defendants relating to an alleged miscalculation of any Class member’s benefits where such claim of miscalculation is not related to (“ADEA”i) as amended bythis Settlement or (ii) the matters alleged in the Litigation. The Released Claims expressly include any and all rights any Participant may now have, or in the future may have, under any law relating to the release of unknown claims, including but not limited to, the Older Workers’ Benefit Protection Act (“OWBPA”) and any common law tort contract or statutory claims, and any claims for attorneys’ fees and costs. You understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims expressly described below. You expressly waive any rights or benefits under without limitation Section 1542 of the California Civil Code, which provides: A general release does not extend to the claims which the creditor does not know or any equivalent statutesuspect 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. California Civil Code The Released Claims expressly include a waiver of the rights under Section 1542 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 DEBTORand any comparable law.” You fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you to be true, you expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts.

Released Claims. In consideration of these additional benefits, youI, on behalf of your my heirs, spouse and assigns, hereby completely release and forever discharge IkanosKLA-Tencor, its past and present parent companies, subsidiaries, affiliates, and each of their past and present agents, officers, directors, shareholders, employees, attorneys, insurers, successors and assigns (collectively referred to as the “Company”) from any and all claims, of any and every kind, nature and character, known or unknown, foreseen or unforeseen, based on any act or omission occurring prior to the date of you my signing this Release Agreement, including but not limited to any claims arising out of your my offer of employment, your my employment or termination of your my employment with the Company Company, or your my right to purchase, or actual purchase of shares of stock of the Company (including, but not limited to, all rights related to or associated with stock options and restricted stock units), including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal lawCompany. The matters released include, but are not limited to, any claims under federal, state or local laws, including claims arising under the Age Discrimination in Employment Act of 1967 (“ADEA”) as amended by, including but not limited to, by the Older Workers’ Benefit Protection Act (“OWBPA”) ), and any common law tort tort, contract or statutory claims, and any claims for attorneys’ fees and costs. You I understand and agree that this Release Agreement extinguishes all claims, whether known or unknown, foreseen or unforeseen, except for those claims not released as expressly described below. You I expressly waive any rights or benefits under Section 1542 of the California Civil Code, or any equivalent statute. California Civil Code Section 1542 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 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 MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTORwhich if known by him or her must have materially affected his or her settlement with the debtor.” You I fully understand that, if any fact with respect to any matter covered by this Release Agreement is found hereafter to be other than or different from the facts now believed by you me to be true, you I expressly accept and assume that this Release Agreement shall be and remain effective, notwithstanding such difference in the facts. The only claims not released through this Release Agreement are any claims that cannot be released by law such as claims for unemployment benefits, workers’ compensation, and/or claims relating to the validity of this Release Agreement under the ADEA as amended by the OWBPA. I also understand and agree that if any suit, affirmative defense, or counterclaim is brought to enforce the provisions of this Release Agreement, with the exception of a claim brought by me as to the validity of this Release Agreement under the ADEA as amended by the OWBPA, the prevailing party shall be entitled to its costs, expenses, and attorneys’ fees as well as any and all other remedies specifically authorized under the law.