Common use of Released Claims Clause in Contracts

Released Claims. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the Released Parties from any and all suits, actions, causes of action, claims, or demands for unpaid wages (including overtime wages), damages, reimbursements, unpaid advances, civil and/or statutory penalties, liquidated damages, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitution, and/or equitable relief in any way growing out of their work in a Covered Position for any and all claims that were or could have been asserted in the Lawsuit or that are based on or arise out of the facts alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 [of the Agreement]), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and successors, and each of their current and former owners, stockholders, directors, officers, members, fiduciaries, insurers, employees, attorneys, representatives, and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1 [of the Agreement], the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. Each Settlement Participant further acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released.

Released Claims. 12.1. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the Released Parties from any and all suits, actions, causes of action, claims, or demands for unpaid wages (including overtime wages), damages, reimbursements, unpaid advances, civil and/or statutory penalties, liquidated damages, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitutionrestitut io n, and/or equitable relief in any way growing out of their work in a Covered Position for any and all claims that were or could have been asserted in the Lawsuit or that are based on or arise out of the facts alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 [of the Agreement]above), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and successors, and each of their current and former owners, stockholders, directors, officers, members, fiduciaries, insurers, employees, attorneys, representatives, and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1 [of the Agreement]13.1, the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. 12.2. Each The Notices of Settlement will state that in order to grant a full and complete release of all Released Claims in favor of the Released Parties, each Settlement Participant further acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released. 12.3. Upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, this Agreement will be binding on, and have res judicata and preclusive effect in the Lawsuit and any and all other pending and future lawsuits or other proceedings that seek to assert any claims encompassed by the Released Claims by or on behalf of Settlement Participants. The Parties agree that this Agreement and the Released Claims may be raised as a complete defense to and will preclude any action or proceeding based on any of the Released Claims. 12.4. The Parties acknowledge and agree that the Released Claims is a Material Term (as defined in Paragraph 28 below) of this Agreement and that no settlement could have been reached by the Parties without it.

Released Claims. In further consideration of the promises made in this Agreement​ (i) Genentech. Genentech hereby irrevocably releases, acquits and forever discharges Coherus, Bioeq, their Affiliates, and upon the Effective Date their respective successors, assigns, directors, officers employees, customers, suppliers, and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the Released Parties distributors from any and all suitspast and present (as of the Effective Date) disputes, potential disputes, actions, causes of action, claimssuits, or demands for unpaid wages (including overtime wages)arbitrations, charges, complaints, legal responsibilities, damages, reimbursementsjudgments, unpaid advancesclaims, civil and/or statutory injuries, liabilities, penalties, liquidated damagesfines, losses, bonds, bills, expenses, and demands whatsoever, whether at law or in equity, whether known or unknown, suspected or unsuspected, contingent or matured, and whether accrued or unaccrued, including, without limitation, claims for compensatory, equitable or injunctive relief, general, specific or punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitutionlosses, and/or equitable relief expenses and compensation, arising out of or relating to any Licensed Product (“Genentech Released Claims”). This release and this discharge covers all such Genentech Released Claims of every kind whatsoever, existing as of the Effective Date, matured or unmatured, direct or indirect, absolute or contingent, and whether or not contemplated or asserted by Genentech relating in any reasonable way growing out of their work in a Covered Position for any and all claims that were or could have been asserted in to the Lawsuit or that are based on or arise out of the facts alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC)aforementioned Genentech Released Claims, from the beginning of time through and including the Collective Period or Applicable Class Period Effective Date. ​ (as defined in Paragraphs 1.49 ii) Coherus. Coherus hereby irrevocably releases, acquits and 1.47 [of the Agreement]), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA forever discharges Genentech and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and its respective successors, and each of their current and former owners, stockholdersassigns, directors, officers, members, fiduciaries, insurers, officers employees, attorneyscustomers, representativessuppliers, and agents. premiumdistributors from any and all past and present (as of the Effective Date) disputes, potential disputes, actions, causes of action, suits, arbitrations, charges, complaints, legal responsibilities, damages, judgments, claims, injuries, liabilities, penalties, fines, losses, bonds, bills, expenses, and demands whatsoever, whether at law or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period in equity, whether known or unknown, suspected or unsuspected, contingent or matured, and whether accrued or unaccrued, including, without limitation, claims for compensatory, equitable or injunctive relief, general, specific or punitive damages, costs, losses, expenses and compensation; failure to maintain required business records; failure to provide accurate , arising out of or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions relating to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement Licensed Product (collectively, the “Coherus Released Claims”). Notwithstanding the foregoingThis release and this discharge covers all such Coherus Released Claims of every kind whatsoever, nothing in this provision releases any claim that cannot be released existing as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1 [of the Agreement]Effective Date, the Released Claims apply only matured or unmatured, direct or indirect, absolute or contingent, and whether or not contemplated or asserted by Coherus relating in any reasonable way to the employment aforementioned Coherus Released Claims, from the beginning of Participating Collective Members time through and Participating Class Members while they were employed in including the Covered Positions during the longer of the Collective Period or Applicable Class PeriodEffective Date. Each Settlement Participant further acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released.​

Released Claims. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the “Released Parties from Claims” means any and all suitsclaims, demands, actions, causes of action, claimsrights, or demands for unpaid wages (including overtime wages)offsets, setoffs, suits, damages, reimbursementslawsuits, unpaid advancesliens, civil and/or statutory penaltiescosts, liquidated damagessurcharges, losses, attorney’s fees, expenses or liabilities of any kind whatsoever, in law or in equity, for any relief whatsoever, including monetary, injunctive or declaratory relief, rescission, general, compensatory, special, liquidated, indirect, incidental, consequential or punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitution, and/or equitable relief in any way growing out of their work in a Covered Position for as well as any and all claims for compensatory, punitive or treble damages, penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that were in any way concern, relate to, or arise out of the PCC- Wendover Loans and which any one or more of the Releasors have had, or now have against the Released Persons, as defined in Paragraph 2.32, from the beginning of time up through and including the Effective Date (“Claims”), including but not limited to, any and all Claims arising out of or relating to: (1) allegations that are or could have been asserted against the Released Persons in the Lawsuit or that are based on or arise out Litigation in any way relating to the Wendover Settlement Class Members’ PCC- Wendover Loans; (2) any activities of the facts Released Persons with respect to the PCC-Wendover Loans including, without limitation, any alleged in any version of the complaints filed in the Lawsuit representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (including those asserted in the First Amended Complaint and SAClegal or illegal), from the beginning omissions, failures to act, deceptions, acts of the Collective Period unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 [of the Agreement])fiduciary duty, whichever is the earlier dateconspiracy, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countyexcessive fees collected, or local lawsviolations of any consumer protection statute or merchandising practices act, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and successors, and each of their current and former owners, stockholders, directors, officers, members, fiduciaries, insurers, employees, attorneys, representatives, and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsany state unfair trade practice statute, or any other form body of noncase, statutory or common law or regulation, federal or state, including but not limited to the Missouri Second Mortgage Loans Act, Mo.Rev.Stat. § 408.231, et seq., or any other similar state statute; the Truth in Lending Act, 15 U.S.C. § 1601, et seq., and its implementing regulations, 12 C.F.R. part 226; the Home Ownership and Equity Protection Act, 15 U.S.C. §§ 1639, et seq., and its implementing regulation, 12 C.F.R. part 226.31-employee workers32; the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601, and its implementing regulation, 24 C.F.R. part 3500; the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691, et seq., and its implementing regulation, 12 C.F.R. part 202; the Home Mortgage Disclosure Act, 12 U.S.C. §§ 2801, et seq., and its implementing regulation, 12 C.F.R. part 203; the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.; the Fair Credit Reporting Act, 15 U.S.C. §§ 168l, et seq.; the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.; and contributions to any 401(kthe Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; (3) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectivelythe review, the “Released Claims”). Notwithstanding the foregoingunderwriting, nothing in this provision releases any claim that cannot be released as a matter of laworigination, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1 [purchase, sale, servicing, collection and/or satisfaction of the Agreement], PCC-Wendover Loans; and/or (4) any conduct undertaken by any of the Released Persons to defend the Litigation. It is the intention of the Releasors to provide a general release of the Released Claims apply only against the Released Persons; provided, however, that anything in this Agreement to the employment contrary notwithstanding, the term Released Claims does not include: (1) any claims of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer any kind or type of the Collective Period Releasors against any person, association or Applicable Class Period. Each Settlement Participant further acknowledges entity that is not a Released Person, whether such claims arise out of or relate to PCC-Wendover Loans or some other conduct, transaction, loan or occurrence; (2) any claims of any kind or type of the Releasors against any person, association or entity in connection with a loan and/or loan transaction originated or made by a person, association or entity other than PCC, notwithstanding the fact that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knowsloan, is aware ofin whole or in part, was purchased by, assigned or conveyed to, or suspects otherwise owned and/or held or serviced by Wendover; and/or (3) any claims of any kind or type by any Non-Wendover Plaintiff Borrower with respect to the claims or potential claims being releasedPCC Loans.

Released Claims. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the “Released Parties from Claims” means any and all suitsclaims, demands, actions, causes of action, claimsrights, or demands for unpaid wages (including overtime wages)offsets, setoffs, suits, damages, reimbursementslawsuits, unpaid advancesliens, civil and/or statutory penaltiescosts, liquidated damagessurcharges, punitive damages, multiple damages, interestlosses, attorneys’ fees, litigation costsexpenses or liabilities of any kind whatsoever, restitutionin law or in equity, and/or equitable for any relief available to the Releasors under § 408.562 RSMo in any way growing out of their work in a Covered Position for connection with the CFG-TMS Loans, whatsoever, including monetary, injunctive or declaratory relief, rescission, general, compensatory, special, liquidated, indirect, incidental, consequential or punitive damages, as well as any and all claims for treble damages, penalties, sanctions, attorneys’ fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that in any way concern, relate to, or arise out of the CFG-TMS Loans and which any of the Releasors have had, or now have, from the beginning of time up through and including the Effective Date, against the Released Persons (“Claims”), including but not limited to, any and all Claims arising out of or relating to: (1) allegations that were or could have been asserted against the Released Persons in the Lawsuit or Litigation in any way relating to the TMS Settlement Class Members’ CFG-TMS Loans; (2) any activities that are based on or arise out any of the facts Released Persons took with respect to the CFG-TMS Loans including, without limitation, any alleged in any version of the complaints filed in the Lawsuit representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (including those asserted in the First Amended Complaint and SAClegal or illegal), from the beginning omissions, failures to act, deceptions, acts of the Collective Period unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 [of the Agreement])fiduciary duty, whichever is the earlier dateconspiracy, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countyexcessive fees collected, or local lawsviolations of any consumer protection statute or merchandising practices act, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and successors, and each of their current and former owners, stockholders, directors, officers, members, fiduciaries, insurers, employees, attorneys, representatives, and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsany state unfair trade practice statute, or any other form body of noncase, statutory or common law or regulation, federal or state, including but not limited to the Missouri Second Mortgage Loans Act, §§ 408.231, et seq. RSMo, or any other similar state statute; the Truth in Lending Act, 15 U.S.C. § 1601, et seq., and its implementing regulations, 12 C.F.R. part 226; the Home Ownership and Equity Protection Act, 15 U.S.C. § 1639, et seq., and its implementing regulation, 12 C.F.R. part 226.31-employee workers32; the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601, and its implementing regulation, 24 C.F.R. part 3500; the Equal Credit Opportunity Act, 15 U.S.C. § 1691, et seq., and its implementing regulation, 12 C.F.R. part 202; the Home Mortgage Disclosure Act, 12 U.S.C. § 2801, et seq., and its implementing regulation, 12 C.F.R. part 203; the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.; the Fair Credit Reporting Act, 15 U.S.C. §§ 168l, et seq.; the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.; and contributions the Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; and/or (3) any conduct undertaken by any of the Released Persons to defend the Litigation, including but not limited to, any 401(k) or other retirement or employee benefit plan based on alleged improper discovery conduct and/or any payments made by reason of this Agreement (collectively, request for sanctions in the Litigation. The term “Released Claims”). Notwithstanding the foregoing” also includes, nothing without limitation, any allegation that any Released Person has conspired with, aided and abetted, or otherwise acted in this provision releases concert with any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1 [other third parties with respect to any of the Agreement]facts, acts, events, transactions, occurrences, courses of conduct, business practices, representations, omissions, circumstances, or other matters related to the Litigation or the conduct of the Litigation. It is the intention of the Releasors to provide a general release of the Released Claims apply only against the Released Persons; provided, however, that anything in this Agreement to the employment of Participating Collective Members and Participating Class Members while they were employed in contrary notwithstanding, the Covered Positions during the longer of the Collective Period or Applicable Class Period. Each Settlement Participant further acknowledges that the term Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being released.does not

Released Claims. In further consideration of the promises made payments and benefits described in this your Retirement Agreement, which you acknowledge includes all benefits and upon the Effective Date other amounts and the payment by ▇▇▇▇▇ Fargo perquisites of the Maximum Settlement Amountany kind owing to you under your Employment Agreement, each Settlement Participant you hereby forever discharges release and releases discharge the Company and its subsidiaries, affiliates, officers, directors, employees, agents, and their successors and assigns (the “Group Released Parties Parties”) from any and all suits, actions, causes of action, claims, allegations, rights, obligations, liabilities, or demands charges (collectively, “Claims”) that you may have or in the future claim to have had, whether known or unknown, related to any Employment Matter (as defined in your Employment Agreement). Without limitation, released Claims include (1) Claims for unpaid wages compensation, bonuses, or benefits, (2) Claims under any compensation plan or arrangement maintained by any member of the Group (including overtime wageswithout limitation under the Company’s and/or Central Pacific Bank’s long-term executive incentive program or under any other contingent, performance-based plan or program of the Company and/or Central Pacific Bank), (3) Claims for wrongful, constructive, or unlawful discharge, (4) Claims for unlawful discrimination, (5) Claims for unlawful harassment or retaliation for asserting protected rights, (6) Claims related to whistleblowing, (7) Claims for emotional distress, defamation, negligence, misrepresentation, fraud, interference with business relations or economic advantage, unfair or deceptive trade practices, unlawful restraints on competition, infliction of emotional distress, breach of express or implied contract, promissory estoppel, assault, battery, pain and suffering, and loss of consortium, (8) Claims for punitive or exemplary damages, reimbursements(9) Claims for violations of any of the following acts or laws: the Equal Pay Act, unpaid advancesTitle VII of the Civil Rights Act of 1964, civil and/or statutory penaltiesthe Civil Rights Act of 1991, liquidated damagesthe Age Discrimination in Employment Act of 1967 (“ADEA”), punitive damagesthe Americans with Disabilities Act of 1991, multiple damagesthe Employee Retirement Income Security Act of 1974, interestthe ▇▇▇▇▇▇▇▇-▇▇▇▇▇ Act, attorneysthe Worker Adjustment Retraining and Notification Act, the Family Medical Leave Act, Hawaii’s Whistle Blowers Protection Act, Hawaii’s Employment Practices Law, Hawaii’s Payment of Wages Law, Hawaii’s Wage and Hour Law, Hawaii’s Temporary Disability Insurance Law, Hawaii’s Prepaid Health Care Act, Hawaii’s Dislocated Workers’ feesAct, litigation costsHawaii’s Occupational Safety and Health Law, restitutionand Hawaii’s Family Leave Law (including all amendments to any of these acts or laws), and/or equitable relief in and (10) Claims for violations of any way growing out of their work in a Covered Position for any and other federal, state, or municipal fair employment statutes or laws. This Release applies to all claims that were Claims asserted or which could have been asserted in the Lawsuit or that are based on or arise out of the facts alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 [of the Agreement]), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and successors, and each of their current and former owners, stockholders, directors, officers, members, fiduciaries, insurers, employees, attorneys, representatives, and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1 [of the Agreement], the Released Claims apply only up to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. Each Settlement Participant further acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being releaseddate you sign this Release.

Released Claims. In further exchange for the consideration set forth in this Settlement Agreement, Plaintiffs, the Settlement Class Members, and PAGA Members agree to release those claims set forth herein. . regardless of whether you opt out of the promises made in this AgreementSettlement. The Settlement Class Members will be bound by the following release: respective former and present representatives, agents, attorneys, heirs, administrators, successors, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amountassigns, each Settlement Participant hereby forever discharges and releases the release Released Parties from any and all suits, actions, causes of action, claims, or demands for unpaid wages (including overtime wages)debts, damagesliabilities, reimbursementsdemands, unpaid advancesobligations, civil and/or statutory penalties, liquidated damagespremium pay, punitive damagesguarantees, multiple damages, interest, attorneys’ fees, litigation costs, restitutionexpenses, and/or equitable relief in any way growing out atto action of their work in a Covered Position for any whatever kind or nature, whether known or unknown, contingent or accrued, and all claims irrespective of theory of recovery, that were or could have been asserted reasonably brought based on the facts or claims alleged in the Lawsuit or that Operative Complaint, arising during the Class Period, irrespective of recovery. The released claims include, but are based on or arise out of the facts not limited to, claims for any alleged in any version of the complaints filed in the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 [of the Agreement]), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and successors, and each of their current and former owners, stockholders, directors, officers, members, fiduciaries, insurers, employees, attorneys, representatives, and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a (including minimum wage and overtime wages), failure to pay for all hours worked (including off-the clock work), failure to provide meal periods, failure to authorize and permit rest periods, short/late meal and rest periods, failure to relieve of all duties during meal and rest periods, failure to pay or properly compensate meal or rest break premiums, failure to reimburse for business- related expenses, failure to furnish accurate wage statements, record keeping violations, failure to pay wages timely mannerduring employment, failure to pay final wages upon separation of employment, claims related to pre and post-shift work, failure to properly calculate the regular rate of pay, claims derivative and/or related to these claims, liquidated damages, and conversion of wages. . have paid the Gross Settlement, all PAGA Members will be barred from asserting PAGA claims against Defendants, whether or not they exclude themselves from the Settlement. This means that all PAGA Members, including upon employment termination; misclassification those who are Settlements Class Members and those who opt-out of employees as exempt employeesthe Class Settlement, independent contractorscannot sue, continue to sue, or participate in any other form of non-employee workers; and contributions to any 401(k) PAGA claim against Defendants or other retirement or employee benefit plan its related entities based on any payments made the PAGA Period facts alleged in the Action and resolved by reason of this Agreement (collectively, the “Released Claims”)Settlement. Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that The PAGA Members' Releases for Participating and Non-Participating Class Members who are as follows: All PAGA Members and the State of California are deemed to release, on behalf of themselves and their respective former and present representatives, agents, attorneys, heirs, administrators, successors, and assigns, the Released Parties from all claims for PAGA penalties that were alleged, or reasonably could have been alleged during the PAGA Period, based on the facts stated in the Operative Complaint and the PAGA Notice, irrespective of theory of recovery, including, but not Participating Collective Members shall not release limited to, claims for civil penalties for any alleged failure to pay all wages due (including minimum wage and overtime wages), failure to pay for all hours worked (including off-the clock work), failure to provide meal periods, failure to authorize and permit rest periods, short/late meal and rest periods, failure to relieve of all duties during meal and rest periods, failure to pay or properly compensate meal or rest break premiums, failure to reimburse for business-related expenses, failure to furnish accurate wage statements, record keeping violations, failure to pay wages timely during employment, failure to pay final wages upon separation of employment, claims related to pre and post-shift work, failure to properly calculate the regular rate of pay, claims derivative and/or related to these claims, liquidated damages, and conversion of wages. Wheel Pros, LLC, and Mobile Hi-Tech Wheels, Inc., and each of their claims predecessors, successors, subsidiaries, parent companies, other corporate affiliates, and assigns, and all of their owners, shareholders, members, officers, directors, employees, agents, servants, registered representatives, attorneys, insurers, successors and assigns, and any other persons acting by, through, under or in concert with any of them. If you do NOT exclude yourself from the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as Class by following the procedures set forth in Paragraph 13.1 [this Notice and the Court approves the proposed Settlement, you will be deemed to have entered into the release of the Agreement], the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class PeriodSettlement Agreement. Each Settlement Participant further acknowledges that the Released Claims If you are intended to include all Released Claims also a PAGA Member, regardless of whether you opt out of the Settlement Participant knowsSettlement, is aware of, or suspects you will release the claims or potential claims being releasedReleased PAGA Claims and will receive a share of the PAGA Member Payment.

Released Claims. In further addition to the dismissal of the Action, as set forth in the Stipulation And Order, and in consideration of the promises made representations, warranties, and covenants contained in this Settlement Agreement and the License Agreement, Neos and Actavis make the following releases, which shall be effective upon the Effective Date and the payment by ▇▇▇▇▇ Fargo entry of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases Stipulation And Order by the Released Parties from any and all suits, actions, causes of action, claims, or demands for unpaid wages (including overtime wages), damages, reimbursements, unpaid advances, civil and/or statutory penalties, liquidated damages, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitution, and/or equitable relief in any way growing out of their work in a Covered Position for any and all claims that were or could have been asserted Court in the Lawsuit or that are based on or arise out of the facts alleged in any version of the complaints filed in the Lawsuit Action: (including those asserted in the First Amended Complaint a) Actavis for itself and SAC), from the beginning of the Collective Period or Applicable Class Period (as defined in Paragraphs 1.49 its Affiliates hereby irrevocably releases and 1.47 [of the Agreement]), whichever is the earlier date, through June 20, 2018, including without limitation any claims under the FLSA discharges Neos and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investorsits Affiliates, predecessors, and successors, and each of their current and former owners, stockholdersassigns, directors, officers, members, fiduciaries, insurers, employees, attorneysagents, representativessuppliers, distributors, importers, manufacturers, and agents. premiumcustomers from all causes of action, demands, claims, damages, and liabilities of any nature, whether known or minimum wages; failure unknown, arising between Actavis and/or its Affiliates and Neos and/or its Affiliates from or in connection with the Action, ANDA 209253, the generic products described by ANDA 209253, and/or Neos’s ADZENYS XR-ODT® brand amphetamine extended-release orally disintegrating tablet products and accruing or occurring prior to provide compliant meal the Execution Date, including, without limitation, all claims, defenses, and/or rest breaks; failure to pay meal counterclaims that Actavis and/or rest period compensation; failure to maintain required business records; failure to provide accurate its Affiliates have asserted or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked could have asserted in the Action or in any other court or patent office proceeding in connection with ANDA 209253 or the regular rate products described by ANDA 209253 that any of pay; failure the Licensed Patents, as defined in the License Agreement, is invalid, unenforceable, not properly listed in CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. Approved Drug Products With Therapeutic Equivalence Evaluations (“the Orange Book”), not subject to pay or reimburse for the proper use codes in the Orange Book, and/or not infringed by the filing of ANDA 209253 and/or the sale of the generic products described by ANDA 209253 in the Territory (all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (the above collectively, the “Actavis Released Claims”). Notwithstanding For the foregoingavoidance of doubt, nothing in the release granted under this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members Section 5(a) shall not release their claims under apply to any product aside from the FLSAproducts described by ANDA 209253 or NDA 204326, or to any ANDA other than ANDA 209253. Except for Plaintiffs and Opt-In Plaintiffs as Actavis retains all rights set forth in Paragraph 13.1 [Section 10 of the License Agreement]. (b) Neos for itself and its Affiliates hereby irrevocably releases and discharges Actavis and its Affiliates, predecessors, successors, assigns, directors, officers, employees, agents, suppliers, distributors, importers, manufacturers, and customers from all causes of action, demands, claims, damages, and liabilities of any nature, whether known or unknown, arising between Neos and/or its Affiliates and Actavis and/or its Affiliates from or in connection with the Action, ANDA 209253, the generic products described by ANDA 209253, and/or Neos’s ADZENYS XR-ODT® brand amphetamine extended-release orally disintegrating tablet products and accruing or occurring prior to the Execution Date, including, without limitation, all claims that Neos and/or its Affiliates have asserted or could have asserted in the Action or in any other proceeding that any of the Licensed Patents, as defined in the License Agreement, is infringed by ANDA 209253 and/or the sale of the generic products described by ANDA 209253 in the Territory (all of the above collectively, the “Neos Released Claims”). For the avoidance of doubt, the release granted under this Section 5(b) shall not apply to any product aside from the products described by ANDA 209253 or NDA 204326, or to any ANDA other than ANDA 209253. Neos retains all rights set forth in Section 10 of the License Agreement. (c) this Agreement shall constitute a final settlement between the Parties in the Territory in connection with the Action and ANDA 209253, and neither Actavis nor its Affiliates shall institute any new challenge or litigation against Neos and/or its Affiliates with respect to any of the Licensed Patents, as defined in the License Agreement, and ANDA 209253, or actively assist or cooperate with any other party in any such challenge or litigation unless so ordered by the Court or compelled by law. Notwithstanding this Section 5, Actavis may (1) re-certify and/or maintain a “Paragraph IV Certification” in the Actavis ANDA (as defined in the License Agreement) with respect to the Licensed Patents or amend the Actavis ANDA to contain a “Paragraph IV Certification” with respect to any patent listed in the Orange Book for ADZENYS XR-ODT® brand amphetamine extended-release orally disintegrating tablets (and send corresponding notice of such certification); (2) challenge the infringement, validity, enforceability or patentability of any claim of the Licensed Patents in any litigation or proceeding in any court with respect to any product other than the Licensed Products (as defined in the License Agreement) or any ANDA other than the Actavis ANDA; or (3) file a petition with the U.S. Patent and Trademark Office requesting reexamination, inter partes review, or other post grant review of any claims of any Licensed Patents for which Neos or its Affiliates initiates a district court litigation against Actavis with a claim of infringement with respect to any product other than the Licensed Products, as defined by the License Agreement, or any ANDA other than the Actavis ANDA. Further, notwithstanding this Section 5, the Neos Released Claims apply only do not preclude Neos from asserting infringement of any of the Licensed Patents, as defined in the License Agreement, in any action or proceeding against Actavis and/or any of its Affiliates involving any Actavis product other than the Licensed Products, as defined in the License Agreement. (d) Neither Party shall release any agent or consultant retained by the Party in connection with the Action or any attorney who represented such Party in the Action from maintaining the CERTAIN CONFIDENTIAL PORTIONS OF THIS EXHIBIT WERE OMITTED AND REPLACED WITH “[***]”. A COMPLETE VERSION OF THIS EXHIBIT HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO AN APPLICATION REQUESTING CONFIDENTIAL TREATMENT PURSUANT TO RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED. confidentiality of non-public information to which such agent, consultant or attorney had access in connection with the Action or grant any waivers with respect to such maintenance, unless so ordered by the Court or compelled by law; and (e) to the employment extent necessary, each Party shall cooperate with the other to enforce the obligations of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. Each Settlement Participant further acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knowssuch agents, is aware ofconsultants, or suspects the claims or potential claims being releasedattorneys referred to under Section 5(d) herein.

Released Claims. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the “Released Parties from Claims” means any and all suitsclaims, demands, actions, causes of action, claimsrights, or demands for unpaid wages (including overtime wages)offsets, setoffs, suits, damages, reimbursementslawsuits, unpaid advancesliens, civil and/or statutory penaltiescosts, liquidated damagessurcharges, losses, attorney’s fees, expenses or liabilities of any kind whatsoever, in law or in equity, for any relief whatsoever, including monetary, injunctive or declaratory relief, rescission, general, compensatory, special, liquidated, indirect, incidental, consequential or punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitution, and/or equitable relief in any way growing out of their work in a Covered Position for as well as any and all claims for compensatory, punitive or treble damages, penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that were in any way concern, relate to, or arise out of the PCC- Preferred Trusts Loans and which any one or more of the Releasors have had, or now have against the Released Persons, as defined in Paragraph 2.41, from the beginning of time up through and including the Effective Date (“Claims”), including but not limited to, any and all Claims arising out of or relating to: (1) allegations that are or could have been asserted against the Released Persons in the Lawsuit or that are based on or arise out Litigation in any way relating to the Preferred Trusts Settlement Class Members’ PCC-Preferred Trusts Loans; (2) any activities of the facts Released Persons with respect to the PCC-Preferred Trusts Loans including, without limitation, any alleged in any version of the complaints filed in the Lawsuit representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (including those asserted in the First Amended Complaint and SAClegal or illegal), from the beginning omissions, failures to act, deceptions, acts of the Collective Period unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 [of the Agreement])fiduciary duty, whichever is the earlier dateconspiracy, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countyexcessive fees collected, or local lawsviolations of any consumer protection statute, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and successors, and each of their current and former owners, stockholders, directors, officers, members, fiduciaries, insurers, employees, attorneys, representatives, and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsany state unfair trade practice statute, or any other form body of noncase, statutory or common law or regulation, federal or state, including but not limited to the MSMLA, Mo.Rev.Stat. § 408.231, et seq., or any other similar state statute; the Truth in Lending Act, 15 U.S.C. § 1601, et seq., and its implementing regulations, 12 C.F.R. part 226; the Home Ownership and Equity Protection Act, 15 U.S.C. §§ 1639, et seq., and its implementing regulation, 12 C.F.R. part 226.31-employee workers32; the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601, and its implementing regulation, 24 C.F.R. part 3500; the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691, et seq., and its implementing regulation, 12 C.F.R. part 202; the Home Mortgage Disclosure Act, 12 U.S.C. §§ 2801, et seq., and its implementing regulation, 12 C.F.R. part 203; the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.; the Fair Credit Reporting Act, 15 U.S.C. §§ 168l, et seq.; the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.; and contributions the Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; and/or (3) any conduct undertaken by any of the Released Persons to defend the Litigation, including but not limited to, any 401(k) or other retirement or employee benefit plan based on alleged improper discovery conduct and/or any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing request for sanctions in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under Litigation. It is the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1 [intention of the Agreement], Releasors to provide a general release of the Released Claims apply only against the Released Persons; provided, however, that anything in this Agreement to the employment contrary notwithstanding, the term Released Claims does not include: (1) any claims of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer any kind or type of the Collective Period Releasors against any person, association or Applicable Class Period. Each Settlement Participant further acknowledges entity that is not a Released Person, whether such claims arise out of or relate to PCC-Preferred Trusts Loans or some other conduct, transaction, loan or occurrence; (2) any claims of any kind or type of the Releasors against any person, association or entity in connection with a loan and/or loan transaction originated or made by a person, association or entity other than PCC, notwithstanding the fact that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knowsloan, is aware ofin whole or in part, was purchased by, assigned or conveyed to, or suspects otherwise owned and/or held by any one or more of the Settling Defendants; and/or (3) any claims of any kind or potential claims being releasedtype by any Non-Preferred Trusts Plaintiff Borrower with respect to the PCC Loans.

Released Claims. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the “Released Parties from Claims” means any and all suitsclaims, demands, actions, causes of action, claimsrights, or demands for unpaid wages (including overtime wages)offsets, setoffs, suits, damages, reimbursementslawsuits, unpaid advancesliens, civil and/or statutory penaltiescosts, liquidated damagessurcharges, losses, attorney’s fees, expenses or liabilities of any kind whatsoever, in law or in equity, for any relief whatsoever, including monetary, injunctive or declaratory relief, rescission, general, compensatory, special, liquidated, indirect, incidental, consequential or punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitution, and/or equitable relief in any way growing out of their work in a Covered Position for as well as any and all claims for compensatory, punitive or treble damages, penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that were in any way concern, relate to, or arise out of the PCC-LaSalle Loans and which any one or more of the Releasors have had, or now have against the Released Persons, as defined in Paragraph 2.32, from the beginning of time up through and including the Effective Date (“Claims”), including but not limited to, any and all Claims arising out of or relating to: (1) allegations that are or could have been asserted against the Released Persons in the Lawsuit or that are based on or arise out Litigation in any way relating to the LaSalle Settlement Class Members’ PCC-LaSalle Loans; (2) any activities of the facts Released Persons with respect to the PCC-LaSalle Loans including, without limitation, any alleged in any version of the complaints filed in the Lawsuit representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (including those asserted in the First Amended Complaint and SAClegal or illegal), from the beginning omissions, failures to act, deceptions, acts of the Collective Period unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 [of the Agreement])fiduciary duty, whichever is the earlier dateconspiracy, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countyexcessive fees collected, or local lawsviolations of any consumer protection statute, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and successors, and each of their current and former owners, stockholders, directors, officers, members, fiduciaries, insurers, employees, attorneys, representatives, and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsany state unfair trade practice statute, or any other form body of noncase, statutory or common law or regulation, federal or state, including but not limited to the Missouri Second Mortgage Loans Act, Mo.Rev.Stat. § 408.231, et seq., or any other similar state statute; the Truth in Lending Act, 15 U.S.C. § 1601, et seq., and its implementing regulations, 12 C.F.R. part 226; the Home Ownership and Equity Protection Act, 15 U.S.C. §§ 1639, et seq., and its implementing regulation, 12 C.F.R. part 226.31-employee workers32; the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601, and its implementing regulation, 24 C.F.R. part 3500; the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691, et seq., and its implementing regulation, 12 C.F.R. part 202; the Home Mortgage Disclosure Act, 12 U.S.C. §§ 2801, et seq., and its implementing regulation, 12 C.F.R. part 203; the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.; the Fair Credit Reporting Act, 15 U.S.C. §§ 168l, et seq.; the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.; and contributions the Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; and/or (3) any conduct undertaken by any of the Released Persons to defend the Litigation, including but not limited to, any 401(k) or other retirement or employee benefit plan based on alleged improper discovery conduct and/or any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing request for sanctions in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under Litigation. It is the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1 [intention of the Agreement], Releasors to provide a general release of the Released Claims apply only against the Released Persons; provided, however, that anything in this Agreement to the employment contrary notwithstanding, the term Released Claims does not include: (1) any claims of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer any kind or type of the Collective Period Releasors against any person, association or Applicable Class Period. Each Settlement Participant further acknowledges entity that is not a Released Person, whether such claims arise out of or relate to PCC-LaSalle Loans or some other conduct, transaction, loan or occurrence; (2) any claims of any kind or type of the Releasors against any person, association or entity in connection with a loan and/or loan transaction originated or made by a person, association or entity other than PCC, notwithstanding the fact that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knowsloan, is aware ofin whole or in part, was purchased by, assigned or conveyed to, or suspects otherwise owned and/or held by LaSalle; (3) any claims of any kind or type by any Non-LaSalle Plaintiff Borrower with respect to the PCC Loans; and/or (4) any claims of any kind or potential claims being releasedtype against LaSalle or any other entity, as the purchaser, assignee, owner, holder and/or trustee of a PCC Loan other than the PCC-LaSalle Loans and/or as the servicer and/or master servicer of any PCC Loans other than the PCC- LaSalle Loans.

Released Claims. In further consideration For valuable and sufficient consideration, receipt of the promises made in this Agreementwhich is hereby acknowledged, and upon with the Effective Date sole exception of those obligations expressly recited herein or to be performed hereunder and of Executive’s claims to vested interests Executive may have in employee benefit plans, stock options or other equity-based awards as defined exclusively in written documents, and to the payment extent permitted by ▇▇▇▇▇ Fargo of law, Executive and Executive’s heirs, successors and assigns do hereby and forever release and discharge the Maximum Settlement AmountCompany and its affiliated entities and their past and present directors, each Settlement Participant hereby forever discharges officers, employees, agents, accountants, attorneys, representatives, successors and releases the Released Parties assigns from any and all suits, actions, causes of action, claimsactions, or demands for unpaid wages (including overtime wages)judgments, liens, indebtedness, damages, reimbursementslosses, unpaid advancesclaims, civil and/or statutory penalties, liquidated damages, punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitution, and/or equitable relief liabilities and demands of whatsoever kind and character in any way growing manner whatsoever arising prior to the date of this Agreement (all such claims are referred to in this Agreement as “Released Claims”). Released Claims include but are not limited to the following, and Executive agrees that Executive will not commence or maintain any civil proceeding to pursue any of the Released Claims: (a) Any claim arising out of their work in a Covered Position Executive’s employment with the Company or any of its subsidiaries or affiliates or termination of employment, including claims for any and all claims that were breach of contract, breach of implied covenant, breach of oral or could have been asserted in written promise, allegedly unpaid compensation, wrongful termination, retaliation, infliction of emotional distress, defamation, interference with contract relations or prospective economic advantage, negligence, misrepresentation or employment discrimination; (b) Any claim for alleged violations of Title VII of the Lawsuit or that are Civil Rights Act of 1964 prohibiting discrimination based on race, color, religion, sex or arise national origin, the Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967 (including the Older Workers Benefit Protection Act) prohibiting discrimination based on age over 40, the Americans With Disabilities Act prohibiting discrimination based on disability, the Fair Labor Standards Act, the Equal Pay Act, the Family and Medical Leave Act, the Employee Retirement Income Security Act of 1974, the Nevada Fair Employment Practices Act (NRS 613.010 et seq.), any state statutory wage claim under Chapter 608 of the Nevada Revised Statutes, or any other federal, state or local labor, fair employment or other law under which a claim might be brought were it not released here, all as amended from time to time; (c) Any claim (irrespective of the theory or nature thereof) arising out of the facts alleged in or relating to Executive’s role, service or status as an officer, director, stockholder (including all direct or derivative claims of any version nature), optionholder, holder of restricted securities or performance stock units, agent or representative of the complaints filed in Company or any of its subsidiaries or affiliates; (d) Any claim arising out of or relating to the Lawsuit (including those asserted in the First Amended Complaint and SAC), from the beginning purchase or sale of any securities of the Collective Period Company; (e) Any other claim relating to Executive’s employment or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 [termination of the Agreement]), whichever is the earlier date, through June 20, 2018that employment, including without limitation any claims that arose under the FLSA Employment Agreement; and (f) Any other claim, cause of action, action, judgment, lien, indebtedness, damage, loss, liability or demand of whatsoever kind and any applicable state, county, or local laws, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants character against the Company and each of its affiliated entities and their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, past and successors, and each of their current and former owners, stockholders, present directors, officers, membersemployees, fiduciariesagents, insurers, employeesaccountants, attorneys, representatives, successors and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractors, or any other form of non-employee workers; and contributions to any 401(k) or other retirement or employee benefit plan based on any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1 [of the Agreement], the Released Claims apply only to the employment of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer of the Collective Period or Applicable Class Period. Each Settlement Participant further acknowledges that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knows, is aware of, or suspects the claims or potential claims being releasedassigns.

Released Claims. In further consideration of the promises made in this Agreement, and upon the Effective Date and the payment by ▇▇▇▇▇ Fargo of the Maximum Settlement Amount, each Settlement Participant hereby forever discharges and releases the “Released Parties from Claims” means any and all suitsclaims, demands, actions, causes of action, claimsrights, or demands for unpaid wages (including overtime wages)offsets, setoffs, suits, damages, reimbursementslawsuits, unpaid advancesliens, civil and/or statutory penaltiescosts, liquidated damagessurcharges, losses, attorney’s fees, expenses or liabilities of any kind whatsoever, in law or in equity, for any relief whatsoever, including monetary, injunctive or declaratory relief, rescission, general, compensatory, special, liquidated, indirect, incidental, consequential or punitive damages, multiple damages, interest, attorneys’ fees, litigation costs, restitution, and/or equitable relief in any way growing out of their work in a Covered Position for as well as any and all claims for compensatory, punitive or treble damages, penalties, attorney’s fees, costs or expenses, whether known or unknown, alleged or not alleged in the Litigation, suspected or unsuspected, contingent or vested, accrued or not accrued, liquidated or unliquidated, matured or unmatured, that were in any way concern, relate to, or arise out of the PCC- JPMCB/CHF Loans and which any one or more of the Releasors have had, or now have against the Released Persons, as defined in Paragraph 2.32, from the beginning of time up through and including the Effective Date (“Claims”), including but not limited to, any and all Claims arising out of or relating to: (1) allegations that are or could have been asserted against the Released Persons in the Lawsuit or that are based on or arise out Litigation in any way relating to the JPMCB/CHF Settlement Class Members’ PCC-JPMCB/CHF Loans; (2) any activities of the facts Released Persons with respect to the PCC- JPMCB/CHF Loans including, without limitation, any alleged in any version of the complaints filed in the Lawsuit representations, misrepresentations, disclosures, incorrect disclosures, failures to disclose, acts (including those asserted in the First Amended Complaint and SAClegal or illegal), from the beginning omissions, failures to act, deceptions, acts of the Collective Period unconscionability, unfair business practices, breaches of contract, usury, unfulfilled promises, breaches of warranty or Applicable Class Period (as defined in Paragraphs 1.49 and 1.47 [of the Agreement])fiduciary duty, whichever is the earlier dateconspiracy, through June 20, 2018, including without limitation any claims under the FLSA and any applicable state, countyexcessive fees collected, or local lawsviolations of any consumer protection statute, statutes, regulations, ordinances, or wage orders for alleged unpaid overtime, 6 “Released Parties” means Defendants and each of their parents, divisions, subsidiaries, affiliates, sibling entities, investors, predecessors, and successors, and each of their current and former owners, stockholders, directors, officers, members, fiduciaries, insurers, employees, attorneys, representatives, and agents. premium, or minimum wages; failure to provide compliant meal and/or rest breaks; failure to pay meal and/or rest period compensation; failure to maintain required business records; failure to provide accurate or completed itemized wage statements; failure to compensate for all time worked; failure to properly calculate compensable time worked or the regular rate of pay; failure to pay or reimburse for all business expenses; waiting time penalties; failure to pay all wages due in a timely manner, including upon employment termination; misclassification of employees as exempt employees, independent contractorsany state unfair trade practice statute, or any other form body of noncase, statutory or common law or regulation, federal or state, including but not limited to the Missouri Second Mortgage Loans Act, Mo.Rev.Stat. § 408.231, et seq., or any other similar state statute; the Truth in Lending Act, 15 U.S.C. § 1601, et seq., and its implementing regulations, 12 C.F.R. part 226; the Home Ownership and Equity Protection Act, 15 U.S.C. §§ 1639, et seq., and its implementing regulation, 12 C.F.R. part 226.31-employee workers32; the Real Estate Settlement Procedures Act, 12 U.S.C. § 2601, and its implementing regulation, 24 C.F.R. part 3500; the Equal Credit Opportunity Act, 15 U.S.C. §§ 1691, et seq., and its implementing regulation, 12 C.F.R. part 202; the Home Mortgage Disclosure Act, 12 U.S.C. §§ 2801, et seq., and its implementing regulation, 12 C.F.R. part 203; the Fair Housing Act, 42 U.S.C. §§ 3601, et seq.; the Fair Credit Reporting Act, 15 U.S.C. §§ 168l, et seq.; the Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692, et seq.; and contributions the Federal Trade Commission Act, 15 U.S.C. §§ 45, et seq.; and/or (3) any conduct undertaken by any of the Released Persons to defend the Litigation, including but not limited to, any 401(k) or other retirement or employee benefit plan based on alleged improper discovery conduct and/or any payments made by reason of this Agreement (collectively, the “Released Claims”). Notwithstanding the foregoing, nothing request for sanctions in this provision releases any claim that cannot be released as a matter of law, including that Participating Class Members who are not Participating Collective Members shall not release their claims under Litigation. It is the FLSA. Except for Plaintiffs and Opt-In Plaintiffs as set forth in Paragraph 13.1 [intention of the Agreement], Releasors to provide a general release of the Released Claims apply only against the Released Persons; provided, however, that anything in this Agreement to the employment contrary notwithstanding, the term Released Claims does not include: (1) any claims of Participating Collective Members and Participating Class Members while they were employed in the Covered Positions during the longer any kind or type of the Collective Period Releasors against any person, association or Applicable Class Period. Each Settlement Participant further acknowledges entity that is not a Released Person, whether such claims arise out of or relate to the PCC-JPMCB/CHF Loans or some other conduct, transaction, loan or occurrence; (2) any claims of any kind or type of the Releasors against any person, association or entity in connection with a loan and/or loan transaction originated or made by a person, association or entity other than PCC, notwithstanding the fact that the Released Claims are intended to include all Released Claims regardless of whether the Settlement Participant knowsloan, is aware ofin whole or in part, was purchased by, assigned or conveyed to, or suspects otherwise owned and/or held by JPMCB/CHF; (3) any claims of any kind or type by any Non-JPMCB/CHF Plaintiff Borrower with respect to the PCC Loans; and/or (4) any claims of any kind or potential claims being releasedtype against JPMorgan Chase Bank, N.A., individually and/or as the successor to Chase Manhattan Bank, Chase Manhattan Mortgage Corporation or any other entity, as the purchaser, assignee, owner, holder and/or trustee of a PCC Loan and/or as the servicer and/or master servicer of any PCC Loans other than the PCC- JPMCB/CHF Loans.