Common use of Releases and Covenants Not to Xxx Clause in Contracts

Releases and Covenants Not to Xxx. (a) Executive, for himself, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), releases and forever discharges the Company, its present or past subsidiaries and affiliates, and their respective successors and assigns, and their respective present or past officers, trustees, directors, shareholders, employees and agents of each of them (collectively, the "Executive Released Parties"), from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses), whether known or unknown, absolute, contingent or otherwise (each, a "Claim"), arising or which could have arisen up to and including the date of his execution of this Agreement, including without limitation those arising out of or relating to Executive's employment or cessation and termination of employment, the Severance Plan or any other written or oral agreement, any change in executive's employment status, any benefits or compensation, any tortuous injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any Claims arising under Title VII of the Civil rights Act of 1964 ( as amended by the Civil rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Fair Labor Standards Act, the Older workers Benefits Protection Act, the Age Discrimination in employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act of 1974, or any other federal, state or local stature, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Executive against the company or its subsidiaries in any legal, administrative or other proceeding; provided, however, that the foregoing release does not apply to (I) any Claim under or based on this Agreement or (ii) any vested benefit Executive may have as of the Separation Date under any applicable employee benefit plan of the Company. (b) Executive further agrees on behalf of himself and the Executive Releasing Parties (i) not to assert any Claim against the Executive Released Parties which Claim has been released pursuant to Section 4(a) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties in respect of any such Claim or proceeding. If Executive files or commences any proceeding in respect of such claim, Executive shall forfeit, as of the date of the institution of such proceeding, any right to continue to receive the compensation and benefits provided in Section 2, and Executive shall forthwith return to the Company all payment and benefit amounts previously mad to him pursuant to this Agreement. (c) The Company, for itself and each of its subsidiaries and their respective assigns, and to the extent it is legally able to do so, for their respective present or past officers, trustees, directors, shareholders, employees and agents (in each case solely relating to the scope of their employment or in their corporate capacities and to the extent such person is making a claim on behalf of the company)(the "Company Releasing Parties") hereby releases and forever discharges Executive from any and all Claims arising or which could have arisen up to and including the date of the execution of this Agreement, out of or relating to Executive's employment, cessation of employment or change in employment status, the termination of prior agreements with him or the performance of his duties on behalf of the Company; including any act, omission, occurrence, or other matters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company against Executive in any legal, administrative, or other proceeding; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, (ii) any act or omission involving fraud; and intentional tort; willful, reckless or grossly negligent misconduct; criminal activity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he is not entitled, or (iii) any obligation of Executive with respect to Section 3 of this Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against Executive which Claim has been released pursuant to Section 4(c) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. the Company agrees to indemnify and hold harmless Executive in respect of any such Claim or proceeding.

Releases and Covenants Not to Xxx. (a) Executive, for himself, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), releases and forever discharges the Company, its present or past subsidiaries and affiliates, and their respective successors and assigns, and their respective present or past officers, trustees, directors, shareholders, employees and agents of each of them (collectively, the "Executive Released Parties"), from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses), whether known or unknown, absolute, contingent or otherwise (each, a "Claim"), arising or which could have arisen up to and including the date of his execution of this Agreement, including without limitation those arising out of or relating to Executive's employment or cessation and termination of employment, the Severance Plan or any other written or oral agreement, any change in executiveExecutive's employment status, any benefits or compensation, any tortuous injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any Claims arising under Title VII of the Civil rights Rights Act of 1964 ( (as amended by the Civil rights Rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Fair Labor Standards Act, the Older workers Workers Benefits Protection Act, the Age Discrimination in employment Employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act of 1974, or any other federal, state or local staturestatute, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Executive against the company Company or its subsidiaries in any legal, administrative or other proceeding; provided, however, that the foregoing release does not apply to (Ii) any Claim under or based on this Agreement or (ii) any vested benefit Executive may have as of the Separation Date under any applicable employee benefit plan of the Company. (b) Executive further agrees on behalf of himself and the Executive Releasing Parties (i) not to assert any Claim against the Executive Released Parties which Claim has been released pursuant to Section 4(a) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties in respect of any such Claim or proceeding. If Executive files or commences any proceeding in respect of such claimClaim, Executive shall forfeit, as of the date of the institution of such proceeding, any right to continue to receive the compensation and benefits provided in Section 2, and Executive shall forthwith return to the Company all payment and benefit amounts previously mad made to him pursuant to this Agreement. (c) The Company, for itself and each of its subsidiaries and their respective assigns, and to the extent it is legally able to do so, for their respective present or past officers, trustees, directors, shareholders, employees and agents (in each case solely relating to the scope of their employment or in their corporate capacities and to the extent such person is making a claim on behalf of the company)(the Company) (the "Company Releasing Parties") hereby releases and forever discharges Executive from any and all Claims arising or which could have arisen up to and including the date of the execution of this Agreement, out of or relating to Executive's employment, cessation of employment or change in employment status, the termination of prior agreements with him him, or the performance of his duties on behalf of the Company; including any act, omission, occurrence, or other matters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company against Executive in any legal, administrative, or other proceeding; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, (ii) any act or omission involving fraud; and an intentional tort; willful, reckless or grossly negligent misconduct; criminal activity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he is not entitled, or (iii) any obligation of Executive with respect to Section 3 of this Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against Executive which Claim has been released pursuant to Section 4(c) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. the The Company agrees to indemnify and hold harmless Executive in respect of any such Claim or proceeding.

Releases and Covenants Not to Xxx. (a) Executive, for himself, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), releases and forever discharges the Company, its present or past subsidiaries and affiliates, and their respective successors and assigns, and their respective present or past officers, trustees, directors, shareholders, employees and agents of each of them (collectively, the "Executive Released Parties"), from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses), whether known or unknown, absolute, contingent or otherwise (each, a "Claim"), arising or which could have arisen up to and including the date of his execution of this Agreement, including without limitation those arising out of or relating to Executive's employment or cessation and termination of employment, the Severance Plan or any other written or oral agreement, any change in executiveExecutive's employment status, any benefits or compensation, any tortuous injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any Claims arising under Title VII of the Civil rights Rights Act of 1964 ( (as amended by the Civil rights Rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Fair Labor Standards Act, the Older workers Workers Benefits Protection Act, the Age Discrimination in employment Employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act of 1974, or any other federal, state or local stature, law, ordinance, regulation, rule or executive order, any tort or contract or contract claims, and any of the claims, matters and issues which could have been asserted by Executive against the company Company or its subsidiaries in any legal, administrative or other proceeding; provided, however, that the foregoing release does not apply to (Ii) any Claim under or based on this Agreement or (ii) any vested benefit Executive may have as of the Separation Date under any applicable employee benefit plan of the Company. (b) Executive further agrees on behalf of himself and the Executive Releasing Parties (i) not to assert any Claim against the Executive Released Parties which Claim has been released pursuant to Section 4(a) and (ii) not to file or commence any proceeding in any forum in respect pursuit of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties in with respect of to any such Claim or proceeding. If Executive files or commences any proceeding in respect pursuit of such claim, Executive shall forfeit, as of the date of the institution of such proceeding, any right to continue to receive the compensation and benefits provided in Section 2, and Executive shall forthwith return to the Company all payment and benefit amounts previously mad made to him pursuant to this Agreement. (c) The Company, for itself and each of its subsidiaries and their respective assigns, and to the extent it is legally able to do so, for their respective present or past officers, trustees, directors, shareholders, employees and agents (in each case solely relating to the scope of their employment or in their corporate capacities and to the extent such person is making a claim on behalf of the company)(the company) (the "Company Releasing Parties") hereby releases and forever discharges Executive from any and all Claims arising or which could have arisen up to and including the date of the execution of this Agreement, out of or relating to Executive's employment, cessation of employment or change in employment status, the termination of prior agreements with him his or the performance of his duties on behalf of the Company; including any act, omission, occurrence, or other matters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company against Executive in any legal, administrative, or other proceeding; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, (ii) any act or omission involving fraud; and intentional tort; willful, reckless or grossly negligent misconduct; criminal activity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he she is not entitled, or (iii) any obligation of Executive with respect to Section 3 of this Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against Executive which Claim has been released pursuant to Section 4(c) and (ii) not to file or commence any proceeding in any forum in respect pursuit of any such released Claim. the The Company agrees to indemnify and hold harmless Executive in respect of any such Claim or proceeding.

Releases and Covenants Not to Xxx. (a) Executive, for himself, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives The term "Released Parties" includes the Company and executors (collectively, the "Executive Releasing Parties"), releases and forever discharges the Company, each of its present or past subsidiaries and affiliatesaffiliated companies and entities and each of their partners, and their respective successors and assignsprincipals, and their respective present or past members, shareholders, directors, officers, trustees, directorsemployees, shareholderscontractors, employees consultants, agents and agents attorneys, past, present and future, and all predecessors, successors and assigns thereof. (b) The Executive, and anyone claiming through her, agrees not to xxx and further agrees to release the Released Parties, with respect to any claims which the Executive now has or has ever had, whether currently known or unknown, against any of each the Released Parties, with respect to or arising out of them any act or omission by any of the Released Parties from the beginning of time until the date that the Executive executes this Agreement, including, but not limited to: (collectivelyi) claims for or related in any way to the Executive's employment, hiring, terms and conditions of employment, or termination from employment; (ii) claims under Title VII of the Civil Rights Act of 1964, the "Civil Rights Act of 1991, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Older Workers' Benefit Protection Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act of 1993, the Illinois Human Rights Act, or the Chicago or Xxxx County Human Rights ordinances; and (iii) claims under any other federal, state, or local statute, regulation, or ordinance, or under any employment, contract, tort, or other common law theory, including any claim for costs or attorneys' fees. The foregoing release shall not apply to the Executive's rights, if any, under any Company benefit plans or to indemnification from the Company or under director and officer liability insurance that is applicable to the Executive. (c) The Executive agrees, represents, and warrants that she is the sole owner of the claims that are released in this Agreement and that she has the full right and power to grant, execute, and deliver the releases and promises in this Agreement. The Executive further agrees, represents and warrants that she has not initiated or filed any legal, equitable, administrative, or any other proceeding against any of the Released Parties")Parties and that no such proceeding has been initiated or filed on her behalf. The consideration offered herein is accepted by the Executive as being in full accord, from satisfaction, compromise and settlement of any and all claims or potential claims, demands, actions, liabilities and the Executive expressly agrees that she is not entitled to and shall not receive any further recovery of any kind from the Company or any of the other claims for relief and remuneration whatsoever Released Parties. (including without limitation attorneys' fees and expenses)d) The Released Parties hereby agree to release the Executive from all claims, whether known or unknown, absolutewhich the Released Parties have or have ever had or may have in the future, contingent against the Executive for or otherwise (each, a "Claim"), arising or which could have arisen related in any way to anything occurring up to and including the date of his execution of this Agreement, including without limitation those arising out of or relating to Agreement concerning the Executive's employment or cessation and termination with the Company. Notwithstanding the provisions of employmentthis paragraph, the Severance Plan or Released Parties do not release any other written or oral agreement, any change in executive's employment status, any benefits or compensation, any tortuous injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any Claims arising under Title VII of the Civil rights Act of 1964 ( as amended by the Civil rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Fair Labor Standards Act, the Older workers Benefits Protection Act, the Age Discrimination in employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act of 1974, or any other federal, state or local stature, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Executive against the company or its subsidiaries in any legal, administrative or other proceeding; provided, however, that the foregoing release does not apply to (I) any Claim under or claims based on this Agreement or (ii) any vested benefit Executive may have as of the Separation Date under any applicable employee benefit plan of the Company. (b) Executive further agrees on behalf of himself and the Executive Releasing Parties upon (i) not to assert any Claim against the Executive Released Parties information which Claim has been released pursuant to Section 4(a) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties in respect of any such Claim or proceeding. If Executive files or commences any proceeding in respect of such claim, Executive shall forfeitis not, as of the date hereof, known to the Board of Directors of the institution of such proceeding, any right to continue to receive the compensation and benefits provided in Section 2, and Executive shall forthwith return to Company or legal counsel for the Company all payment and benefit amounts previously mad to him pursuant to this Agreement. (c) The Company, for itself and each of its subsidiaries and their respective assigns, and to the extent it is legally able to do so, for their respective present or past officers, trustees, directors, shareholders, employees and agents (in each case solely relating to the scope of their employment or in their corporate capacities and to the extent such person is making a claim on behalf of the company)(the "Company Releasing Parties") hereby releases and forever discharges Executive from any and all Claims arising or which could have arisen up to and including the date of the execution of this Agreementpossible embezzlement, out of or relating to Executive's employment, cessation of employment or change in employment status, the termination of prior agreements with him or the performance of his duties on behalf of the Company; including any act, omission, occurrence, fraud or other matters related to such employment, and any of theft from the claims, matters and issues which could have been asserted Company by the Company against Executive in any legal, administrative, or other proceeding; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this AgreementExecutive, (ii) any act criminal behavior or omission involving fraud; and intentional tort; willful, reckless or grossly negligent misconduct; criminal activity; or wrongdoing by the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he is not entitled, or (iii) any obligation reconciliation of business expenses of the Executive with respect to Section 3 not yet fully substantiated as of the date of this Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against Executive which Claim has been released pursuant to Section 4(c) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. the Company agrees to indemnify and hold harmless Executive in respect of any such Claim or proceeding.

Releases and Covenants Not to Xxx. (a) ExecutiveXxxx, for himself, his agents, legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), hereby releases and forever discharges the CompanyXxxxxx Xxxx, its present or past subsidiaries parent corporations, subsidiaries, divisions and affiliates, and their respective or related companies, successors and or assigns, and their respective present or past officers, trustees, directors, shareholders, employees and agents of each of them (collectively, the "Executive Released Parties"), from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses)whatsoever, whether known or unknown, absolute, contingent or otherwise (each, a "Claim"), unknown arising or which could have arisen up to and including the date of his execution of this Agreement, including including, without limitation limitation, those arising out of or relating to Executive's Xxxx'x employment or and cessation and termination of employment, the Severance Plan or any other written or oral agreement, any his change in executive's employment statusduties, any benefits consulting status and his retirement from Xxxxxx Xxxx on or compensationbefore November 15, any tortuous injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character2005, and any Claims claims arising under Title VII of the Civil rights Rights Act of 1964 ( (as amended by the Civil rights Rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Fair Labor Standards Act, the Older workers Workers Benefits Protection Act, the Age Discrimination in employment Employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act of 1974("ERISA"), as such acts have been amended, or any other federal, state state, or local staturestatute, law, ordinance, regulation, rule code or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Executive Xxxx against the company or its subsidiaries in any legalXxxxxx Xxxx, administrative or other proceeding; provided, however, provided that the foregoing Releasing Parties do not release does not apply potential claims arising under ERISA to (I) any Claim under or based on this Agreement or (ii) any vested benefit Executive may have as benefits to which Xxxx is entitled in accordance with the Xxxxxx Xxxx Benefit Programs by virtue of the Separation Date under any applicable employee benefit plan of the Companyhis employment with Xxxxxx Xxxx prior to his Retirement Date. (b) Executive Xxxx further agrees on behalf of himself and the Executive Releasing Parties (i) not to assert any Claim claim, suit or other legal proceeding against the Executive Released Parties Parties, in any court, based on any events, whether known or unknown, which Claim are the subject of the release contained in section A. of this Paragraph 2. Xxxx further agrees that if any entity or person shall bring any claim that has been released pursuant to Section 4(a) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties in respect of any such Claim or proceeding. If Executive files or commences any proceeding in respect of such claim, Executive shall forfeit, as of the date of the institution of such proceeding, any right to continue to receive the compensation and benefits provided in Section 2, and Executive shall forthwith return to the Company all payment and benefit amounts previously mad to him pursuant to this Agreement. (c) The Company, for itself and each of its subsidiaries and their respective assigns, and to the extent it is legally able to do so, for their respective present or past officers, trustees, directors, shareholders, employees and agents (in each case solely relating to the scope of their employment or in their corporate capacities and to the extent such person is making a claim on behalf of the company)(the "Company Releasing Parties") hereby releases and forever discharges Executive from any and all Claims arising or which could have arisen up to and including the date of the execution section A. of this AgreementParagraph 2 on his behalf, out of he shall not accept any recovery or relating to Executive's employment, cessation of employment or change in employment status, the termination of prior agreements with him or the performance of his duties on behalf of the Company; including any act, omission, occurrence, or other matters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company against Executive in any legal, administrative, or other proceeding; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, (ii) any act or omission involving fraud; and intentional tort; willful, reckless or grossly negligent misconduct; criminal activity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he is not entitled, or (iii) any obligation of Executive remedy with respect to Section 3 of this Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against Executive which Claim has been released pursuant to Section 4(c) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. the Company agrees to indemnify and hold harmless Executive in respect of any such Claim or proceedingclaim.

Releases and Covenants Not to Xxx. (a) Executive‌ 16.1. In addition to the effect of any final judgment entered in accordance with this Settlement Agreement, for himself, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives upon the occurrence of the Effective Date and executors (collectivelyin consideration of payment of the Settlement Amount specified in Article II–Payments by Defendants and the other consideration in this Agreement, the "Executive Releasing Parties")Releasees individually and jointly shall be completely released, releases acquitted, and forever discharges the Company, its present or past subsidiaries and affiliates, and their respective successors and assigns, and their respective present or past officers, trustees, directors, shareholders, employees and agents of each of them (collectively, the "Executive Released Parties"), from discharged from: 16.1.1 any and all claims, notices, demands, actions, liabilities suits, and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses)causes of action, whether class, individual, or otherwise in nature, legal or equitable, known or unknown, absolutesuspected or unsuspected, contingent asserted or otherwise (eachunasserted, a "Claim")in law, equity, or administratively; 16.1.2 damages whenever incurred and liabilities of any nature whatsoever, including costs, expenses, penalties, expenses of medical or psychological monitoring, and attorneys’ fees, that Releasors, or any one of them, whether directly, representatively, derivatively, or in any other capacity, ever had, now have, or hereafter can, shall, or may have against the Releasees or any of them, relating in any way to; 16.1.3 exposure to, use of, or receipt of water from the Flint Water Treatment Plant, or legal liability for the payment of such water, for the period April 25, 2014 to the Effective Date; and/or 16.1.4 any alleged acts or omissions by Releasees or any of them and/or any joint and/or several liability of any of them arising from the alleged acts or which omissions of any of the Releasees pled in the Fourth Consolidated Amended Class Complaint, the Amended Master Complaint, and any complaints in the Related Lawsuits from the beginning of time until the Effective Date or that could have arisen up been brought under any federal, state, local, administrative, or regulatory law or cause of action concerning exposure to, use of, or receipt of water from the Flint Water Treatment Plant, or legal liability for the payment of such water, during the period April 25, 2014 to and including the date of his execution of this AgreementEffective Date, including without limitation those or any conduct in any related litigation or arising out of or relating to Executive's employment or cessation and termination of employmentthe litigation itself in Federal Court, the Severance Plan Court of Claims, or any other written or oral agreementGenesee County Circuit Court. 16.2. From and after the Execution Date, any change in executive's employment statusfor the consideration provided for herein and by operation of the Final Orders and Judgments, any benefits or compensationPlaintiffs, any tortuous injuryIndividual Plaintiffs, breach of contractthe Class and Subclass Representatives, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of charactereach Settlement Class Member, and any Claims arising under Title VII of the Civil rights Act of 1964 ( as amended by the Civil rights Act of 1991)Settlement Class, the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Fair Labor Standards Act, the Older workers Benefits Protection Act, the Age Discrimination in employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act of 1974, or any other federal, state or local stature, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Executive against the company or its subsidiaries in any legal, administrative or other proceeding; provided, however, that the foregoing release does not apply to (I) any Claim under or based on this Agreement or (ii) any vested benefit Executive may have as of the Separation Date under any applicable employee benefit plan of the Company. (b) Executive further agrees on behalf of himself and the Executive Releasing Parties (i) not to assert any Claim against the Executive Released Parties which Claim has been released pursuant to Section 4(a) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties in respect of any such Claim or proceeding. If Executive files or commences any proceeding in respect of such claim, Executive shall forfeit, as of the date of the institution of such proceeding, any right to continue to receive the compensation and benefits provided in Section 2, and Executive shall forthwith return to the Company all payment and benefit amounts previously mad to him pursuant to this Agreement. (c) The Company, for itself and each of its subsidiaries and their respective assigns, and to the extent it is legally able to do so, for their respective present or past officers, trustees, directors, shareholders, employees and agents (in each case solely relating to the scope of their employment or in their corporate capacities and to the extent such person is making a claim on behalf of the company)(the "Company Releasing Parties") hereby releases Releasors, and forever discharges Executive from each of them, covenant, promise, and agree that they will not, at any and all Claims arising time, continue to prosecute, commence, file, initiate, institute, cause to be instituted, assist in instituting, or which could have arisen up permit to and including the date of the execution of this Agreementbe instituted on their, out of his, her, or relating to Executive's employmentits behalf, cessation of employment or change in employment status, the termination of prior agreements with him or the performance of his duties on behalf of any other individual or entity, any proceeding: (a) alleging or asserting any of his, her, or its respective Released Claims against the Company; including Released Parties in any actfederal court, omissionstate court, occurrencearbitration, regulatory agency, or other matters related to such employment, and any tribunal or forum or (b) challenging the validity of the claims, matters and issues which could have been asserted by Releases. To the Company against Executive extent any such proceeding exists in any legalcourt, administrativetribunal, or other proceeding; providedforum as of the Execution Date, howeverthe Releasors covenant, promise and agree to withdraw, and seek a dismissal with prejudice of, such proceeding forthwith. 16.3. In connection with the releases in Paragraphs 16.1–16.2, Plaintiffs and Releasors acknowledge that the foregoing release does not apply to (i) any Claim under they are aware that they may hereafter discover claims now unknown or based on this Agreement, (ii) any act or omission involving fraud; and intentional tort; willful, reckless or grossly negligent misconduct; criminal activity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he is not entitledunsuspected, or (iii) any obligation of Executive facts in addition to or different from those which they now know or believe to be true, with respect to Section 3 actions or matters released herein. Plaintiffs and Releasors explicitly took unknown or unsuspected claims into account in entering into the Settlement Agreement and it is the intention of this Agreementthe Parties fully, finally, and forever to settle and release all Released Claims with respect to all such matters. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against Executive which Claim has been released pursuant to Section 4(c) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. the Company agrees to indemnify and hold harmless Executive in respect of any such Claim or proceeding.

Releases and Covenants Not to Xxx. (a) Executive, for himself, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), releases and forever discharges the Company, its present or past subsidiaries and affiliates, and their respective successors and assigns, and their respective present or past officers, trustees, directors, shareholders, employees and agents of each of them (collectively, the "Executive Released Parties"), from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses), whether known or unknown, absolute, contingent or otherwise (each, a "Claim"), arising or which could have arisen up to and including the date of his execution of this Agreement, including without limitation those arising out of or relating to Executive's employment or cessation and termination of employment, the Severance Plan or any other written or oral agreement, any change in executiveExecutive's employment status, any benefits or compensation, any tortuous injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any Claims arising under Title VII of the Civil rights Rights Act of 1964 ( (as amended by the Civil rights Rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Fair Labor Standards Act, the Older workers Workers Benefits Protection Act, the Age Discrimination in employment Employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act of 1974, or any other federal, state or local stature, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Executive against the company Company or its subsidiaries in any legal, administrative or other proceeding; provided, however, that the foregoing release does not apply to (Ii) any Claim under or based on this Agreement or (ii) any vested benefit Executive may have as of the Separation Date under any applicable employee benefit plan of the Company. (b) Executive further agrees on behalf of himself and the Executive Releasing Parties (i) not to assert any Claim against the Executive Released Parties which Claim has been released pursuant to Section 4(a) and (ii) not to file or commence any proceeding in any forum in respect pursuit of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties in with respect of to any such Claim or proceeding. If Executive files or commences any proceeding in respect pursuit of such claim, Executive shall forfeit, as of the date of the institution of such proceeding, any right to continue to receive the compensation and benefits provided in Section 2, and Executive shall forthwith return to the Company all payment and benefit amounts previously mad made to him pursuant to this Agreement. (c) The Company, for itself and each of its subsidiaries and their respective assigns, and to the extent it is legally able to do so, for their respective present or past officers, trustees, directors, shareholders, employees and agents (in each case solely relating to the scope of their employment or in their corporate capacities and to the extent such person is making a claim on behalf of the company)(the company) (the "Company Releasing Parties") hereby releases and forever discharges Executive from any and all Claims arising or which could have arisen up to and including the date of the execution of this Agreement, out of or relating to Executive's employment, cessation of employment or change in employment status, the termination of prior agreements with him his or the performance of his duties on behalf of the Company; including any act, omission, occurrence, or other matters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company against Executive in any legal, administrative, or other proceeding; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, (ii) any act or omission involving fraud; and intentional tort; willful, reckless or grossly negligent misconduct; criminal activity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he she is not entitled, or (iii) any obligation of Executive with respect to Section 3 of this Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against Executive which Claim has been released pursuant to Section 4(c) and (ii) not to file or commence any proceeding in any forum in respect pursuit of any such released Claim. the The Company agrees to indemnify and hold harmless Executive in respect of any such Claim or proceeding.

Releases and Covenants Not to Xxx. (a) Executive, for himself, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), releases and forever discharges the Company, its present or past subsidiaries and affiliates, and their respective successors and assigns, and their respective present or past officers, trustees, directors, shareholders, employees and agents of each of them (collectively, the "Executive Released Parties"), from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses), whether known or unknown, absolute, contingent or otherwise (each, a "Claim"), arising or which could have arisen up to and including the date of his execution of this Agreement, including without limitation those arising out of or relating to Executive's employment or cessation and termination of employment, the Severance Plan Employment Agreement or any other written or oral agreement, any change in executiveExecutive's employment status, any benefits or compensation, any tortuous tortious injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, and any Claims arising under Title VII of the Civil rights Rights Act of 1964 ( (as amended by the Civil rights Rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Fair Labor Standards Act, the Older workers Workers Benefits Protection Act, the Age Discrimination in employment Employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Act, the Employee Retirement Income Security Act of 1974, or any other federal, state or local staturestatute, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Executive against the company Company or its subsidiaries in any legal, administrative or other proceeding; provided, however, that the foregoing release does not apply to (Ii) any Claim under or based on this Agreement or (ii) any vested benefit Executive may have as of the Separation Date under any applicable employee benefit plan of the Company. (b) Executive further agrees on behalf of himself and the Executive Releasing Parties (i) not to assert any Claim against the Executive Released Parties which Claim has been released pursuant to Section 4(a7(a) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties in respect of any such Claim or proceeding. If Executive files or commences any proceeding in respect of such claimClaim, Executive shall forfeit, as of the date of the institution of such proceeding, any right to continue to receive the compensation and benefits provided in Section 2, and Executive shall forthwith return to the Company all payment and benefit amounts previously mad made to him pursuant to this Agreement. (c) The Company, for itself and each of its subsidiaries and their respective assigns, and to the extent it is legally able to do so, for their respective present or past officers, trustees, directors, shareholders, employees and agents (in each case solely relating to the scope of their employment or in their corporate capacities and to the extent such person is making a claim on behalf of the company)(the Company) (the "Company Releasing Parties") hereby releases and forever discharges Executive from any and all Claims arising or which could have arisen up to and including the date of the execution of this Agreement, out of or relating to Executive's employment, cessation of employment or change in employment status, the termination of prior agreements with him him, or the performance of his duties on behalf of the Company; including any act, omission, occurrence, or other matters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company against Executive in any legal, administrative, or other proceeding; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, (ii) any act or omission involving fraud; and an intentional tort; willful, reckless or grossly negligent misconduct; criminal activity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he is not entitled, or (iii) any obligation of Executive with respect to Section 3 Sections 13 or 14 of this the Employment Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against Executive which Claim has been released pursuant to Section 4(c7(c) and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. the The Company agrees to indemnify and hold harmless Executive in respect of any such Claim or proceeding.

Releases and Covenants Not to Xxx. (a) Executive, for himself, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, personal representatives and executors (collectively, the "Executive Releasing Parties"), releases and forever discharges the Company, its present or past subsidiaries and affiliates, and their respective successors and assigns, and their respective present or past officers, trustees, directors, shareholders, employees employees, representatives, and agents of each of them (collectively, the "Executive Released Parties"), from any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses), whether known or unknown, absolute, contingent or otherwise (each, a "Claim"), arising or which could have arisen up to and including the date of his execution of this Agreement, including without limitation those arising out of or relating to Executive's employment or cessation and termination of employment, the Severance Plan employment or any other written or oral agreementagreement (including without limitation the Employment Agreement by and between the Company and Executive on January 13, 1999, as amended, and the Change in Control Severance Agreement by and between the Company and Executive on January 13, 1999, as amended), any change in executiveExecutive's employment status, any benefits or compensation, any tortuous tortious injury, breach of contract, wrongful discharge (including any claim for constructive discharge), infliction of emotional distress, slander, libel or defamation of character, estoppel, attorneys' fees, and any Claims arising under Title VII of the Civil rights Rights Act of 1964 ( (as amended by the Civil rights Rights Act of 1991), the Americans With Disabilities Act, the Rehabilitation Act of 1973, the Equal Pay Act, the Fair Labor Standards Act, the Older workers Workers Benefits Protection Act, the Age Discrimination in employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection Employment Act, the Employee Retirement Income Security Act of 1974, the Family Medical Leave Act, the Kentucky Civil Rights Act, or any other federal, state or local staturestatute, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by Executive against the company Company or its subsidiaries in any legal, administrative or other proceeding; provided, however, that the foregoing release does not apply to (Ii) any Claim under or based on this Agreement or Agreement, (ii) any vested benefit Executive may have as of the Separation Date under any applicable employee benefit plan of the Company, or (iii) any right Executive may have to indemnification under the Company's bylaws or any other agreement between Executive and the Company, which rights to indemnification expressly survive this Agreement. (b) Executive further agrees on behalf of himself and the Executive Releasing Parties (i) not to assert any Claim against the Executive Released Parties which Claim has been released pursuant to Section 4(a) ), and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties in respect of any such Claim or proceeding. If Executive files or commences any proceeding in respect of such claim, Executive shall forfeit, as of the date of the institution of such proceeding, any right to continue to receive the compensation and benefits provided in Section 2, and Executive shall forthwith return to the Company all payment and benefit amounts previously mad to him pursuant to this Agreement. (c) The Company, for itself its present or past subsidiaries and each of its subsidiaries affiliates, and their respective successors and assigns, and to the extent it is legally able to do so, for their respective present or past officers, trustees, directors, shareholders, employees employees, representatives, and agents of each of them (in each case solely relating to hereafter the scope of their employment or in their corporate capacities and to the extent such person is making a claim on behalf of the company)(the "Company Releasing Parties") hereby releases ), release and forever discharges Executive discharge Executive, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, representatives, personal representatives and executors (hereafter the "Company Released Parties") from any and all Claims claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses), whether known or unknown, absolute, contingent or otherwise (each, a "Claim"), arising or which could have arisen up to and including the date of the execution of this Agreement, including without limitation those arising out of or relating to Executive's employment, employment or cessation and termination of employment or any other written or oral agreement (including without limitation the Employment Agreement by and between the Company and Executive on January 13, 1999, as amended, and the Change in Control Severance Agreement by and between the Company and Executive on January 13, 1999, as amended), any change in Executive's employment status, the termination any benefits or compensation, any tortious injury, breach of prior agreements with him or the performance contract, breach of his duties on behalf of the Company; including any act, omission, occurrence, fiduciary or other matters related to such employmentduty, infliction of emotional distress, slander, libel or defamation of character, estoppel, attorneys' fees, and any claims arising under any federal, state or local statute, law, ordinance, regulation, rule or executive order, any tort or contract claims, and any of the claims, matters and issues which could have been asserted by the Company against Executive in any legal, administrative, or other proceedingReleasing Parties; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, or (ii) any act acts, errors or omission involving fraud; and intentional tort; omissions which constitute willful, reckless intentional or grossly negligent misconduct; criminal activity; wrongdoing, or the receipt by Executiveacts of self-dealing, directly or indirectly, of any financial or other acts designed or reasonably expected to result in improper personal benefit to which he is not entitledremuneration, or (iii) any obligation violations of Executive with respect to Section 3 Executive's duty of this Agreementloyalty. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against Executive the Company Released Parties which Claim has been released pursuant to Section 4(c) 4(c ), and (ii) not to file or commence any proceeding in any forum in respect of any such released Claim. the Company agrees to indemnify and hold harmless Executive in respect of any such Claim or proceeding.