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, 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 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, any benefits or compensation, any 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 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 Employee Retirement Income Security Act of 1974, the Family Medical Leave Act, the Kentucky Civil Rights Act, or any other 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 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, (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. (c) 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, representatives, and agents of each of them (hereafter the "Company Releasing Parties"), release and forever 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, 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 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, any benefits or compensation, any tortious injury, breach of contract, breach of fiduciary or other duty, 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 Releasing Parties; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, or (ii) any acts, errors or omissions which constitute willful, intentional or criminal wrongdoing, or acts of self-dealing, or other acts designed or reasonably expected to result in improper personal remuneration, or violations of Executive's duty of loyalty. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against the Company Released Parties 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.

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, representatives, 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 employment, the Severance Plan 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)agreement, any change in Executive's employment status, any benefits or compensation, any tortious tortuous 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 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, the Family Medical Leave Act, the Kentucky Civil Rights Act, or any other federal, state or local statutestature, 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, Agreement or (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 pursuit of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties with respect to any such Claim or proceeding. If Executive files or commences any proceeding in pursuit of such claim, Executive shall forthwith return to the Company all payment and benefit amounts previously made to him pursuant to this Agreement. (c) The Company, for itself and each of its present or past subsidiaries and 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, representatives, employees and agents (in each case solely relating to the scope of each their employment or in their corporate capacities and to the extent such person is making a claim on behalf of them the company) (hereafter the "Company Releasing Parties"), release ) hereby releases and forever discharge Executive, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, representatives, personal representatives and executors (hereafter the "Company Released Parties") discharges Executive 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"), Claims 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 or employment, 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 of prior agreements with his or the performance of his duties on behalf of the Company; including any benefits or compensationact, any tortious injuryomission, breach of contractoccurrence, breach of fiduciary or other duty, 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 claimsmatters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company Releasing Partiesagainst 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, or (ii) any acts, errors act or omissions which constitute omission involving fraud; intentional tort; willful, intentional reckless or grossly negligent misconduct; criminal wrongdoingactivity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which she is not entitled, or acts (iii) any obligation of self-dealing, or other acts designed or reasonably expected Executive with respect to result in improper personal remuneration, or violations Section 3 of Executive's duty of loyaltythis Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against the Company Released Parties Executive 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 pursuit 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 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, representatives, and agents of each of them (collectively, the "Executive Released Parties"), from discharged from: 16.1.1 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 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, any benefits or compensation, any 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 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 Employee Retirement Income Security Act of 1974, the Family Medical Leave Act, the Kentucky Civil Rights Act, or any other 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 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, (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. (c) 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, representatives, and agents of each of them (hereafter the "Company Releasing Parties"), release and forever 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 claimsnotices, 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 could have arisen up to and including the date omissions of any of the execution of this AgreementReleasees pled in the Fourth Consolidated Amended Class Complaint, including without limitation those arising out of or relating to Executive's 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, any benefits or compensation, any tortious injury, breach of contract, breach of fiduciary or other duty, infliction of emotional distress, slander, libel or defamation of character, estoppel, attorneys' feesAmended Master Complaint, and any claims arising complaints in the Related Lawsuits from the beginning of time until the Effective Date or that could have been brought under any federal, state state, local, administrative, or local statuteregulatory law or cause of action concerning exposure to, lawuse of, ordinanceor receipt of water from the Flint Water Treatment Plant, regulationor legal liability for the payment of such water, rule during the period April 25, 2014 to the Effective Date, or executive orderany conduct in any related litigation or arising out of the litigation itself in Federal Court, the Court of Claims, or Genesee County Circuit Court. 16.2. From and after the Execution Date, for the consideration provided for herein and by operation of the Final Orders and Judgments, Plaintiffs, Individual Plaintiffs, the Class and Subclass Representatives, each Settlement Class Member, and the Settlement Class, on behalf of the Releasors, and each of them, covenant, promise, and agree that they will not, at any time, continue to prosecute, commence, file, initiate, institute, cause to be instituted, assist in instituting, or permit to be instituted on their, his, her, or its behalf, or on behalf of any other individual or entity, any tort proceeding: (a) alleging or contract claims, and asserting any of the claimshis, matters and issues which could have been asserted by the Company Releasing Parties; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreementher, or (ii) its respective Released Claims against the Released Parties in any actsfederal court, errors or omissions which constitute willfulstate court, intentional or criminal wrongdoingarbitration, or acts of self-dealingregulatory agency, or other acts designed tribunal or reasonably expected to result forum or (b) challenging the validity of the Releases. To the extent any such proceeding exists in improper personal remunerationany court, tribunal, or violations other forum as of Executive's duty of loyaltythe Execution Date, the Releasors covenant, promise and agree to withdraw, and seek a dismissal with prejudice of, such proceeding forthwith. (d) The Company further agrees on behalf 16.3. In connection with the releases in Paragraphs 16.1–16.2, Plaintiffs and Releasors acknowledge that they are aware that they may hereafter discover claims now unknown or unsuspected, or facts in addition to or different from those which they now know or believe to be true, with respect to 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 itself and the Company Releasing Parties (i) not to assert any Claim against the Company Released Parties which Claim has been released pursuant to Section 4(c )fully, finally, and (ii) not forever to file or commence any proceeding in any forum in settle and release all Released Claims with respect of any to all such released Claimmatters.

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, representatives, 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 employment, the Severance Plan 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)agreement, any change in Executive's employment status, any benefits or compensation, any tortious tortuous 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 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, the Family Medical Leave Act, the Kentucky Civil Rights Act, or any other federal, state or local statutestature, 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 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, Agreement or (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 pursuit of any such released Claim. Executive agrees to indemnify and hold harmless each of the Executive Released Parties with respect to any such Claim or proceeding. If Executive files or commences any proceeding in pursuit of such claim, Executive shall forthwith return to the Company all payment and benefit amounts previously made to him pursuant to this Agreement. (c) The Company, for itself and each of its present or past subsidiaries and 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, representatives, employees and agents (in each case solely relating to the scope of each their employment or in their corporate capacities and to the extent such person is making a claim on behalf of them the company) (hereafter the "Company Releasing Parties"), release ) hereby releases and forever discharge Executive, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, representatives, personal representatives and executors (hereafter the "Company Released Parties") discharges Executive 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"), Claims 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 or employment, 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 of prior agreements with his or the performance of his duties on behalf of the Company; including any benefits or compensationact, any tortious injuryomission, breach of contractoccurrence, breach of fiduciary or other duty, 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 claimsmatters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company Releasing Partiesagainst 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, or (ii) any acts, errors act or omissions which constitute omission involving fraud; intentional tort; willful, intentional reckless or grossly negligent misconduct; criminal wrongdoingactivity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which she is not entitled, or acts (iii) any obligation of self-dealing, or other acts designed or reasonably expected Executive with respect to result in improper personal remuneration, or violations Section 3 of Executive's duty of loyaltythis Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against the Company Released Parties Executive 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 pursuit 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, representatives, 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 employment, the Employment Agreement 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)agreement, any change in Executive's employment status, any benefits or compensation, any 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 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, the Family Medical Leave Act, the Kentucky Civil Rights Act, or any other 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 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, Agreement or (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), 7(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 made to him pursuant to this Agreement. (c) The Company, for itself and each of its present or past subsidiaries and 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, representatives, employees and agents (in each case solely relating to the scope of each their employment or in their corporate capacities and to the extent such person is making a claim on behalf of them the Company) (hereafter the "Company Releasing Parties"), release ) hereby releases and forever discharge Executive, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, representatives, personal representatives and executors (hereafter the "Company Released Parties") discharges Executive 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"), Claims 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 or employment, 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 of prior agreements with him, or the performance of his duties on behalf of the Company; including any benefits or compensationact, any tortious injuryomission, breach of contractoccurrence, breach of fiduciary or other duty, 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 claimsmatters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company Releasing Partiesagainst 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, or (ii) any acts, errors act or omissions which constitute omission involving fraud; an intentional tort; willful, intentional reckless or grossly negligent misconduct; criminal wrongdoingactivity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he is not entitled, or acts (iii) any obligation of self-dealing, Executive with respect to Sections 13 or other acts designed or reasonably expected to result in improper personal remuneration, or violations 14 of Executive's duty of loyaltythe Employment Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against the Company Released Parties Executive which Claim has been released pursuant to Section 4(c ), 7(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, representatives, 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 employment, the Severance Plan 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)agreement, any change in Executive's employment status, any benefits or compensation, any tortious tortuous 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 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, the Family Medical Leave Act, the Kentucky Civil Rights Act, or any other 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 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, Agreement or (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 made to him pursuant to this Agreement. (c) The Company, for itself and each of its present or past subsidiaries and 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, representatives, employees and agents (in each case solely relating to the scope of each their employment or in their corporate capacities and to the extent such person is making a claim on behalf of them the Company) (hereafter the "Company Releasing Parties"), release ) hereby releases and forever discharge Executive, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, representatives, personal representatives and executors (hereafter the "Company Released Parties") discharges Executive 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"), Claims 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 or employment, 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 of prior agreements with him, or the performance of his duties on behalf of the Company; including any benefits or compensationact, any tortious injuryomission, breach of contractoccurrence, breach of fiduciary or other duty, 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 claimsmatters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company Releasing Partiesagainst 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, or (ii) any acts, errors act or omissions which constitute omission involving fraud; an intentional tort; willful, intentional reckless or grossly negligent misconduct; criminal wrongdoingactivity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he is not entitled, or acts (iii) any obligation of self-dealing, or other acts designed or reasonably expected Executive with respect to result in improper personal remuneration, or violations Section 3 of Executive's duty of loyaltythis Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against the Company Released Parties Executive 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.

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, representatives, 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 or any other written or oral agreement (including without limitation the Employment Agreement by and between the Company and Executive on January 13employment, 1999, as amended, and the Change in Control Severance Agreement by and between the Company and Executive on January 13, 1999, as amended), any his change in Executive's employment statusduties, any benefits consulting status and his retirement from Xxxxxx Xxxx on or compensationbefore November 15, any 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' fees2005, and any Claims 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("ERISA"), the Family Medical Leave Act, the Kentucky Civil Rights Actas such acts have been amended, or any other federal, state state, or local statute, 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, (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 Company, or (iii) any right Executive may have his employment with Xxxxxx Xxxx prior to indemnification under the Company's bylaws or any other agreement between Executive and the Company, which rights to indemnification expressly survive this Agreementhis 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 which Claim has been released pursuant to Section 4(a)Parties, and (ii) not to file or commence any proceeding in any forum in respect of court, based on any such released Claim. (c) 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, representatives, and agents of each of them (hereafter the "Company Releasing Parties"), release and forever 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, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses)events, whether known or unknown, absolute, contingent or otherwise (each, a "Claim"), arising or which could have arisen up to and including are the date subject of the execution release contained in section A. of this Agreement, including without limitation those arising out of or relating to Executive's 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, any benefits or compensation, any tortious injury, breach of contract, breach of fiduciary or other duty, 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 Releasing Parties; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, or (ii) any acts, errors or omissions which constitute willful, intentional or criminal wrongdoing, or acts of self-dealing, or other acts designed or reasonably expected to result in improper personal remuneration, or violations of Executive's duty of loyalty. (d) The Company Paragraph 2. Xxxx further agrees on behalf of itself and the Company Releasing Parties (i) not to assert that if any Claim against the Company Released Parties which Claim entity or person shall bring any claim that has been released pursuant in section A. of this Paragraph 2 on his behalf, he shall not accept any recovery or remedy with respect to Section 4(c ), and (ii) not to file or commence any proceeding in any forum in respect of any such released Claimclaim.

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, representatives, 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 employment, the Severance Plan 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)agreement, any change in Executiveexecutive's employment status, any benefits or compensation, any tortious tortuous 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 employment Act, the Illinois Human Rights Act, the Illinois Wage Payment and Collection 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 statutestature, 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, Agreement or (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 and each of its present or past subsidiaries and 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, representatives, employees and agents (in each case solely relating to the scope of each their employment or in their corporate capacities and to the extent such person is making a claim on behalf of them (hereafter the company)(the "Company Releasing Parties"), release ) hereby releases and forever discharge Executive, his legal representatives, assigns, heirs, distributees, devisees, legatees, administrators, representatives, personal representatives and executors (hereafter the "Company Released Parties") discharges Executive 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"), Claims 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 or employment, 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 of prior agreements with him or the performance of his duties on behalf of the Company; including any benefits or compensationact, any tortious injuryomission, breach of contractoccurrence, breach of fiduciary or other duty, 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 claimsmatters related to such employment, and any of the claims, matters and issues which could have been asserted by the Company Releasing Partiesagainst 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, or (ii) any acts, errors act or omissions which constitute omission involving fraud; and intentional tort; willful, intentional reckless or grossly negligent misconduct; criminal wrongdoingactivity; or the receipt by Executive, directly or indirectly, of any financial or other personal benefit to which he is not entitled, or acts (iii) any obligation of self-dealing, or other acts designed or reasonably expected Executive with respect to result in improper personal remuneration, or violations Section 3 of Executive's duty of loyaltythis Agreement. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against the Company Released Parties Executive 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.

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, directors, shareholders, employees, representativescontractors, consultants, agents and attorneys, past, present and future, and agents of each of them all predecessors, successors and assigns thereof. (collectivelyb) The Executive, and anyone claiming through her, agrees not to xxx and further agrees to release the "Executive Released Parties"), from with respect to any and all claims, demands, actions, liabilities and other claims for relief and remuneration whatsoever (including without limitation attorneys' fees and expenses)which the Executive now has or has ever had, whether currently known or unknown, absoluteagainst any of the Released Parties, contingent with respect to or otherwise (each, a "Claim"), arising out of any act or which could have arisen up to and including omission by any of the Released Parties from the beginning of time until the date of his execution of that the Executive executes this Agreement, including without limitation those arising out of including, but not limited to: (i) claims for or relating related in any way to the Executive's employment employment, hiring, terms and conditions of employment, or cessation and termination of employment or any other written or oral agreement from employment; (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, any benefits or compensation, any 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 ii) claims under Title VII of the Civil Rights Act of 1964 (as amended by 1964, the Civil Rights Act of 1991), the Americans With 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 Older Workers' Benefit Protection Act, the Employee Retirement Income Security Act of 1974Act, the Family and Medical Leave ActAct of 1993, the Kentucky Civil Illinois Human Rights Act, or the Chicago or Xxxx County Human Rights ordinances; and (iii) claims under any other federal, state state, or local statute, lawregulation, or ordinance, regulationor under any employment, rule contract, tort, or executive orderother common law theory, including any tort claim for costs or contract claimsattorneys' fees. The foregoing release shall not apply to the Executive's rights, and if any, under any of the claims, matters and issues which could have been asserted by Executive against Company benefit plans or to indemnification from the Company or its subsidiaries in any legal, administrative or other proceeding; provided, however, under director and officer liability insurance that is applicable to the foregoing release does not apply to (i) any Claim under or based on this 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 ClaimExecutive. (c) The CompanyExecutive agrees, its present or past subsidiaries and affiliatesrepresents, and their respective successors warrants that she is the sole owner of the claims that are released in this Agreement and assignsthat she has the full right and power to grant, execute, and their respective present deliver the releases and promises in this Agreement. The Executive further agrees, represents and warrants that she has not initiated or past officersfiled any legal, trusteesequitable, directorsadministrative, shareholdersor any other proceeding against any of the Released 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, employeessatisfaction, representatives, compromise and agents settlement of each of them (hereafter the "Company Releasing Parties"), release and forever 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 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 this Agreement concerning the execution Executive's employment with the Company. Notwithstanding the provisions of this paragraph, the Released Parties do not release any claims based upon (i) information which is not, as of the date hereof, known to the Board of Directors of the Company or legal counsel for the Company relating to possible embezzlement, fraud or other theft from the Company by the Executive, (ii) criminal behavior or intentional wrongdoing by the Executive, or (iii) reconciliation of business expenses of the Executive not yet fully substantiated as of the date of this Agreement, including without limitation those arising out of or relating to Executive's 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, any benefits or compensation, any tortious injury, breach of contract, breach of fiduciary or other duty, 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 Releasing Parties; provided, however, that the foregoing release does not apply to (i) any Claim under or based on this Agreement, or (ii) any acts, errors or omissions which constitute willful, intentional or criminal wrongdoing, or acts of self-dealing, or other acts designed or reasonably expected to result in improper personal remuneration, or violations of Executive's duty of loyalty. (d) The Company further agrees on behalf of itself and the Company Releasing Parties (i) not to assert any Claim against the Company Released Parties 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.