Common use of Terms of Release Clause in Contracts

Terms of Release. Except for the obligations expressly set forth in this Agreement, and in exchange for the Transition Period employment and other consideration that is being provided to you under this Agreement to which you are not otherwise entitled, you hereby release, acquit and forever discharge the Company, its parents and subsidiaries, and its and their respective officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates, of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, April 21, 2005 Page 4 suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the date you sign this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with your employment with the Company, that any other agreements or demands related to salary, performance or other bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of benefit or compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Employee Retirement Income Security Act of 1974, the federal Americans with Disabilities Act of 1990; the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing.

Terms of Release. Except for the obligations expressly set forth in this Agreement, and in exchange for the Transition Period employment and other consideration that is being provided to you under this Agreement to which you are not otherwise entitled, you hereby release, acquit and forever discharge the Company, its parents and subsidiaries, and its and their respective officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates, of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, April 21, 2005 Page 4 suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the date you sign this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with your employment with the Company, that any other agreements or demands related to salary, performance or other bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of benefit or compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Employee Retirement Income Security Act of 1974, the federal Americans with Disabilities Act of 1990; the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing.

Terms of Release. Except for the obligations expressly set forth in this Agreement, and in exchange for the Transition Period employment and other consideration that is being provided to you under this Agreement to which you are not otherwise entitled, you hereby release, acquit and forever discharge the Company, its parents and subsidiaries, and its and their respective officers, directors, agents, servants, employees, attorneys, shareholders, successors, assigns and affiliates, of and from any and all claims, liabilities, demands, causes of action, costs, expenses, attorneys’ ' fees, damages, indemnities and obligations of every kind and nature, in law, equity, or otherwise, known and unknown, April 21, 2005 Page 4 suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to agreements, events, acts or conduct at any time prior to and including the date you sign this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with your employment with the Company, that September 22, 1998 Agreement Regarding Severance and any other agreements or demands related to salary, performance or other bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of benefit or compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Employee Retirement Income Security Act of 1974, the federal Americans with Mr. Xxxx Xxxxxxxx October 25, 2001 Page 4 Disabilities Act of 1990; the California Fair Employment and Housing Act, as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing.

Terms of Release. Except for the obligations expressly set forth in this Agreement, and in exchange for the Transition Period employment and other consideration that is being provided to you The receipt of any severance benefits under this Agreement and the Executive’s acceptance of the provisions of this Agreement will be subject to which you are not otherwise entitledthe Executive agreeing that the foregoing consideration represents settlement in full of all outstanding obligations owed to Executive by the Company and its officers, you managers, supervisors, agents and employees. Executive, on behalf of himself, his heirs, administrators, representatives, executors, successors and assigns, and each of them, hereby release, acquit and forever discharge release the Company, its parents current and subsidiaries, and its and their respective officersformer stockholders, directors, agents, servantsofficers, employees, agents, attorneys, shareholderssuccessors and assigns, successors, assigns and affiliates, each of them (the “Released Parties”) of and from any and all claims, liabilitiesduties, demandsobligations, actions and causes of action, costswhether now known or unknown, expenseswhich the Executive now has, attorneys’ fees, damages, indemnities and obligations of every kind and nature, in law, equityever had, or otherwiseshall or may hereafter have against the Released Parties, known and unknownor any of them, April 21, 2005 Page 4 suspected and unsuspected, disclosed and undisclosed, based upon or arising out of of, directly or in indirectly, any way related to agreementsmatter, eventscause, acts fact, thing, act or conduct at omission whatsoever occurring or existing any time prior up to and including the date you sign he signs this Agreement, including but not limited to: all such claims and demands directly or indirectly arising out of or in any way connected with your employment with the Company, that any other agreements or demands related to salary, performance or other bonuses, commissions, stock, stock options, or any other ownership interests in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of benefit or compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, any claims arising from or related to his employment with the Company or the termination of that employment, any and all claims relating to, or arising from, his right to purchase, or actual purchase of shares of stock of the Company, including, without limitation, any claims for fraud, misrepresentation, breach of fiduciary duty, breach of duty under applicable state corporate law, and securities fraud under any state or federal law and any claims of breach of contract, wrongful termination, fraud, defamation, infliction of emotional distress or discrimination due to national origin, race, religion, age, sex, sexual orientation, disability or other discrimination or harassment under the Civil Rights Act of 1964, as amended; the federal Civil Rights Act of 1991, the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, the Employee Retirement Income Security Act of 1974, the federal Americans with Disabilities Act of 1990; Worker Adjustment and Retraining Notification Act, Older Workers Benefit Protection Act, the Family and Medical Leave Act, the California Family Rights Act, the California Fair Employment and Housing Act, and the California Labor Code, including, but not limited to California Labor Code Sections 1400-1408 or any other applicable law. The foregoing release shall not extend to any right of indemnification Executive has or may have for liabilities arising from Executive’s actions within the course and scope of his employment for the Company. The Company and Executive agree that the release set forth in this section will be and remain in effect in all respects as amended; tort law; contract law; wrongful discharge; discrimination; harassment; fraud; defamation; emotional distress; a complete general release as to the matters released. This release does not extend to any obligations incurred under this Agreement. Executive acknowledges and agrees that any breach of any provision of this Agreement will constitute a material breach of this Agreement and will entitle the implied covenant of good faith and fair dealingCompany immediately cease all benefits provided to Executive under this Agreement.