Common use of Waiver and Release of All Claims Clause in Contracts

Waiver and Release of All Claims. In consideration of the agreements made by Company in this Agreement, Employee on behalf of himself, his agents, representatives, executors, attorneys, administrators, heirs or assigns, hereby releases, acquits and forever discharges Company, its divisions, parent, subsidiaries, affiliates, predecessors, assigns, successors, officers, officials, directors, shareholders, employees, agents, and each of them, whether past or present (hereinafter collectively referred to as the “Releasees”), from any and all charges, actions, causes of actions, claims, damages, obligations, suits, agreements, costs, expenses, attorneys’ fees and with regard to the payment of all wages, benefits, back pay, debts, obligations, compensatory damages, punitive damages, actual damages, or any other liability of any kind whatsoever, suspected or unsuspected, known or unknown, which have or could have arisen out of Employee’s employment with and/or separation of employment from Company or any Releasee and/or any other occurrence or claim whatsoever, known or unknown, arising on or before the effective date of this Agreement, including, but not limited to: a. Claims which could have arisen under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans With Disabilities Act; the Age Discrimination in Employment Act, as amended; the Family and Medical Leave Act; the Fair Labor Standards Act; the Equal Pay Act; the National Labor Relations Act; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act; the Sxxxxxxx-Xxxxx Act of 2002; the Texas Commission on Human Rights Act, and/or any other federal, state or municipal employment discrimination statute (including claims based on sex, sexual harassment, sexual orientation, age, race, national origin, religion, ancestry, harassment, marital status, handicap, disability, retaliation, any other legally protected group status, and/or attainment of benefit plan rights); and/or b. Claims arising out of any other federal, state, or local statute, law, constitution, ordinance or regulation; c. Any other claim whatsoever including, but not limited to, claims relating to implied or express employment contracts; and/or d. Claims based on theories of tort, whether under common law or otherwise, but excluding claims which Employee cannot by law waive and any claims for breach of this Agreement. Notwithstanding the general language of this release, it is understood that Employee’s release of claims is not intended to waive any rights Employee may have: (i) to indemnification as set forth under Section 16 of the Employment Agreement or (ii) as a terminating employee to: (a) benefits under the Employment Agreement or any vested benefits under a benefit plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or (c) to elect COBRA continuation coverage.

Waiver and Release of All Claims. In consideration of for the agreements made by Company promises and undertakings contained in this Agreement, Employee on behalf and for other good and valuable consideration, the receipt of himselfwhich is hereby acknowledged, Xxxxxxxxxx and his agentsmarital community, descendants, dependents, heirs, representatives, executorsagents, attorneys, administrators, heirs or successors and assigns, hereby releaseswaive, acquits release, and forever discharges discharge the Company, its divisionsX.X. Xxxxxxxx, parentInc., subsidiaries, affiliates, predecessors, assigns, successors, officers, officials, directors, shareholders, employees, agents, their affiliates and each of them, whether past or present subsidiaries (hereinafter collectively referred to as the “ReleaseesGrainger”), ) from any and all complaints, claims, charges, claims for relief, demands, suits, actions, and causes of actionsaction, claimswhether in law or in equity, damageswhether administrative, obligations, suits, agreements, costs, expenses, attorneys’ fees and with regard to the payment of all wages, benefits, back pay, debts, obligations, compensatory damages, punitive damages, actual damagesjudicial, or any other liability of any kind whatsoever, suspected or unsuspected, known or unknownother, which they have asserted or could have arisen out of Employee’s employment with and/or separation of employment from Company assert against Grainger at common law or under any Releasee and/or statute, ordinance, rule, regulation, order, policy, or law, whether federal, state, provincial or local, on any other occurrence or claim grounds whatsoever, known or unknown, including any and all claims arising on or before under the effective date of this AgreementEmployment Standards Act, including2000, but not limited to: a. Claims which could have arisen under the Human Rights Code (Ontario), Illinois’ fair employment statutes, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; , the Civil Rights Acts of 1866 and 1871, the Immigration Reform and Control Act, the Fair Labor Standards Act, the Employee Retirement and Income Security Act, the federal Family and Medical Leave Act, the Americans With with Disabilities Act; , the Equal Pay Act, the Age Discrimination in Employment Act, as amended; the Family and Medical Leave Act; the Fair Labor Standards Act; the Equal Pay Act; the National Labor Relations Act; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act; the Sxxxxxxx-Xxxxx Act of 2002; the Texas Commission on Human Rights Older Workers’ Benefit Protection Act, and/or and any and all actions for breach of contract, express or implied, breach of the covenant of good faith and fair dealing, express or implied, wrongful termination in violation of public policy, all other federalclaims for wrongful termination and constructive discharge, state and all other tort claims, including assault, battery, intentional or municipal negligent infliction of emotional distress, invasion of privacy, negligence, negligent investigation, negligent hiring or retention, defamation, libel or slander, intentional or negligent misrepresentation, fraud, whistleblowing, and any and all other laws and regulations relating to employment discrimination statute (including claims based on sextermination, sexual harassmentemployment discrimination, sexual orientation, age, race, national origin, religion, ancestry, harassment, marital status, handicap, disability, harassment or retaliation, wages, hours, benefits, compensation, bonuses, incentives, and any and all claims for attorneys’ fees and costs. This waiver and release of claims includes all other legally protected group statusclaims, and/or attainment disputes, and causes of benefit plan rights); and/or b. Claims action arising out of any other federal, state, or local statute, law, constitution, ordinance or regulation; c. Any other claim whatsoever including, but not limited to, claims relating Xxxxxxxxxx’ employment with Grainger and the end of that employment up to implied or express employment contracts; and/or d. Claims based on theories the date of tort, whether under common law or otherwise, but excluding claims which Employee cannot by law waive and any claims for breach execution of this Agreement. Notwithstanding the general language of this release, it is understood that Employee’s release of claims is not intended to waive any rights Employee may have: (i) to indemnification as set forth under Section 16 of the Employment Agreement or (ii) as a terminating employee to: (a) benefits under the Employment Agreement or any vested benefits under a benefit plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or (c) to elect COBRA continuation coverage.

Waiver and Release of All Claims. In consideration Mx. Xxxx xxxxxx and releases all known and unknown, suspected and unsuspected, claims and causes of action of any kind he has or may have from the agreements made beginning of time through and including the date he signs the agreement against Nicor. The claims and causes of action that Mx. Xxxx xxxxxx and releases includes but is not limited to all claims and causes of action that are related to or any way grow out of his employment with and separation from employment by Company in this AgreementNicor, Employee on behalf of himself, his agents, representatives, executors, attorneys, administrators, heirs or assigns, hereby releases, acquits and forever discharges Company, its divisions, parent, subsidiaries, affiliates, predecessors, assigns, successors, officers, officials, directors, shareholders, employees, agents, and each of them, whether past or present (hereinafter collectively referred including but not limited to as the “Releasees”), from any and all charges, actions, claims and causes of actionsaction that Nicor: • has violated any type of written or unwritten contract, claimsagreement, understanding, policy, benefit, retirement and/or pension plan, promise and/or covenant of any kind, including but not limited to any covenant of good faith and fair dealing; • has discriminated against Mx. Xxxx on the basis of any characteristic or trait protected under any law, including but not limited to race, color, sex, national origin, ancestry, disability, religion, citizenship, age (including claims under the Age Discrimination In Employment Act of 1967 (ADEA)), or entitlement to benefits, in violation of local, state or federal laws, constitutions, regulations, ordinances or executive orders; • has violated public policy or common law, including but not limited to claims for: personal injury; invasion of privacy; retaliatory discharge; negligent hiring, retention or supervision; defamation; intentional or negligent infliction of emotional distress and/or mental anguish; intentional interference with contract; negligence; detrimental reliance; loss of consortium to Mx. Xxxx or any member of his family; or promissory estoppel; and/or • is in any way obligated for any reason to pay Mx. Xxxx damages, obligations, suits, agreements, costs, expenses, litigation costs (including attorneys’ fees and with regard to the payment of all fees), wages, bonuses, severance pay, separation pay, termination pay, any type of payments or benefits based on his separation from employment, incentive pay, commissions, disability or any other employee benefits, back sick pay, debts, obligations, compensatory damages, punitive damages, actual damagesand/or interest. Excluded from this waiver and release is any claim or right which cannot be waived by law, or any other liability of any kind whatsoever, suspected or unsuspected, known or unknown, which have or could have arisen out of Employee’s employment with and/or separation of employment from Company or any Releasee and/or any other occurrence or claim whatsoever, known or unknown, including all claims arising on or before after the effective date of the agreement and the right to file a charge with or participate in an investigation conducted by an administrative agency. Mx. Xxxx is waiving, however, his right to any monetary recovery if any administrative agency pursues any claim or claims on his behalf. Also excluded from this Agreement, including, but not limited to: a. Claims which could have arisen under Title VII of waiver and release are the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans With Disabilities Act; the Age Discrimination in Employment Act, as amended; the Family and Medical Leave Act; the Fair Labor Standards Act; the Equal Pay Act; the National Labor Relations Act; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act; the Sxxxxxxx-Xxxxx Act of 2002; the Texas Commission on Human Rights Act, and/or any other federal, state or municipal employment discrimination statute (including claims based on sex, sexual harassment, sexual orientation, age, race, national origin, religion, ancestry, harassment, marital status, handicap, disability, retaliation, any other legally protected group status, and/or attainment of benefit plan rights); and/or b. Claims arising out of any other federal, state, or local statute, law, constitution, ordinance or regulation; c. Any other claim whatsoever including, but not limited to, claims relating to implied or express employment contracts; and/or d. Claims based on theories of tort, whether under common law or otherwise, but excluding claims which Employee cannot by law waive and any claims for breach of this Agreement. Notwithstanding the general language of this release, it is understood that Employee’s release of claims is not intended to waive any rights Employee may havefollowing: (i) any action to indemnification as set forth under Section 16 of the Employment Agreement or enforce this agreement; (ii) any claim for litigation costs (including attorneys’ fees) as a terminating employee to: incurred on his behalf in any matter subject to coverage and/or indemnification under Nicor’s director’s and officers liability insurance policy; and (aiii) any claim for accrued benefits under any Nicor-sponsored retirement plan. As to the Employment Agreement or immediately preceding exclusion, Mx. Xxxx and Nxxxx agree that, upon the termination of his employment, he will no longer accrue service within the meaning of any vested Nicor-sponsored retirement plans and his eligibility for benefits under a benefit will be governed by applicable plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or (c) to elect COBRA continuation coveragedocuments.

Waiver and Release of All Claims. In consideration of exchange for the agreements made by Company payments and other considerations listed in this AgreementParagraph 1 above, Employee on behalf of himselfYou agree not to bring any lawsuit or claim against United and You agree to release, his agentsacquit, representatives, executors, attorneys, administrators, heirs or assigns, hereby releases, acquits waive and forever discharges Company, its divisions, parent, subsidiaries, affiliates, predecessors, assigns, successors, officers, officials, directors, shareholders, employees, agents, and each of them, whether past or present (hereinafter collectively referred to as the “Releasees”), discharge United from any and all claims, liabilities, charges, actions, causes of actions, claims, damages, obligations, suits, agreements, costsdamages, expenses, attorneys’ fees and with regard to the payment of all wagescompensation, benefits, back paycosts, debtsattorneys' fees, obligations, compensatory damages, punitive damages, actual damages, or any and/or other liability liabilities of any kind whatsoever, suspected or unsuspected, known or unknown, which have or could have arisen out of Employee’s your employment with and/or separation of from employment from Company or any Releasee with United and/or any other occurrence or claim whatsoever, known or unknown, arising on or before the effective date this Agreement is executed. This includes, but is not limited to claims that United: (1) has violated or breached any personnel policies, handbooks, contracts of this Agreementemployment, includingseverance pay agreements or covenants of good faith and fair dealing; (2) has discriminated against You on the basis of age, race, color, sex, national origin, ancestry, disability, religion, harassment, marital status, parental status, handicap, source of income, retaliation, veteran status or entitlement to benefits, in violation of any local, state or federal law, ordinance or regulation, including but not limited to: a. Claims which could have arisen under to the Age Discrimination in Employment Act of 1967, as amended; Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 199142 U.S.C. Section 1981, as amended; the Americans With Disabilities Act; the Age Discrimination in Employment Act, as amended; the Family and Medical Leave Illinois Human Rights Act; the Fair Labor Standards ActXxxx County Human Rights Ordinance and the Illinois Constitution; the Equal Pay Act; the National Labor Relations Act; the Worker Adjustment and Retraining Notification Act; and/or (3) has violated public policy or common law, including claims for retaliatory discharge, negligent hiring or supervision, severance pay, breach of contract, wrongful termination, tort, personal injury, invasion of privacy, defamation, intentional or negligent infliction of emotional distress and/or mental anguish, intentional interference with contract, negligence, detrimental reliance, loss of consortium to You or to any member of your family and/or promissory estoppel; (4) has violated any other federal, state or local law, ordinance or regulation, including, but not limited to the Employee Retirement Income Security Act; , the Sxxxxxxx-Xxxxx Act of 2002; the Texas Commission on Human Rights Family Medical Leave Act, and/or or the Illinois Wage Payment and Collection Act, 820 ILCS 115/1, ET SEQ.; (5) excluded from this release are any other federal, state or municipal employment discrimination statute (including claims based on sex, sexual harassment, sexual orientation, age, race, national origin, religion, ancestry, harassment, marital status, handicap, disability, retaliation, any other legally protected group status, and/or attainment of benefit plan rights); and/or b. Claims arising out of any other federal, state, or local statute, which cannot be waived by law, constitution, ordinance or regulation; c. Any other claim whatsoever including, including but not limited toto the right to file a charge with or participate in an investigation conducted by the Equal Employment Opportunity Commission ("EEOC"). You are waiving, claims relating however, your right to implied any monetary recovery or express employment contracts; and/or d. Claims based on theories of tort, whether under common law other relief should the EEOC or otherwise, but excluding claims which Employee cannot by law waive and any other agency pursue any claims for on your behalf. Also excluded from this Waiver and Release are any claims of a breach of this Agreement. Notwithstanding the general language of this release, it is understood that Employee’s release of claims is not intended to waive any rights Employee may have: (i) to indemnification as set forth under Section 16 of the Employment Agreement or (ii) as a terminating employee to: (a) benefits under the Employment Agreement or any vested benefits under a benefit plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or (c) to elect COBRA continuation coverage.

Waiver and Release of All Claims. In consideration of the agreements made by Company in this Agreement, Employee on behalf of himself, his agents, representatives, executors, attorneys, administrators, heirs or assigns, hereby releases, acquits and forever discharges Company, its divisions, parent, subsidiaries, affiliates, predecessors, assigns, successors, officers, officials, directors, shareholders, employees, agents, and each of them, whether past or present (hereinafter collectively referred to as the “"Releasees”"), from any and all charges, actions, causes of actions, claims, damages, obligations, suits, agreements, costs, expenses, attorneys’ ' fees and with regard to the payment of all wages, benefits, back pay, debts, obligations, compensatory damages, punitive damages, actual damages, or any other liability of any kind whatsoever, suspected or unsuspected, known or unknown, which have or could have arisen out of Employee’s 's employment with and/or separation of employment from Company or any Releasee and/or any other occurrence or claim whatsoever, known or unknown, arising on or before the effective date of this Agreement, including, but not limited to: a. Claims which could have arisen under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans With Disabilities Act; the Age Discrimination in Employment Act, as amended; the Family and Medical Leave Act; the Fair Labor Standards Act; the Equal Pay Act; the National Labor Relations Act; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act; the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002; the Texas Commission on Human Rights Act, and/or any other federal, state or municipal employment discrimination statute (including claims based on sex, sexual harassment, sexual orientation, age, race, national origin, religion, ancestry, harassment, marital status, handicap, disability, retaliation, any other legally protected group status, and/or attainment of benefit plan rights); and/or b. Claims arising out of any other federal, state, or local statute, law, constitution, ordinance or regulation; c. Any other claim whatsoever including, but not limited to, claims relating to implied or express employment contracts; and/or d. Claims based on theories of tort, whether under common law or otherwise, but excluding claims which Employee cannot by law waive and any claims for breach of this Agreement. Notwithstanding the general language of this release, it is understood that Employee’s release of claims is not intended to waive any rights Employee may have: (i) to indemnification as set forth under Section 16 of the Employment Agreement or (ii) as a terminating employee to: (a) benefits under the Employment Agreement or any vested benefits under a benefit plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or (c) to elect COBRA continuation coverage.

Waiver and Release of All Claims. In consideration of the agreements made by Company in this Agreement, Employee on behalf of himself, his agents, representatives, executors, attorneys, administrators, heirs or assigns, hereby releases, acquits and forever discharges Company, its Forestar Real Estate Group, and Guaranty Financial Group Inc., their divisions, parentparents, subsidiaries, affiliates, predecessors, assigns, successors, officers, officials, directors, shareholders, employees, agents, and each of them, whether past or present present, (hereinafter collectively referred to as the “Releasees”), "Released Parties") from any and all charges, actions, causes of actions, claims, damages, obligations, suits, agreements, costs, expenses, attorneys’ ' fees and with regard to the payment of all wages, benefits, back pay, debts, obligations, compensatory damages, punitive damages, actual damages, or any other liability of any kind whatsoever, suspected or unsuspected, known or unknown, which have or could have arisen out of Employee’s 's employment with and/or separation of employment from Company or any Releasee Released Party and/or any other occurrence or claim whatsoever, known or unknown, arising on or before the effective date of this Agreement, including, but not limited to: a. Claims which could have arisen under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans With Disabilities Act; the Age Discrimination in Employment Act, as amended; the Family and Medical Leave Act; the Fair Labor Standards Act; the Equal Pay Act; the National Labor Relations Act; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act; the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002; the Texas Commission on Human Rights Act, and/or any other federal, state or municipal employment discrimination statute (including claims based on sex, sexual harassment, sexual orientation, age, race, national origin, religion, ancestry, harassment, marital status, handicap, disability, retaliation, any other legally protected group status, and/or attainment of benefit plan rights); and/or b. Claims arising out of any other federal, state, or local statute, law, constitution, ordinance or regulation; c. Any other claim whatsoever including, but not limited to, claims relating to implied or express employment contracts; and/or d. Claims based on theories of tort, whether under common law or otherwise, but excluding claims which Employee cannot by law waive and any claims for breach of this Agreement. Notwithstanding the general language of this release, it is understood that Employee’s release of claims is not intended to waive any rights Employee may have: (i) to indemnification as set forth under Section 16 of the Employment Agreement or (ii) as a terminating employee to: (a) benefits under the Employment Transformation Agreement or any vested benefits under a benefit plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or (c) to elect COBRA continuation coverage; or (d) any rights to indemnification under the Company’s Certificate of Incorporation, By-laws, Transformation Agreement, or Contracts (as defined in the Transformation Agreement).

Waiver and Release of All Claims. In exchange for the consideration of the agreements made by Company described in this AgreementParagraphs 2(a) and 3, Employee You, on behalf of himselfYourself, his Your agents, representatives, executors, attorneys, administrators, heirs or and assigns, hereby releases, acquits are waiving and forever discharges Companyreleasing all known or unknown claims or causes of action against CEC, its divisions, parent, subsidiaries, affiliates, affiliates and predecessors, and each of their assigns, successors, officers, officials, directors, shareholders, employees, agentsshareholders and agents (collectively, and each of them, whether past or present (hereinafter collectively referred to as “the “ReleaseesReleases”), from any and all charges, actions, causes of actions, claims, damages, obligations, suits, agreements, costs, expenses, attorneys’ fees and with regard to the payment of all wages, benefits, back pay, debts, obligations, compensatory damages, punitive damages, actual damages, or any other liability of any kind whatsoever, suspected or unsuspected, known or unknown, which claims have or could have arisen out of Employee’s Your employment with and/or separation termination of employment from Company or any Releasee CEC and/or any other occurrence or claim whatsoever, known or unknown, whatsoever arising on or before the effective date of this AgreementAgreement is executed, including, including but not limited to: a. Claims which could have arisen (a) claims arising under Title VII of the Civil Rights Act of 1964, as amended; , the Civil Rights Act of 1991; , the Equal Pay Act, the Americans With with Disabilities Act; Act of 1990, the Family and Medical Leave Act of 1993, the Age Discrimination in Employment ActAct of 1967, as amended; , Section 1981 of the Family and Medical Leave Civil Rights Act of 1866, the Pregnancy Discrimination Act; the Fair Labor Standards Act; the Equal Pay Act; the National Labor Relations Act; the Worker Adjustment and Retraining Notification Act; , the Employee Retirement Income Security Act; , as amended, the Sxxxxxxx-Xxxxx Act of 2002; the Texas Commission on Human Rights National Labor Relations Act, and/or any other federal, state state, county, or municipal local employment discrimination statute or civil rights laws or regulations (including but not limited to claims based on race, color, creed, sex, sexual harassment, sexual orientation, age, race, national origin, religion, age, ancestry, harassmentveteran status, pregnancy, disability, marital status, handicapsexual orientation, disabilitygender identity, retaliation, any other legally protected group familial status, whistleblower status, retaliation and/or attainment of benefit plan rights); and/or b. Claims (b) claims arising out of any other federal, state, or local statute, law, constitution, ordinance or regulation;; and/or c. Any other claim whatsoever including(c) claims that CEC has violated its personnel policies, procedures, handbooks, any covenant of good faith and fair dealing, or any express or implied contract of any kind; and/or (d) claims of a violation of public policy, statutory or common law, including but not limited toto claims for: personal injury; invasion of privacy; retaliatory discharge; negligent hiring, claims relating retention or supervision; defamation; intentional or negligent infliction of emotional distress and/or mental anguish; intentional interference with contract; negligence; detrimental reliance; loss of consortium to implied you or express employment contractsany member of your family; and/or promissory estoppel; and/or d. Claims based on theories (e) claims that CEC is in any way obligated for any reason to pay You damages, expenses, litigation costs (including attorneys’ fees), back pay, front pay, disability or other benefits (other than accrued 401(k) or vacation benefits), compensatory damages, punitive damages, and/or interest, and/or (f) claims to employment, reinstatement, or seniority with CEC. You represent that you have not commenced or joined in any claim, charge, action or proceeding whatsoever against CEC or any of tortthe other Releases, whether arising out of or relating to any of the matters set forth in this Agreement. You further agree that You will not be entitled to any personal recovery in, and shall not commence or join, any action or proceeding whatsoever against CEC or any of the Releases for any of the matters set forth in this Agreement. You acknowledge that other than as set forth in provisions 2(a) and 3 above, the Company’s obligations under common law the Agreement are in lieu of and in full satisfaction of any and all amounts that might otherwise be payable to You or for Your benefit under any contract, agreement, plan, policy, program, practice or otherwise, but excluding claims which Employee cannot by law waive and any claims for breach past or present, of the Company. You further acknowledge that, other than the Company’s obligations under this Agreement. Notwithstanding , following the general language of this releaseSeparation Date, it is understood the Company shall have no further obligations to You, and that Employee’s release of claims is not intended You shall have no right to waive any rights Employee may have: (i) other payments or benefits from the Company with respect to indemnification as set forth under Section 16 of Your employment with the Employment Agreement Company or (ii) as a terminating employee to: (a) benefits under the Employment Agreement or any vested benefits under a benefit plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or (c) to elect COBRA continuation coveragetermination thereof.

Waiver and Release of All Claims. In consideration of the agreements made by Company in this Agreement(a) The Executive, Employee on behalf of himselfhimself and his successors, his agentsassigns, representatives, executors, attorneys, executors and administrators, heirs or assignsvoluntarily, hereby releases, acquits knowingly and willingly releases and forever discharges the Company, together with its divisions, parentpast and present parents, subsidiaries, and affiliates, predecessors, assigns, successors, together with each of their officers, officials, directors, shareholdersstockholders, partners, employees, agents, representatives, attorneys and advisors and each of themtheir subsidiaries, whether past or present affiliates, estates, predecessors, successors, and assigns (hereinafter collectively referred to as collectively, the “"Releasees”), ") from any and all rights, claims, charges, actions, causes of actionsaction, claimscomplaints, sums of money, suits, debts, covenants, contracts, agreements, promises, obligations, damages, obligations, suits, agreements, costs, expenses, attorneys’ fees and with regard to the payment demands or liabilities of all wages, benefits, back pay, debts, obligations, compensatory damages, punitive damages, actual damages, or any other liability of any every kind whatsoever, suspected in law or unsuspectedin equity, whether known or unknown, suspected or unsuspected (collectively, "Claims") which the Executive or the Executive's executors, administrators, successors or assigns ever had, now has or may hereafter claim to have by reason of any matter, cause or could have arisen out thing whatsoever: (i) arising from the beginning of Employee’s employment with and/or separation of employment from Company time up to the date the Executive signs this Supplemental Release under any federal, state or any Releasee and/or any other occurrence local statute, constitution, law or claim whatsoever, known or unknown, arising on or before the effective date of this Agreementregulation, including, but not limited to: a. Claims which could have arisen under without limitation, the Age Discrimination in Employment Act ("ADEA"), the Older Workers Benefit Protection Act ("OWBPA"), the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Employee Retirement Income Security Act of 1991; 1974, the Americans With Disabilities Act; the Age Discrimination in Employment ActXxxxxxxx-Xxxxx Act of 2002, as amended; the Family and Medical Leave Act; the Fair Labor Standards Act; the Equal Pay Act; the National Labor Relations Act; the Worker Adjustment and Retraining Notification Act; , the Employee Retirement Income Security Rehabilitation Act of 1973, Executive Order 11246, the Family and Medical Leave Act of 1993, the Genetic Information Nondiscrimination Act, the North Carolina Retaliatory Employment Discrimination Act, North Carolina Equal Employment Practices Act, the North Carolina Persons With Disabilities Protection Act and the North Carolina Wage and Hour Act; (ii) relating to the Sxxxxxxx-Xxxxx Act Executive's hiring, employment or cessation of 2002employment with the Company or any of the Releasees, as well as the circumstances thereof; and/or (iii) arising under or relating to any policy, agreement, understanding or promise, written or oral, formal or informal, between the Texas Commission on Human Rights ActCompany and any of the Releasees and the Executive existing as of the date the Executive signs this Supplemental Release, and/or any other federal, state or municipal employment discrimination statute (including claims based on sex, sexual harassment, sexual orientation, age, race, national origin, religion, ancestry, harassment, marital status, handicap, disability, retaliation, any other legally protected group status, and/or attainment of benefit plan rights); and/or b. Claims arising out of any other federal, state, or local statute, law, constitution, ordinance or regulation; c. Any other claim whatsoever including, but not limited to, claims relating the Employment Agreement. This Section 3 does not waive or attempt to implied or express employment contracts; and/or d. waive (1) any Claims based on theories of tort, whether under common law or otherwise, but excluding claims which Employee that cannot by law waive legally be waived; (2) any rights the Executive may have to file a charge of discrimination with a federal or state administrative agency; provided, however, that the Executive acknowledges and agrees that, the Executive is not entitled to any claims for breach personal recovery in any such agency proceedings; (3) any Claims the Executive may have under the Agreement or this Supplemental Release; and (4) any Claims the Executive may have to indemnification pursuant to Article 18 of this the Employment Agreement. Notwithstanding . (b) For the general language purpose of this implementing a full and complete release, it is understood the Executive understands and agrees that Employee’s this release of claims is not intended to waive include all Claims, if any, which the Executive may have and which the Executive does not now know or suspect to exist in the Executive's favor against the Releasees and that this Supplemental Release extinguishes those claims. Accordingly, the Executive expressly waives all rights afforded by any rights Employee may have: (i) to indemnification as set forth under Section 16 federal, state or local statute, constitution, law or regulation prohibiting, limiting, or restricting the waiver of the Employment Agreement or (ii) as a terminating employee to: (a) benefits under the Employment Agreement or any vested benefits under a benefit plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or unknown claims. (c) By signing this Supplemental Release, the Executive represents and warrants that, as of the date Executive signs this Supplemental Release, the Executive has not commenced or joined in any Claim whatsoever against any of the Releasees arising out of or relating to elect COBRA continuation coverageany of the matters set forth in this Section.

Waiver and Release of All Claims. a. In consideration of the agreements made by Company payment of the bonus in this Agreementthe amount of $55,000 (the “Bonus”), Xxxxx X. Xxxxxx (“Employee”) Employee on behalf of himselfhereby forever releases and discharges Nationwide Health Properties, his agentsInc. (the “Company”), representativesits affiliates, executors, attorneys, administrators, heirs or successors and assigns, hereby releases, acquits as well as each of its past and forever discharges Company, its divisions, parent, subsidiaries, affiliates, predecessors, assigns, successors, present officers, officials, directors, shareholders, employees, agents, attorneys and each of themshareholders (collectively, whether past or present (hereinafter collectively referred to as the “ReleaseesReleased Parties”), from any and all claims, charges, actionscomplaints, liens, demands, causes of actions, claims, damagesaction, obligations, suitsdamages and liabilities, agreements, costs, expenses, attorneys’ fees and with regard to the payment of all wages, benefits, back pay, debts, obligations, compensatory damages, punitive damages, actual damages, known or any other liability of any kind whatsoeverunknown, suspected or unsuspected, known that Employee had, now has or unknown, which may hereafter claim to have or could have arisen against the Released Parties arising out of or relating in any way to Employee’s employment with and/or separation of employment from with, or termination from, the Company or otherwise relating to any Releasee and/or any other occurrence or claim whatsoever, known or unknown, arising on or before of the Released Parties from the beginning of time to the effective date of this AgreementWaiver and General Release of all Claims (the “Release”). This Release specifically extends to, without limitation, any and all claims or causes of action for wrongful termination, breach of an express or implied contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, fraud, misrepresentation, defamation, slander, infliction of emotional distress, disability, loss of future earnings, and any claims under any applicable state, federal or local statutes and regulations, including, but not limited to: a. Claims which could have arisen under Title VII of , the Civil Rights Act of 1964, as amended; , the Civil Rights Equal Pay Act of 1991; the Americans With Disabilities Act; the Age Discrimination in Employment Act1963, as amended; the Family and Medical Leave Act; , the Fair Labor Standards Act; , as amended, the Equal Pay Act; Americans with Disabilities Act of 1990, as amended, the National Labor Relations Act; Rehabilitation Act of 1973, as amended, the Employee Retirement Income Security Act of 1974, as amended, the Worker Adjustment and Retraining Notification Act; , as amended, Section 806 of the Employee Retirement Income Security Act; the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002; Act, the Texas Commission on Human Family and Medical Leave Act, as amended, the California Family Rights Act, and/or as amended, the California Fair Employment and Housing Act, as amended and California Labor Code Section 1400 et seq.; provided, however, that this Release does not waive, release or otherwise discharge any other federalclaim or cause of action that cannot legally be waived, state or municipal employment discrimination statute (including claims based on sex, sexual harassment, sexual orientation, age, race, national origin, religion, ancestry, harassment, marital status, handicap, disability, retaliation, any other legally protected group status, and/or attainment of benefit plan rights); and/or b. Claims arising out of any other federal, state, or local statute, law, constitution, ordinance or regulation; c. Any other claim whatsoever including, but not limited to, claims relating to implied or express employment contracts; and/or d. Claims based on theories of tortany claim for unpaid wages, whether under common law or otherwiseworkers’ compensation benefits, but excluding claims which Employee cannot by law waive unemployment benefits and any claims for breach under section 2802 of this Agreement. Notwithstanding the general language California Labor Code. b. For the purpose of this implementing a full and complete release, it Employee understands and agrees that this Agreement is understood that Employee’s release of claims is not intended to waive any rights include all claims, if any, which Employee may have: (i) have and which Employee does not now know or suspect to indemnification as set forth under exist in his favor against the Released Parties and this Agreement extinguishes those claims. Accordingly, Employee expressly waives all rights afforded by Section 16 1542 of the Employment Agreement Civil Code of the State of California (“Section 1542”) and any other similar federal, state or (ii) local statute. Section 1542 states as a terminating employee to: (a) benefits under the Employment Agreement or any vested benefits under a benefit plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or (c) to elect COBRA continuation coverage.follows:

Waiver and Release of All Claims. In consideration The payments and promises set forth in this Agreement are in full satisfaction of all accrued salary, vacation pay, bonus pay, profit-sharing, stock options, termination benefits or other compensation to which you may be entitled by virtue of your employment and directorship with the agreements made by Company, including your separation from the Company. You hereby release and waive all claims you may have against the Company in this Agreementany capacity (including as an employee, Employee on behalf of himselfdirector, his officer, stockholder and optionholder) and its present and former owners, agents, representatives, executors, attorneys, administrators, heirs or assigns, hereby releases, acquits and forever discharges Company, its divisions, parent, subsidiaries, affiliates, predecessors, assigns, successors, officers, officials, directors, shareholders, employees, agentsdirectors, attorneys, subscribers, subsidiaries, parent, affiliates, successors and each of them, whether past or present assigns (hereinafter collectively referred to as the “Releasees”), from any and all charges, actions, causes of actions, claims, damages, obligations, suits, agreements, costs, expenses, attorneys’ fees and with regard to the payment of all wages, benefits, back pay, debts, obligations, compensatory damages, punitive damages, actual damages, or any other liability of any kind whatsoever, suspected or unsuspected, whether known or unknown, which have or could have arisen out of Employee’s employment with and/or separation of employment from Company or any Releasee and/or any other occurrence or claim whatsoever, known or unknown, arising on or before the effective date of this Agreementnot known, including, without limitation, claims under any securities and employment laws, including but not limited to: a. Claims which could have arisen , claims of unlawful discharge, breach of contract, breach of the covenant of good faith and fair dealing, fraud, violation of public policy, defamation, physical injury, emotional distress, claims for additional compensation or benefits arising out of your employment or your separation of employment, claims under any laws and/or regulations relating to employment or employment discrimination, including, without limitation, claims under Title VII of the Civil Rights Act of 1964, as amended; , the Civil Rights Act of 1991; the Americans With Disabilities Act; , the Age Discrimination in Employment Act of 1967, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act, as amended; the Employee Retirement Income Security Act of 1974, The Worker Adjustment and Retraining Notification Act, the Older Workers Benefit Protection Act, the California Fair Employment and Housing Act, California Labor Code section 201, et seq. and section 970, et seq., the Family and Medical Leave Act; , the Fair Labor Standards Act; the Equal Pay Act; the National Labor Relations Act; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act; the SxxxxxxxXxxxxxxx-Xxxxx Act of 2002; the Texas Commission on Human Rights Act, and/or privacy laws, and all other state and federal civil rights, discrimination, equal opportunity and fair employment practices, laws or statutes, any other and all claims for violation of the federal, state state, constitution, or any municipal employment discrimination statute statute. However, this release does not waive your rights to any vested benefits under any Company plans, including a 401K plan or any claim which as a matter of law or public policy cannot be waived. In addition, this release does not waive your rights to coverage under any and all applicable Company insurance policies for actions or omissions by you while employed by the Company as an officer and/or while serving as a director. This release also does not waive any of your rights pursuant to California Labor Code sections 2802 and 2804, which as a matter of law or public policy cannot be waived. By signing below, you expressly waive any benefits of Section 1542 of the Civil Code of the State of California, (including claims based on sex, sexual harassment, sexual orientation, age, race, national origin, religion, ancestry, harassment, marital status, handicap, disability, retaliation, any other legally protected group status, and/or attainment of benefit plan rights); and/or b. Claims arising out of and any other federal, state, or local statutelaw of similar effect), law, constitution, ordinance or regulation; c. Any other claim whatsoever including, but not limited to, claims relating to implied or express employment contracts; and/or d. Claims based on theories of tort, whether under common law or otherwise, but excluding claims which Employee cannot by law waive and any claims for breach of this Agreement. Notwithstanding the general language of this release, it is understood that Employee’s release of claims is not intended to waive any rights Employee may have: (i) to indemnification provides as set forth under Section 16 of the Employment Agreement or (ii) as a terminating employee to: (a) benefits under the Employment Agreement or any vested benefits under a benefit plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or (c) to elect COBRA continuation coverage.follows:

Waiver and Release of All Claims. In consideration for the Letter Agreement dated February 24, 2000 between Xxxxxxx and United and all other good and valuable consideration, the receipt and sufficiency of the agreements made by Company in this Agreement, Employee on behalf of himself, his agents, representatives, executors, attorneys, administrators, heirs or assignswhich are hereby expressly acknowledged, hereby releases, acquits releases and forever discharges CompanyUnited and each and every one of its past, its divisionspresent or future directors, parentofficers, successors, employees, subsidiaries, affiliates, predecessorssister and parent companies, assigns, successors, officers, officials, directors, shareholders, employees, agents, divisions and each assigns of them, whether past or present (hereinafter collectively referred to as the “Releasees”), and from any and all charges, actions, causes of actionsaction, claims, damages, obligations, suits, agreementscharges, damages and costs, expenses, attorneys’ fees and with regard in relation to all claims which exist as of the date of execution of this Release or which could have been alleged up to the payment date of all wagesthis Release. Xxxxxxx further agrees not to commence or cause to be commenced on his behalf any administrative charge or claims, benefits, back pay, debts, obligations, compensatory damages, punitive damages, actual damages, administrative review or any other liability legal action of any kind whatsoever, suspected against United asserting any claim or unsuspected, known charge arising from or unknown, which have or could have arisen out of Employee’s in any way relating to his employment with and/or separation of employment from Company or any Releasee and/or any other occurrence or claim whatsoever, known or unknown, arising on or before United up to the effective date of this AgreementRelease, including, but not limited to: a. Claims : claims which could have arisen under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Americans With Disabilities Act; the Age Discrimination in Employment Act, as amended; the Family and Medical Leave Act; the Fair Labor Standards Act; the Equal Pay Act; the National Labor Relations Act; the Worker Adjustment and Retraining Notification Act; the Employee Retirement Income Security Act; the Sxxxxxxx-Xxxxx Act of 2002; the Texas Commission on Illinois Human Rights Act, and/or any other federalstate, state federal or municipal employment discrimination statute statutes (including claims based on sex, sexual harassment, sexual orientation, age, race, national origin, religion, ancestry, harassment, marital status, handicap, disability, retaliation, any other legally protected group status, retaliation and/or attainment of benefit plan rights); and/or b. Claims arising out of and/or any other federal, state, or local statute, law, constitution, ordinance or regulation; c. Any other claim whatsoever including, but not limited to, claims relating to implied or express employment contracts; and/or d. Claims based on theories , stock option agreements, public policy or tort claims, intentional infliction of tortemotional distress claims, whether under personal injury claims, defamation claims, privacy claims, wrongful discharge claims, common law claims, claims relating to legal restriction on United's right to terminate employees or otherwisepursuant to any other claim whatsoever, arising out of or relating to his employment with United and/or any other occurrence to the date of this Agreement, but excluding claims which Employee Xxxxxxx cannot by law waive and any claims for breach of this Agreement. Notwithstanding the general language of this releaseLetter Agreement dated February 24, it is understood that Employee’s release of claims is not intended to waive any rights Employee may have: (i) to indemnification as set forth under Section 16 of the Employment Agreement or (ii) as a terminating employee to: (a) benefits under the Employment Agreement or any vested benefits under a benefit plan which by its terms specifically provides for the vesting of benefits; (b) to apply for unemployment compensation benefits under state law; or (c) to elect COBRA continuation coverage2000.