Common use of Waiver and Release Clause in Contracts

Waiver and Release. In consideration of the benefits described in the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR), and its affiliates, parents, subsidiaries, successors, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related in any way to any claim I may have against or KCSR. This waiver and release includes, but is not limited to all claims, causes of action and rights under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Federal Employers Liability Act; the Railway Labor Act, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Board, or any other entity), and any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sort.

Waiver and Release. In consideration The Employment Agreement is hereby terminated and the parties shall immediately cease the performance of the benefits described mutual obligations contained therein and neither party shall have further obligation to the other hereunder, except for the obligations of Wiener set forth herein. The Severance set forth in Article 6 constitutes a full and complete satisfaction of any claims Wiener may have against the Employment AgreementCompany by reason of his former employment (or his separation therefrom) with the Company, I do or any of its affiliates or employee benefit plans excluding any 401(k) matching that may be owed. Wiener hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR)releases, acquits, and forever discharges the Company, its affiliates, parents, subsidiaries, successors, assigns, directors and insurers, attorneys, representatives, officers, fiduciariesdirectors, employees and agents, as well as employees, subsidiaries and parent and affiliated corporations from any employee benefit plans from liability and damages related in all claims, potential claims, demands, suits, complaints, liabilities, obligations, promises, agreements, actions, causes of action, rights, damages, costs, losses, debts, charges, expenses or other liability, known or unknown, fixed or contingent, liquidated or unliquidated, and waives and releases any way to and all rights of any claim I kind and description, known or unknown, that he has or may have had against or KCSRthe Company as of the date of this Agreement. This waiver and release includes, but is not limited to to, all claims, claims and causes of action and rights under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American Texas Commission on Human Rights Act; the Texas Payday Law; the Americans with Disabilities Act of 1990; the Rehabilitation Act of 1973Act; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Federal Employers Liability Fair Labor Standards Act; the Railway Texas Labor ActCode, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, Chapter 61 of the National Railroad Adjustment Board, or any other entity), and any rights to arbitration thereunderTexas Labor Code; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission oral or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreementwritten contract rights, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sort. This Agreement also precludes Wiener from recovering any relief as a result of any lawsuit, grievance or claims brought on his behalf and arising out of his employment or separation from employment provided that nothing in this Agreement and Release will affect his entitlement, if any, to workers' compensation or unemployment compensation. Additionally, nothing in this Agreement restricts Wiener in any way from communications with, filing a charge or complaint with, or full cooperation in the investigations of, any governmental agency on matters within their jurisdictions or with the Company or Company-sponsored programs. However, as stated above, this Agreement does prohibit Wiener from recovering any relief, including monetary relief, as a result of such communications, charges or complaints. Wiener acknowledges and agrees that his decision to accept the $53,334.00 severance in consideration of the above stated wavier and release has been made by him on a voluntary basis. No other promise, inducement, threat, agreement or understanding of any kind or description whatsoever has been made with or to him by any person or entity to cause him to sign this Agreement. It is also agreed that the Company denies any liability of any kind or type owing Wiener and this Agreement is not to be construed as an admission of liability for either party.

Waiver and Release. In consideration of the benefits described in the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSRKCS), and its affiliates, parents, subsidiaries, successors, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related in any way to any claim I may have against or KCSRKCS. This waiver and release includes, but is not limited to all claims, causes of action and rights under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Federal Employers Liability Act; the Railway Labor Act, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Board, or any other entity), and any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sort.

Waiver and Release. In consideration of the benefits described in the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSRKCS), and its affiliates, parents, subsidiaries, successors, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related in any way to any claim I may have against or KCSRKCS. This waiver Waiver and release Release includes, but is not limited to all claims, causes of action and rights under under: Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Federal Employers Employers’ Liability Act; the Railway Labor Act, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Board, or any other entity), and any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR KCS incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sort.

Waiver and Release. In consideration of the benefits described in the Employment Agreement, I do hereby fully waive all claims and release The the Kansas City Southern Railway Company (KCSR), and its affiliates, parents, subsidiaries, successors, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans (collectively “affiliates”) from liability and damages related in any way to any claim I may have against KCSR or KCSRits affiliates. This waiver Waiver and release Release includes, but is not limited to all claims, causes of action and rights under Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Federal Employers Liability Act; the Railway KCSR Labor Act, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Board, or any other entity), and any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR incentive or benefit plan or programprogram of KCSR or any affiliate, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sort.

Waiver and Release. In consideration For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the benefits Employee, including the payments to the Employee as described in Section 3 hereof, Employee hereby agrees that regardless of who assumes his duties, his separation of employment from the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR), and its affiliates, parents, subsidiaries, successors, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related was not due in any way to age or any claim I may have against other type of discrimination or KCSR. This waiver any wrongful act of the Company, and Employee and his Releasors do hereby voluntarily and fully release includes, but is not limited to and forever discharge the Company from any and all claims, demands, causes of action action, claims for relief, and damages, of whatever kind or nature, known or unknown, developed or undeveloped, which Employee had, now has or may hereinafter have from the beginning of the world to the date of this Agreement, including, without limitation, all claims and all rights which the Employee may have under Title VII of the Civil Rights Act of 1964, as amended; the Equal Employment Opportunity Act of 1972; the Civil Rights Act of 1991; the Age Discrimination in and Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended42 U.S.C. § 1981; the Worker Adjustment and Retraining Notification Older Workers’ Benefit Protection Act; the Americans with Disabilities Act; the Family and Medical Leave Act of 1993; the Equal Pay Act; the Federal Employers Liability Fair Labor Standards Act; the Railway Labor Act, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company officialSarasota County Equal Opportunity Ordinance, any systemfederal or state whistleblower acts and any and all other federal, groupstate and local laws and statutes which regulate employment; and the laws of contracts, regional or special adjustment board, tort and other subjects. (The Employee agrees that the National Railroad Adjustment Board, or any other entity)forgoing enumeration of claims released is illustrative, and any rights the claims hereby released are in no way limited by the above recitation of specific claims, it being the intent of the Employee to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas fully and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; completely release all claims arising from labor protective conditions imposed by whatsoever in any way relating to the Interstate Commerce Commission or Employee’s employment with the Surface Transportation Board; all any KCSR incentive or benefit plan or program, Company and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under the termination of such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sortemployment.)

Waiver and Release. In consideration of the benefits described in the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSRKCS), and its affiliates, parents, subsidiaries, successors, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related in any way to any claim I may have against or KCSRKCS. This waiver and release includes, but is not limited to all claims, causes of action and rights under under: Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Federal Employers Liability Act; the Railway Labor Act, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Board, or any other entity), and any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR KCS incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sort.

Waiver and Release. In consideration of the benefits described Executive hereby releases, gives up and waives any and all rights or claims for liability Executive may now or in the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR)future have against Employer, and its shareholders, directors, officers, employees, agents, affiliates, parentssubsidiaries and predecessors in interest, subsidiariestogether with their respective shareholders, successorsdirectors, assigns, directors and officers, fiduciariesemployees, employees insurers and agentsagents (collectively, as well as "RELEASED PARTIES") in connection with, relating to or arising out of Executive's employment with Employer (or any employee benefit plans Released Parties) or out of the termination of Executive's employment with Employer (or any Released Parties) or any promise, agreement, act, conduct or decision of any of the Released Parties. Further, EXECUTIVE HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY, RELEASES, REMISES, ACQUITS AND FOREVER DISCHARGES RELEASED PARTIES of and from liability any and damages related in any way to any claim I may have against or KCSR. This waiver and release includesall manner of claims, but is not limited to all claimsactions, charges, complaints, causes of action action, suits, judgments, demands, injuries, damages and agreements whatsoever, whether in law or in equity, whether based on contract, statute, tort or strict liability, any alleged rights or claims arising under the National Labor Relations Act; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the Civil Rights United States Code, as amended; the Employee Retirement Income Security Act of 19911974, as amended (except for claims under Employer's 401(k) Profit Sharing Plan); the Immigration Reform Control Act; the Americans with Disabilities Act of 1990, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment Fair Labor Standards Act of 1938; the Occupational Safety and Retraining Notification Health Act; the Family and Medical Leave Act; the Federal Employers Liability Missouri Human Rights Act; Missouri's Workers' Compensation Law; the Railway Labor ActMissouri Service Letter Statute; other alleged age discrimination or other employment discrimination, including bumping rightsbreach of express or implied contract, rights to file a grievancebreach of the covenant of good faith and fair dealing, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Boardwrongful discharge, or any other entityalleged violation of federal, state, or local statutory or common law, whether or not now known or contemplated, which now exist or may hereafter arise from any matter, fact, circumstance, happening or thing whatsoever occurring or failing to occur in connection with, relating to or arising out of Executive's employment with Employer (or any Released Parties) or out of the termination of Executive's employment with Employer (or any Released Parties). This is not, and however, a release of any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission after this date or the Surface Transportation Board; all any KCSR incentive or benefit right to vested benefits due Executive under Employer's 401(k) plan or programgroup health or dental insurance plans based plans based upon service to and ending as of the Effective Date. Except with respect to obligations under this Agreement, under the Personal Loan or matters which the Employer would not be able to indemnify Executive, Employer hereby releases, gives up and waives any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common or claims for liability Employer may now or in the future have against Executive in connection with, relating to or arising out of Executive's employment with Employer. Further, except as excluded above, EMPLOYER HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY, RELEASES, REMISES, ACQUITS 3 Executive Initials: /s/ ______ AND FOREVER DISCHARGES EXECUTIVE of and from any and all manner of claims, actions, charges, complaints, causes of action, suits, judgments, demands, injuries, damages and agreements whatsoever, whether in law such as breach of or in equity, whether based on contract, statute, tort or personal injury strict liability, whether or not now known or contemplated, which now exist or may hereafter arise from any matter, fact, circumstance, happening or thing whatsoever occurring or failing to occur in connection with, relating to or arising out of any sortExecutive's employment with Employer.

Waiver and Release. In consideration of the benefits described Employee hereby waives any and all rights or claims for liability Employee may now or in the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR)future have against Employer, and its shareholders, directors, officers, employees, agents, affiliates, parentssubsidiaries and predecessors in interest, subsidiariestogether with their respective shareholders, successorsdirectors, assigns, directors and officers, fiduciaries, employees and agentsagents (collectively, as well as "RELEASED PARTIES") in connection with, relating to or arising out of Employee's employment with Employer (or any employee benefit plans Released Parties) or out of the termination of Employee's employment with Employer (or any Released Parties). Further, EMPLOYEE HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY, RELEASES, REMISES, ACQUITS AND FOREVER DISCHARGES RELEASED PARTIES of and from liability any and damages related in any way to any claim I may have against or KCSR. This waiver and release includesall manner of claims, but is not limited to all claimsactions, charges, complaints, causes of action action, suits, judgments, demands, injuries, damages and agreements (including any specifically listed on the signature page hereto) whatsoever, whether in law or in equity, whether based on contract, statute, tort or strict liability, any alleged rights or claims arising under the National Labor Relations Act; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the Civil Rights United States Code, as amended; the Employee Retirement Income Security Act of 19911974, as amended (except for claims under Employer's 401(k) Profit Sharing Plan); the Immigration Reform Control Act; the Americans with Disabilities Act of 1990, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment Fair Labor Standards Act of 1938; the Occupational Safety and Retraining Notification Health Act; the Family and Medical Leave Act; other alleged age discrimination or other employment discrimination (including any specifically listed on the Federal Employers Liability Act; signature page hereto), breach of express or implied contract, breach of the Railway Labor Actcovenant of good faith and fair dealing, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Boardwrongful discharge, or any other entity)alleged violation of federal, and any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearingstate, or rights local statutory or common law, whether or not now known or contemplated, which now exist or may hereafter arise from any matter, fact, circumstance, happening or thing whatsoever occurring or failing to arbitration under such agreement; and all rights under common law such as breach occur in connection with, relating to or arising out of contract, tort Employee's employment with Employer (or personal injury any Released Parties) or out of the termination of Employee's employment with Employer (or any sortReleased Parties).

Waiver and Release. In consideration Executive hereby releases, gives up and waives any and all rights, causes of the benefits described action, lawsuits and claims for liability Executive may now or in the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR)future have against Employer, and its shareholders, directors, officers, employees, agents, affiliates, parents, subsidiaries, successorsEmployer-sponsored benefit plans and associated trusts (including administrators, assignstrustees and other fiduciaries thereof) and predecessors in interest, directors and together with their respective shareholders, directors, officers, fiduciariesemployees, employees insurers and agentsagents (collectively, as well as "RELEASED PARTIES") in connection with, relating to or arising out of or based upon Executive's employment with Employer (or any employee benefit plans Released Parties) or out of the termination of Executive's employment with Employer (or any Released Parties), or any promise, agreement, act, conduct or decision of any of the Released Parties to date. Further, EXECUTIVE HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY, RELEASES, REMISES, ACQUITS AND FOREVER DISCHARGES RELEASED PARTIES of and from liability any and damages related in any way to any claim I may have against or KCSR. This waiver and release includesall manner of claims, but is not limited to all claimsactions, charges, complaints, causes of action action, suits, judgments, demands, injuries, damages and agreements whatsoever, whether in law or in equity, whether based on contract, statute, tort or strict liability, any alleged rights or claims arising under the National Labor Relations Act; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the Civil Rights United States Code, as amended; the Employee Retirement Income Security Act of 19911974, as amended (except for claims under Employer's 401(k) Profit Sharing Plan); the Immigration Reform Control Act; the Americans with Disabilities Act of 1990, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment Occupational Safety and Retraining Notification Health Act; the Family and Medical Leave Act; the Federal Employers Liability Missouri Human Rights Act; the Railway Labor ActMissouri Workers' Compensation Law; the Missouri Service Letter Statute; other alleged age discrimination or other employment discrimination, including bumping rightsbreach of express or implied contract, rights to file a grievancebreach of the covenant of good faith and fair dealing, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Boardwrongful discharge, or any other entityalleged violation of federal, state, or local statutory or common law, whether or not now known or contemplated, which now exist or may hereafter arise from any matter, fact, circumstance, happening or thing whatsoever occurring or failing to occur in connection with, relating to or arising out of Executive's employment with Employer (or any Released Parties) or out of the termination of Executive's employment with Employer (or any Released Parties). This is not, and however, a release of any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission after this date or the Surface Transportation Board; all any KCSR incentive or benefit right to vested benefits due Executive under Employer's 401(k) plan or program, group health or dental insurance plans based plans based upon service to and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such ending as breach of contract, tort or personal injury of any sort.the Effective Date. Executive Initials: TAAC

Waiver and Release. In consideration 4.1 Executive completely releases and forever discharges Bioject, BMT, all predecessors and successors for such entities, and all officers, directors, employees, agents, shareholders, representatives and insurers of the benefits described in aforementioned (hereinafter, the Employment Agreement“Released Parties”) from any and all liability, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR)damages or causes of action, and its affiliatesclaims, parentsreimbursements, subsidiariescharges, successorsjudgments, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related in any way to any claim I or obligations of whatever kind or character Executive has or may have against the Released Parties, including, without limitation, any claims under any federal, state or KCSR. This waiver and release includeslocal laws or regulations, including, but is not limited to all claimsto, causes of action and rights under Title VII of the Civil Rights Act of 1964, as amended; Title VII of the Civil Rights Act of 1964; claims under the Civil Rights Action of 1991; claims under the Age Discrimination in Employment Act of 1967, as amended; claims under 42 USC § 1981, 1981a, 1983, 1985, or 1988; claims under the Civil Rights Family and Medical Leave Act of 18661993; claims under the American Americans with Disabilities Act of 1990, as amended; claims under the Rehabilitation Fair Labor Standards Act of 19731938 as amended; the Older Workers Benefit Protection Act of 1990; claims under the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave ActEqual Pay Act of 1963; the Federal Employers Liability ActConsolidated Omnibus Budget Reconciliation Act of 1985; and all amendments to each such Act as well as the Railway Labor Actregulations issued; or any other federal, state, or local laws, rules or regulations, including bumping any insurance, human rights, rights to file a grievancecivil rights, rights to a hearing (whether before any company officialwage-hour, any systempension, groupor labor laws, regional rules or special adjustment boardregulations; public policy, the National Railroad Adjustment Boardcontract or tort laws, or any other entity), and claim of retaliation under any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; law. Executive’s release of all claims against the Released Parties also including, without limitation, any claim arising from labor protective conditions imposed by under common law, including, but not limited to, causes of action for wrongful termination; discrimination on the Interstate Commerce Commission basis of age, sex, race, or national origin or any other basis; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; fraud; conspiracy to commit any act mentioned herein; breach of the employment offer letter or of any other contract (whether express or implied, oral or written); breach of the implied covenant of good faith and fair dealing; interference with business advantage; interference with prospective economic advantage; interference with contractual relationship; defamation; failure to pay compensation of any kind, or to pay equal compensation for equal work; or any other action whether cognizable in law or in equity, based upon any conduct up to and including the date of the Effective Date of this Agreement. This release also includes, without limitation, all claims under Executive’s Employment Agreement. Executive further covenants that he will not initiate any claim against the Released Parties arising out of or relating to his employment or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearingtermination of his employment, or rights his Employment Agreement. 4.2 Executive represents and warrants that he has not assigned or subrogated any claim that he it has or may have against the Released Parties, or authorized any other person or entity to arbitration under assert such agreement; a claim or claims on Executive’s behalf. 4.3 Executive agrees that as a material term of this Agreement and as a condition precedent for any payment of severance compensation, he shall sign and enter into the Supplemental Release that is attached as Appendix B on or immediately after December 31, 2006. Executive understands that the Supplemental Release will release all rights under common law such as breach of contract, tort claims against the Released Parties for all acts or personal injury of any sortomissions through the Separation Date.

Waiver and Release. In consideration of the benefits described in the Employment Except with respect to Xx. Xxxxxx’x rights under this Agreement, I do hereby fully waive all claims Xx. Xxxxxx, on behalf of herself and her heirs, executors, administrators, representatives, successors and assigns, agrees to release The Kansas City Southern Railway Company (KCSR)and forever discharge ALLETE, Inc. and its affiliates, parentssubsidiaries, subsidiariespredecessors, successors, assignsrelated entities, directors insurers and the current and former officers, fiduciariesdirectors, employees shareholders, employees, attorneys, agents and agentstrustees or administrators of any benefit plan of each of the foregoing (any and all of which are referred to as “Releasees”) generally from any and all charges, as well as complaints, claims, promises, agreements, causes of actions, damages, and debts of any employee benefit plans from liability and damages related in any way nature whatsoever, known or unknown (collectively “Claims”), which Xx. Xxxxxx has, claims to have, ever had, or ever claimed to have had against Releasees up through the date of her execution of this Agreement, including but not limited to any claim I may have against Claims under the common law or KCSRany statute. This waiver and release specifically includes, but is not limited to, the following: 4.1 any and all claims arising from or relating to Xx. Xxxxxx’x recruitment, hire, employment, and separation from employment; 4.2 any and all claimsclaims for back pay, causes front pay, other wages, vacation pay or sick pay, bonuses and any other form of action compensation or benefits; 4.3 any and rights all claims of employment discrimination, harassment or wrongful or retaliatory discharge based on race, color, national origin, ancestry, religion, marital status, veteran status, sex, sexual orientation, familial status, disability, handicap age or other characteristic or conduct protected under any applicable federal and state laws and regulations; 4.4 any and all claims of employment discrimination, harassment or wrongful or retaliatory discharge under any applicable federal, state and local laws and regulations; 4.5 any and all claims under the Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in and Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; amended by the Older Workers Benefit Protection Act of 1990; the National Labor Relations Act, as amended; the Equal Pay Act of 1963; the Employee Retirement Income Security Securities Act of 1974, as amended, (but only as to claims arising thereunder prior to the date hereof); the Worker Adjustment and Retraining Notification Americans With Disabilities Act, as amended; the Family and Medical Leave Act of 1993, as amended; the Fair Labor Standards Act; the Federal Employers Liability Minnesota Human Rights Act; the Railway Labor Wisconsin Fair Employment Act, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board; the Constitutions of the United States, the National Railroad Adjustment BoardState of Minnesota and the State of Wisconsin; all other federal, state and local civil rights acts, regulations, orders relating to any term, condition or termination of employment; any and all state statutes or judicial decisions relating in any way to any term, condition or termination of employment; in all cases except to the extent such claims cannot be waived as a matter of law; 4.6 any and all claims in tort, contract, public policy, common law or any other entity), and equitable theory; and 4.7 any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission for costs or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sortattorneys’ fees.

Waiver and Release. In consideration For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the benefits Employee, including the payments to the Employee as described in Section 4 hereof, Employee hereby agrees that regardless of who assumes his duties, his separation of employment from the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR), and its affiliates, parents, subsidiaries, successors, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related was not due in any way to age or any claim I may have against other type of discrimination or KCSR. This waiver any wrongful act of the Company, and Employee and his Releasors do hereby voluntarily and fully release includesand forever discharge the Company, but is not limited to together with its past and current predecessors, successors, shareholders, officers, directors, employees, attorneys, trustees, insurers, representatives, contractors, subsidiaries, related organizations and affiliates (collectively, the "Released Parties"), jointly and individually, from any and all claims, demands, debts, causes of action action, claims for relief, and damages, of whatever kind or nature, known or unknown, developed or undeveloped, which Employee had, now has or may hereinafter have from the beginning of the world to the date of this Agreement, including, without limitation, all claims and all rights which the Employee may have under Title VII of the Civil Rights Act of 1964, as amended; the Equal Employment Opportunity Act of 1972; the Civil Rights Act of 1991; the Age Discrimination in and Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended42 U.S.C. ss. 1981; the Worker Adjustment and Retraining Notification Older Workers' Benefit Protection Act; the Americans with Disabilities Act; the Family and Medical Leave Act of 1993; the Equal Pay Act; the Federal Employers Liability Fair Labor Standards Act; the Railway Labor ActBroward County Equal Opportunity Ordinance; any federal or state whistleblower acts and any and all other federal, including bumping rightsstate and local laws and statutes which regulate employment; and the laws of contracts, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, tort and other subjects. The Employee agrees that the National Railroad Adjustment Board, or any other entity)forgoing enumeration of claims released is illustrative, and any rights the claims hereby released are in no way limited by the above recitation of specific claims, it being the intent of the Employee to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas fully and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; completely release all claims arising from labor protective conditions imposed by whatsoever in any way relating to the Interstate Commerce Commission or Employee's employment with the Surface Transportation Board; all any KCSR incentive or benefit plan or program, Company and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under the termination of such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sortemployment.

Waiver and Release. In exchange for the consideration of the benefits described in the Employment Separation Agreement, I do hereby fully waive Executive unconditionally releases Employer and all claims and release The Kansas City Southern Railway Company (KCSR), and its affiliatesrelated companies, parents, subsidiaries, successors, assigns, directors and all their officers, fiduciariesdirectors, employees and employees, consultants, agents, as well as any employee benefit plans representatives, and attorneys (collectively, the “Releasees”) from liability all claims, liabilities, demands, causes of action, costs, expenses, attorney’s fees, damages, indemnities and damages related obligations of every kind and nature, in law, equity, or otherwise, known and unknown, 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 execution date of this Agreement, including, but not limited to any claim I may have against which could be asserted now or KCSR. This waiver and release includesin the future based on events, acts or occurrences as of the date of this Agreement, whether for damages, wages, vacation pay, paid time off, severance pay, front pay, back pay, attorneys’ fees, costs, expenses and/or any other relief or remedy under any contract or federal, state or local law, ordinance or regulation, including, but is not limited to all claimsto, causes of action and rights under laws or regulations covering Title VII of the Civil Rights Act of 1964, as amended; and the Civil Rights Act of 1991; , Sections 1981 through 1988 of Title 42 of the Age Discrimination in Employment Act of 1967United States Code, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, the Immigration Reform and Control Act, the Americans with Disabilities Act of 1990, the Age Discrimination in Employment Act (“ADEA”) of 1967, as amended; , 29 U.S.C. §621, et seq., and the Older Workers Benefit Protection Act (“OWBPA”), the Occupational Safety and Health Act, the Family and Medical Leave Act, the Uniformed Services Employment and Reemployment Rights Act of 1994, the Worker Adjustment and Retraining Notification Act of ​ 1988, and the Xxxxxxxx-Xxxxx Act; the Family and Medical Leave Act; the Federal Employers Liability Act; the Railway Labor Act, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Board, or any other entity), and any rights amendments to arbitration thereunder; the Missouri Human foregoing. Executive further waives and releases any and all claims or demands arising under the statutes, laws, ordinances, regulations, or common laws of the State of California, including, but not limited to, the California Fair Employment and Housing Act, the California Family Rights Act, the Kansas Act Against DiscriminationCalifornia Labor Code and any applicable Wage Order, the Kansas California Business and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR incentive or benefit plan or programProfessions Code, and any rights other state or local laws or regulations as well as any other claims under any collective bargaining agreementother tort, including seniority rightscontractual, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearingcommon law, or rights statutory theory that Executive may have had or now has up to arbitration under such agreement; and all rights under common law such as breach the date of contract, tort or personal injury of any sortthis Agreement.

Waiver and Release. In consideration For good and valuable consideration, the receipt and sufficiency of which is acknowledged by the benefits Employee, including the payments to the Employee as described in Section 3 hereof, Employee hereby agrees that regardless of who assumes her duties, her separation of employment from the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR), and its affiliates, parents, subsidiaries, successors, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related was not due in any way to age or any claim I may have against other type of discrimination or KCSR. This waiver any wrongful act of the Company, and Employee and her Releasors do hereby voluntarily and fully release includesand forever discharge the Company, but is not limited to together with its past and current predecessors, successors, shareholders, officers, directors, employees, attorneys, trustees, insurers, representatives, contractors, subsidiaries, related organizations and affiliates (collectively, the "Released Parties"), jointly and individually, from any and all claims, demands, debts, causes of action action, claims for relief, and damages, of whatever kind or nature, known or unknown, developed or undeveloped, which Employee had, now has or may hereinafter have from the beginning of the world to the date of this Agreement, including, without limitation, all claims and all rights which the Employee may have under Title VII of the Civil Rights Act of 1964, as amended; the Equal Employment Opportunity Act of 1972; the Civil Rights Act of 1991; the Age Discrimination in and Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended42 U.S.C. ss. 1981; the Worker Adjustment and Retraining Notification Older Workers' Benefit Protection Act; the Americans with Disabilities Act; the Family and Medical Leave Act of 1993; the Equal Pay Act; the Federal Employers Liability Fair Labor Standards Act; the Railway Labor ActBroward County Equal Opportunity Ordinance, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company officialthe Alleged Matters, any systemfederal or state whistleblower acts and any and all other federal, groupstate and local laws and statutes which regulate employment; and the laws of contracts, regional or special adjustment board, tort and other subjects. The Alleged Matters are defined in Section 6 hereof. The Employee agrees that the National Railroad Adjustment Board, or any other entity)forgoing enumeration of claims released is illustrative, and any rights the claims hereby released are in no way limited by the above recitation of specific claims, it being the intent of the Employee to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas fully and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; completely release all claims arising from labor protective conditions imposed by whatsoever in any way relating to the Interstate Commerce Commission or Employee's employment with the Surface Transportation Board; all any KCSR incentive or benefit plan or program, Company and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under the termination of such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sortemployment.

Waiver and Release. In consideration of the benefits described Employee hereby waives any and all rights or claims for liability Employee may now or in the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR)future have against Employer, and its shareholders, directors, officers, employees, agents, affiliates, parentssubsidiaries and predecessors in interest, subsidiariestogether with their respective shareholders, successorsdirectors, assigns, directors and officers, fiduciaries, employees and agentsagents (collectively, as well as "RELEASED PARTIES") in connection with, relating to or arising out of Employee's employment with Employer (or any employee benefit plans Released Parties) or out of the termination of Employee's employment with Employer (or any Released Parties). Further, EMPLOYEE HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY, RELEASES, REMISES, ACQUITS AND FOREVER DISCHARGES RELEASED PARTIES of and from liability any and damages related in any way to any claim I may have against or KCSR. This waiver and release includesall manner of claims, but is not limited to all claimsactions, charges, complaints, causes of action action, suits, judgments, demands, injuries, damages and agreements (including any specifically listed on the signature page hereto) whatsoever, whether in law or in equity, whether based on contract, statute, tort or strict liability, any alleged rights or claims arising under the National Labor Relations Act; Title VII of the Civil Rights Act of 1964, as amended; Sections 1981 through 1988 of Title 42 of the Civil Rights United States Code, as amended; the Employee Retirement Income Security Act of 19911974, as amended (except for claims under Employer's 401(k) Profit Sharing Plan); the Immigration Reform Control Act; the Americans with Disabilities Act of 1990, as amended; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment Fair Labor Standards Act of 1938; the Occupational Safety and Retraining Notification Health Act; the Family and Medical Leave Act; other alleged age discrimination or other employment discrimination (including any specifically listed on the Federal Employers Liability Act; signature page hereto), breach of express or implied contract, breach of the Railway Labor Actcovenant of good faith and fair dealing, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Boardwrongful discharge, or any other entity)alleged violation of federal, and any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearingstate, or rights local statutory or common law, whether or not now known or contemplated, which now exist or may hereafter arise from any matter, fact, circumstance, happening or thing whatsoever occurring or failing to arbitration occur in connection with, relating to or arising out of Employee's employment with Employer (or any Released Parties) or out of the termination of Employee's employment with Employer (or any Released Parties). Except with respect to obligations under such agreement; this Agreement, or matters which the Employer would not be able to indemnify Employee, Employer hereby releases, gives up and waives any and all rights under common or claims for liability Employer may now or in the future have against Employee in connection with, relating to or arising out of Employee's employment with Employer. Further, except as excluded above, EMPLOYER HEREBY VOLUNTARILY, KNOWINGLY, IRREVOCABLY AND UNCONDITIONALLY, RELEASES, REMISES, ACQUITS AND FOREVER DISCHARGES EMPLOYEE of and from any and all manner of claims, actions, charges, complaints, causes of action, suits, judgments, demands, injuries, damages and agreements whatsoever, whether in law such as breach of or in equity, whether based on contract, statute, tort or personal injury strict liability, whether or not now known or contemplated, which now exist or may hereafter arise from any matter, fact, circumstance, happening or thing whatsoever occurring or failing to occur in connection with, relating to or arising out of any sortEmployee's employment with Employer.

Waiver and Release. In consideration of the benefits described in the Employment Agreement, I do hereby fully waive all claims Executive agrees, for himself/herself, Executive’s heirs, executors, administrators, representatives, successors and assigns and anyone claiming by, through or for Executive, or anyone making a claim on Executive’s behalf (for purposes of this Section, “Executive”), to irrevocably and unconditionally waive, release The Kansas City Southern Railway Company (KCSR)and forever discharge the Company, and its affiliatesrespective present, past, and future parents, subsidiaries, and affiliated corporations, divisions, affiliates, predecessors, principals, partners, joint venturers, representatives, successors, and assigns, directors and its past and present owners, directors, officers, fiduciariesemployees, employees and stockholders, attorneys, agents, as well as and insurers, and all persons acting by, through, under or in concert with any employee benefit plans of them and all other persons, firms and corporations whomsoever (collectively “Released Parties”) from liability any and damages related in any way to any claim I may have against all liability, actions, causes of actions, common law claims, statutory claims under local, state or KCSR. This waiver and release includes, federal law including but is not limited to all claimsany rights and claims under the Missouri Human Rights Act, causes of action and rights under the Missouri Service Letter Statute, Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. § 1981, the Civil Rights Employee Retirement Income Security Act of 1991; 1974, the Consolidated Omnibus Budget Reconciliation Act, the Americans with Disabilities Act of 1990, the Fair Labor Standards Act of 1938, the Family & Medical Leave Act of 1993, the Age Discrimination in Employment Act of 1967, the Age Discrimination in Employment Act Amendments of 1990 (sometimes known as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the “Older Workers Benefit Protection Act”), the Equal Pay Act of 1990; the Employee Retirement Income Security Act of 19741963, as amended; the Worker Adjustment and Retraining Notification Act; the Family Act of 1988, and Medical Leave Act; any amendment thereto, the Federal Employers Employer’s Liability Act; all claims arising from labor protective conditions imposed by the Railway Labor ActInterstate Commerce Commission or the Surface Transportation Board; all oral or written contract rights, including bumping rightsany rights under an employment agreement, rights to file a grievanceany Company incentive or benefit plan or program, rights to a hearing including unvested stock options, and ANY RIGHTS UNDER ANY COLLECTIVE BARGAINING AGREEMENT, INCLUDING ANY SENIORITY RIGHTS, BUMPING RIGHTS AND REINSTATEMENT RIGHTS, RIGHTS TO FILE OR ASSERT A GRIEVANCE OR OTHER COMPLAINT, RIGHTS TO A HEARING (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Board, or any other entity), OR RIGHTS TO ARBITRATION UNDER SUCH AGREEMENT; and any rights to arbitration thereunder; the Missouri Human Rights Actclaim under any local, the Kansas Act Against Discriminationstate or federal statute, the Kansas and Missouri Workers’ Compensation actsregulation, rule, ordinance or common law, breach of contract claims, breach of any collective bargaining agreement claims, and all local state demands, damages, expenses, fees (including attorney’s fees, court costs, expert witness fees, etc.), which Executive may now have against the Released Parties and/or have on account of, arising out of, or in connection with all interactions, transactions or contracts, express or implied, between Executive and federal statutes the Released Parties, including, but not limited to Executive’s employment and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission separation thereof, through the date of this Waiver and Release. Nothing in this Waiver and Release shall limit or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights impede Executive’s right to file or assert pursue an administrative charge with, or participate in, any investigation before the Equal Employment Opportunity Commission (“EEOC”), any Federal, State, or Local Agency, or to file a grievance claim for unemployment benefits, and/or any causes of action which by law Executive may not legally waive. Executive agrees, however, that if Executive or anyone on Executive’s behalf, brings any action concerning or related to any cause of action or liability released in this Waiver and Release, Executive waives Executive’s right to, and will not accept, any payments, monies, damages, or other complaintrelief, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sortawarded in connection therewith.

Waiver and Release. In consideration of the benefits described in the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR), and its affiliates, parents, subsidiaries, successors, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related in any way to any claim I may have against KCS or KCSR. This waiver Waiver and release Release includes, but is not limited to all claims, causes of action and rights under under: Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Federal Employers Employers’ Liability Act; the Railway Labor Act, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Board, or any other entity), and any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sort.

Waiver and Release. In consideration of the benefits described in the Employment Agreement, I do hereby fully waive all claims and release The Kansas City Southern Railway Company (KCSR), and its affiliates, parents, subsidiaries, successors, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related in any way to any claim I may have against KCS or KCSR. This waiver Waiver and release Release includes, but is not limited to all claims, causes of action and rights under under: Title VII of the Civil Rights Act of 1964, as amended; the Civil Rights Act of 1991; the Age Discrimination in Employment Act of 1967, as amended; the Civil Rights Act of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Federal Employers Liability Act; the Railway Labor Act, including bumping rights, rights to file a grievance, rights to a hearing (whether before any company official, any system, group, regional or special adjustment board, the National Railroad Adjustment Board, or any other entity), and any rights to arbitration thereunder; the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, rights to file or assert a grievance or other complaint, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of any sort.

Waiver and Release. In consideration of for the benefits Additional Benefits described in the Employment Agreementbelow, I do hereby fully waive Employee releases and discharges Employer from all claims (including claims for attorney's fees and release The Kansas City Southern Railway Company (KCSRcosts), demands and its affiliatescauses of action, parentsknown or unknown, subsidiarieswhich Employee may have or claim to have against Employer, successorsarising out of, assigns, directors and officers, fiduciaries, employees and agents, as well as any employee benefit plans from liability and damages related or in any way relating to, Employee's employment with, or termination of employment, whether based on any act or omission to any claim I may have against or KCSRact. This waiver and release includes, but is not limited to all claimsto, causes claims of action and rights under Title VII negligence, breach of contract, violation of the Civil Rights Acts of 1964 and 1991, violation of the Americans with Disabilities Act, violation of the Consolidated Omnibus Budget Reconciliation Act of 1964, 1985 (as amended; ) ("COBRA"), violation of the Civil Rights Employee Retirement Income Security Act of 1991; 1974 (as amended), violation of the Age Discrimination in Employment Act of 1967, 1967 (as amended; the Civil Rights Act ), violation of 1866; the American with Disabilities Act of 1990; the Rehabilitation Act of 1973; the Older Workers Benefit Protection Act of 1990; the Employee Retirement Income Security Act of 1974, as amended; the Worker Adjustment and Retraining Notification Act; the Family and Medical Leave Act; the Federal Employers Liability Act; the Railway Labor Act, violation of Michigan's Xxxxxxx-Xxxxxx Civil Rights Act, violation of Michigan's Persons with Disabilities Civil Rights Act, violation of Michigan's Payment of Wages and Fringe Benefits Act, claims arising under any federal, state or local laws prohibiting employment discrimination based on age, color, race, gender/sex, height, weight, marital status, national origin, mental or physical disability, religious affiliation, veteran status or any other forms of discrimination, and claims based on any other laws affecting relations between employers and employees, including bumping rightsclaims growing out of Employee's termination of employment. With respect to any charges or complaints that have been filed or may be filed concerning any event or actions relating to Employee's employment or Employee's termination, rights and which occurred prior to file a grievancesigning this Agreement, rights Employee additionally waives and releases any right Employee may have to a hearing (whether before recover in any company officiallawsuit or proceeding brought by Employee, any system, group, regional or special adjustment board, the National Railroad Adjustment Boardan administrative agency, or any other entity)person on Employee's behalf or which includes Employee in any class. This paragraph is not intended to limit Employee from instituting legal action for the sole purpose of enforcing this Agreement, and nor does this Agreement affect any rights to arbitration thereunder; or claims Employee may have which arise after Employee signs this Agreement. Nor does the Missouri Human Rights Act, the Kansas Act Against Discrimination, the Kansas and Missouri Workers’ Compensation acts, and all local state and federal statutes and regulations; all claims arising from labor protective conditions imposed by the Interstate Commerce Commission or the Surface Transportation Board; all any KCSR incentive or benefit plan or program, and any rights under any collective bargaining agreement, including seniority rights, bumping rights and reinstatement rights, Agreement affect Employee's rights to file vested employee benefits, vested stock options, group health benefit continuation rights provided by COBRA or assert a grievance or other complaintany claim for workers' compensation. Prior to instituting any legal action challenging the enforceability of this Agreement, rights to a hearing, or rights to arbitration under such agreement; and all rights under common law such as breach of contract, tort or personal injury of Employee will return in full any sortbenefits received from Employer in connection with Employee signing this Agreement.