Common use of Waiver and Release Clause in Contracts

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting Pursuant to Section [4(c)(ii)] / [4(e)(i)] of the Restricted Stock UnitsEmployment Agreement, and in consideration of the Post-Termination Benefits to be provided to Executive as outlined in the Employment Agreement and this Release as set forth herein, Executive, on behalf of himself and his heirs, executors, administrators and assigns, forever waives, releases and discharges Employer, its officers, directors, owners, shareholders and agents (collectively referred to herein as, the “Employer Group”), and each of its and their respective officers, directors, shareholders, members, managers, employees, agents, servants, accountants, attorneys, heirs, beneficiaries, successors and assigns (together with the Employer Group, the “Employer Released Parties”), from any and all claims, demands, causes of actions, fees, damages, liabilities and expenses (including attorneys’ fees) of any kind whatsoever, whether known or unknown, that Executive has ever had or might have against the Employer Released Parties that directly or indirectly arise out of, relate to, or are connected with, Executive’s services to, or employment by the Company, including, but not limited to (i) any claims under Title VII of the Civil Rights Act, as amended, the Americans with Disabilities Act, as amended, the Family and Medical Leave Act, as amended, the Fair Labor Standards Act, as amended, the Equal Pay Act, as amended, the Employee Retirement Income Security Act, as amended (with respect to unvested benefits), the Civil Rights Act of 1991, as amended, Section 1981 of Title 42 of the United States Code, the Xxxxxxxx-Xxxxx Act of 2002, as amended, the Worker Adjustment and Retraining Notification Act, as amended, the Age Discrimination in Employment Act, as amended, the Uniform Services Employment and Reemployment Rights Act, as amended, the California Fair Employment and Housing Act, as amended, and the California Labor Code, as amended, and/or any other federal, state or local law (statutory, regulatory or otherwise) that may be legally waived and released and (ii) any tort and/or contract claims, including any claims of wrongful discharge, defamation, emotional distress, tortious interference with contract, invasion of privacy, nonphysical injury, personal injury or sickness or any other harm. Executive acknowledges that if the Equal Employment Opportunity Commission or any other administrative agency brings any charge or complaint on his behalf or for his benefit, this Release bars Executive from receiving, and Executive hereby waives any and all claims whether known right to, any monetary or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or other individual relief related to the Employee’s employmentsuch a charge or complaint. This Release, except for however, excludes (1i) any claims made under state workers’ compensation or unemployment laws, and/or any claims that cannot be waived by law, (ii) claims with respect to the breach of any covenant (including any payments under this the Employment Agreement, (2) claims that arise to be performed by Employer after the date hereof and obligations that by their terms are to be performed after the date hereofof this Release, (3iii) claims for compensation any rights to indemnification or benefits under any compensation contribution or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by under the Employment Agreement, Indemnification Agreement, any operative documents of the Company or any of its Subsidiaries or Affiliatesapplicable law, or (6iv) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company claims as a result holder of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights equity awards under the laws Company’s equity incentive plans or as a holder of Fund Incentives; and (v) any state claims for vested benefits under any employee benefit plan (expressly excluding any severance plan and including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Consolidated Omnibus Budget Reconciliation Act of 1967, as amended. The Employee acknowledges 1985) or any claims that may arise after the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until date Executive signs the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effectRelease.

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliatesaffiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliatesaffiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliatesaffiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) acknowledges that he has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 twenty-one (21) days to consider this waiver and release; and (c) may revoke this waiver and release within seven (7) days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-seven (7) day period. If In the event that the waiver and release is revoked during such seven-seven (7) day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock Performance Share Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible, or (7) claims under the California Fair Employment and Housing Act. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock Performance Share Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible, or (7) claims under the California Fair Employment and Housing Act. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock Unitspayments and benefits provided hereunder, the Employee hereby waives Executive agrees that Executive will, upon termination of employment and in no event later than sixty (60) days after the Date of Termination, as a condition to the Company’s obligation to pay any severance benefits under this Agreement (including, but not limited to, those benefits set forth Sections 8.l.1, 8.1.2, 8.1.3, 8.1.4, 8.1.5, 8.1.6 and all claims whether known or unknown that the Employee may have against 8.1.7), deliver to the Company a fully executed release, in form acceptable to the Company, that fully and irrevocably releases and discharges the Company, its Subsidiaries and Affiliates and each of their respective directors, officers, shareholdersagents and employees from any and all claims, agents charges, complaints, liabilities of any kind, known or employees arising out ofunknown, in connection with or related owed to the Employee’s employmentExecutive, except for (1) claims obligations arising under the provisions of this Agreement, (2) to vested benefits under the Company’s benefit plans, obligations arising under stock option, restricted stock or other equity compensation agreements, or such claims that arise after may not be released by law.” 9. This Amendment may be executed simultaneously in one or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the date hereof same instrument. Except as otherwise provided in this Amendment, the terms and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement provisions of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions Employment Agreement shall continue in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in effect. In the event of any conflict between the entry terms of judgment against the Company as a result of any act or failure to act for which both the Employee Employment Agreement and the Company or any terms of this Amendment, the terms of this Amendment shall govern. This Amendment has been executed and delivered in the State of South Carolina and its Subsidiaries or Affiliates are jointly responsible. The Employee waives any validity, interpretation, performance and all rights under enforcement shall be governed by the laws of the State of South Carolina. 10. The parties agree that there shall be no presumption that any state (expressly including but not limited ambiguity in this Amendment or the Employment Agreement is to Section 1542 be construed against the drafter. No provision of this Amendment or the Employment Agreement will be interpreted in favor of, or against, any of the California Civil Code), parties hereto by reason of the extent to which any such party or his or its counsel participated in the drafting thereof or by reason of the extent to which any such provision is substantially similar in wording inconsistent with any prior draft hereof or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amendedthereof. The Employee Executive acknowledges and confirms that he has reviewed this Amendment and the Employee (a) Employment Agreement in their entirety, has been advised had an opportunity to consult an attorney in connection with entering into obtain the advice of counsel, and fully understands all provisions of this Amendment and the Employment Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock UnitsCSUs and SSUs, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible, or (7) claims under the California Fair Employment and Housing Act. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s 's employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s 's service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ ' and officers’ ' liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock UnitsStock, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliatesaffiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliatesaffiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliatesaffiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) acknowledges that he has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 twenty-one (21) days to consider this waiver and release; and (c) may revoke this waiver and release within seven (7) days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxx Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-seven (7) day period. If In the event that the waiver and release is revoked during such seven-seven (7) day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsibleresponsible or (7) claims under the California Fair Employment and Housing Act. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock UnitsStock, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliatesaffiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliatesaffiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliatesaffiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) acknowledges that he has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 twenty-one (21) days to consider this waiver and release; and (c) may revoke this waiver and release within seven (7) days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-seven (7) day period. If In the event that the waiver and release is revoked during such seven-seven (7) day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates affiliates and their respective directors, officers, shareholdersstockholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliatesaffiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliatesaffiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliatesaffiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) acknowledges that he has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 twenty-one (21) days to consider this waiver and release; and (c) may revoke this waiver and release within seven (7) days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxx Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-seven (7) day period. If In the event that the waiver and release is revoked during such seven-seven (7) day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for (a) Employee acknowledges that there are various state, local and federal laws that prohibit, among other things, employment discrimination on the granting basis of age, sex, race, color, national origin, religion, disability, sexual orientation or veteran status and that these laws are enforced through the Equal Employment Opportunity Commission, Department of Labor and State or Local Human Rights agencies. Such laws include, without limitation, Title VII of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement Civil Rights Act of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under 1964; the Age Discrimination in Employment Act of 1967("ADEA"); the Americans with Disabilities Act ("ADA"); the Employee Retirement Income Security Act ("ERISA"); 42 U.S.C. Section 1981; the California Fair Employment and Housing Act, etc., as each may have been amended, and other state and local human or civil rights laws as well as other statutes which regulate employment; and the common law of contracts and torts. The Employee hereby waives and releases any rights he may have under these or any other laws with respect to his employment under the Original Employment Agreement (and the termination thereof) and acknowledges that the Employee Company has not (a) has been advised discriminated against him, including on the basis of age, (b) breached any contract with him, (c) committed any civil wrong (tort) against him, or (d) otherwise acted unlawfully toward him. Employee also waives any right to consult become, and promises not to consent to become, a member of any class in a case in which claims are asserted against any Releasee (as defined in Section 13(b) hereof) that are related in any way to his employment under the Original Employment Agreement (and the termination thereof), and that involve events which have occurred as of the date of this Agreement (defined to mean the date on which Employee signs this Agreement). If Employee, without his prior knowledge and consent, is made a member of a class in any proceeding, he will opt out of the class at the first opportunity afforded to him after learning of his inclusion. In this regard, Employee agrees that he will execute, without objection or delay, an attorney "opt-out" form presented to him either by the court in connection which such proceeding is pending or by counsel for any Releasee who is made a defendant in any such proceeding. (b) Employee, on behalf of himself and his heirs, executors, administrators, successors and assigns, hereby unconditionally releases and discharges the Company, and its subsidiaries, successors, assigns, affiliates, shareholders, directors, officers, representatives, agents and employees as well as any benefit plan and its fiduciaries and insurors (collectively "Releasees" and individually "Releasee") from all known and unknown claims (including claims for attorneys' fees and costs), charges, actions and causes of action, demands, damages, and liabilities of any kind or character, in law or equity, suspected or unsuspected, past or present, that he ever had, may now have, or may later assert against any Releasee, arising out of or related to his employment with entering into the Company prior to the Effective Date, including but not limited to severance or other claims arising under the Original Employment Agreement or as a result of Employee's change in position with the Company pursuant to this Agreement and any other claims against the Company other than claims arising pursuant to the terms of this Agreement after the Effective Date. To the fullest extent permitted by law, this release includes, but is not limited to: (a) claims arising under the ADEA, the Older Workers Benefit Protection Act, the Workers' Adjustment and Retraining Notification Act, the ERISA, the Family and Medical Leave Act of 1993, the ADA, the California Fair Employment and Housing Act, and any other federal, state, or local law prohibiting age, race, color, gender, creed, religion, sexual preference/orientation, marital status, national origin, mental or physical disability, veteran status, or any other form of unlawful discrimination or claim with respect to or arising out of Employee's employment with the Company or this Agreement; (b) has 21 days claims (whether based on common law or otherwise) arising out of or related to consider this waiver and releaseany contract (whether express or implied); (c) claims under any federal, state or local constitutions, statutes, rules or regulations; (d) claims (whether based on common law or otherwise) arising out of any kind of tortious conduct (whether intentional or otherwise) including but not limited to, wrongful termination, defamation, violation of public policy; and (ce) may revoke this waiver and release within seven days of execution upon written notice claims included in, related to, or which could have been included in any presently pending federal, state or local lawsuit filed by Employee or on his behalf against any Releasee, which Employee agrees to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000immediately dismiss with prejudice. The waiver and release will not become enforceable until the expiration Section 1542 of the seven-day period. If Civil Code of the waiver State of California states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of all Releasees with respect to claims in California as well as all other jurisdictions, Employee expressly acknowledges that this Release is revoked during such seven-day periodintended to include not only claims that are known, the grant shall be void anticipated or disclosed, but also claims that are unknown, unanticipated and of no further effectundisclosed.

Waiver and Release. In (a) For and in consideration for the granting of the Restricted Stock UnitsPayment, the Employee New Payment Amount and other good and valuable consideration, (i) Old IE hereby waives any and all claims whether known or unknown prior defaults under the Purchase Note and (ii) each of the Khokhas hereby waives any and all defaults under the Noncompetition Agreement. Each of the Khokhas hereby agrees that payment of the Employee may have against New Payment Amount to Surexxxx Xxxxxx xx accordance with the Company terms set forth herein shall fully satisfy all payment obligations of New IE to each of such parties under the S. Kxxxxx Xxxloyment Agreement and its Subsidiaries the Noncompetition Agreement. (b) For and Affiliates in consideration of the Payment, the New Payment Amount and other good and valuable consideration, Old IE and each of the Khokhas does hereby release and forever discharge and acquit New IE and Celebrity and each of their respective successors and assigns, its directors, officers, shareholdersagents, agents employees, legal representatives and any affiliated corporations, their directors, officers, agents, employees and legal representatives, from any and all causes of action, suits, liabilities, damages, demands and claims of any nature whatsoever, whether in law or employees equity, whether known or unknown, and any and all rights, duties, liabilities and obligations, whether presently enforceable or enforceable in the future, by reason of any matter or cause arising out of, in connection with or related from the beginning of time to the Employee’s employment, except for (1) claims date of this Agreement and hereafter under this the Noncompetition Agreement, the Employment Agreements, the Consignment Agreement, the Purchase Note and the Purchase Agreement dated February 7, 1995 (2the "Purchase Agreement") claims that arise after among New IE, Celebrity, Old IE and the date hereof and obligations that by their terms are to be performed after the date hereofKhokhas. In particular, (3i) Old IE releases all claims for compensation or benefits under any compensation or benefit plan or arrangement relating to (a) all sales of Stored Goods (as defined in the Company and its Subsidiaries and Affiliates, (4Consignment Agreement) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee Consignment Agreement and (b) claims under the Purchase Note; (ii) each of Surexxxx Xxxxxx xxx Meenx Xxxxxx xxxeases all claims relating to claims for expenses in connection with the Employment Agreements; and (iii) each of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes Khokhas releases all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Noncompetition Agreement; (b) has 21 days to consider this waiver and release; and . (c) may revoke this waiver For and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration in consideration of the seven-day period. If terms hereof, New IE and Celebrity hereby release and forever discharge Old IE and the waiver Khokhas and each of their respective successors, assigns, agents and legal representatives and affiliated persons from any and all causes of action, suits, liabilities, damages, demands and claims of any nature whatsoever, whether in law or equity, whether known or unknown, and any and all rights, duties, liabilities and obligations, whether presently enforceable or enforceable in the future, by reason of any matter or cause arising from the beginning of time to the date of this Agreement and hereafter under the Noncompetition Agreement (except with respect to future breaches if the Noncompetition Agreement is in effect at such time of breach), the Employment Agreements (except with respect to future breaches if the Employments Agreements are in effect at such time of breach), the Consignment Agreement and the Purchase Agreement, except to the extent set forth in Section 8.06(i) and Section 8.06(ii) of the Purchase Agreement. (d) This release is revoked during such seven-day periodintended to cover all claims of all types, whether arising under common law, or the grant shall statutes or regulations of the State of Texas, of any other state, or of the United States or any foreign country. This is to be void and construed as the broadest possible type of no further effectgeneral release, including without limitation admiralty, antitrust, commission, compensation, copyright, contract, patent, regulatory, royalty, securities, statutory, tort, trespass, warranty, or any other claims.

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.. 883468v1 (US – 2/15) 5

Waiver and Release. In consideration for Subject to the granting last sentence of the Restricted Stock Unitsfirst paragraph of this Section 2, Flight Attendant, on his or her own behalf and on behalf of his or her heirs, executors, administrators, attorneys and assigns, hereby unconditionally and irrevocably releases, waives and forever discharges the Company, the Employee hereby waives Union and each of the Company’s and the Union’s affiliates, parents, successors, predecessors, and the subsidiaries, directors, owners, members, shareholders, officers, agents, and employees of the Company, the Union and the Company’s and the Union’s affiliates, parents, successors, predecessors, and subsidiaries (collectively, all of the foregoing are referred to as the “Released Parties”), from any and all causes of action, claims and damages, including attorneys’ fees, whether known or unknown, foreseen or unforeseen, presently asserted or otherwise arising through the date of his or her signing of this Release, concerning arising out of or in connection with the Equity Participation, Section 24A of the CBA, the Equity Participation Amount and Flight Attendant’s allocation of the Individual Equity Participation Amount, including, without limitation, any claim arising under any federal, state or local laws, ordinances or regulations and any claim arising under any common law principle or public policy, including, without limitation, all suits in tort or contract. Notwithstanding any other provision of this Release to the contrary, this Release is contingent upon the Company paying Flight Attendant the Individual Equity Participation Amount in accordance with the terms of the LOA and does not encompass, and Flight Attendant does not release, waive or discharge, the obligations of the Company to pay the Individual Equity Participation Amount. Flight Attendant understands that by signing this Release, he or she is not waiving any claims or administrative charges which cannot be waived by law or any claims that accrue in the future. He or she is waiving, however, any right to monetary recovery or individual relief should any federal, state or local agency pursue any claim on his or her behalf arising out of or related to the Equity Participation, Section 24A of the CBA, the Equity Participation Amount and the Individual Equity Participation Amount. Flight Attendant further agrees without any reservation whatsoever, never to commence a legal action or xxx the Released Parties or become a party to a lawsuit on the basis of any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar type released in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effectRelease.

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliatesaffiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliatesaffiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliatesaffiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) acknowledges that he has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 twenty-one (21) days to consider this waiver and release; and (c) may revoke this waiver and release within seven (7) days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxx Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-seven (7) day period. If In the event that the waiver and release is revoked during such seven-seven (7) day period, the grant shall be void and of no further effect.

Waiver and Release. (a) In consideration exchange for the granting of the Restricted Stock Unitspromises made to him under this Separation Agreement, the Employee hereby waives any Xxxxxxxx completely waives, releases and all claims whether known or unknown that the Employee may have against the Company forever discharges PhotoMedex, its past, present and its Subsidiaries future successors and Affiliates and their respective directorsassigns, officers, shareholdersdirectors, agents or employees arising out ofpartners, in connection with or related to the Employee’s employmentagents, except for associates and employees, from all claims, damages (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to general, special, punitive, liquidated and compensatory damages) and causes of action of every kind, nature and character, known or unknown, in law or equity, fixed or contingent, which he may now have, or he ever had arising from or in any way connected with his employment relationship or the termination of his employment with PhotoMedex or any other matter occurring at any time in the past up to and including the date of this Agreement or involving any continuing effects of any acts or practices which may have arisen or occurred prior to the date of this Agreement. This release includes but is not limited to: any claims of unpaid compensation; all "wrongful discharge" claims; all claims relating to any contracts of employment express or implied; any covenant of good faith and fair dealing express or implied; any tort of any nature; any federal, state, or municipal statute or ordinance; any claims for employment discrimination, including sexual harassment, Pennsylvania Human Relations Act, 43 P.S. Section 1542 951 et seq., Title VII of the California Civil Code)Rights Act of 1964, which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under amended, the Age Discrimination in Employment Act ("ADEA"), the Older Workers Benefit Protection Act, 42 U.S.C. Section 1981, the Worker Adjustment and Retraining Notification Act, and any other federal, state, or municipal laws, ordinances and regulations relating to employment, and any and all claims for attorney's fees and costs. Xxxxxxxx understands that this release does not apply to any claims arising under the ADEA after the Effective Date of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; . (b) Xxxxxxxx acknowledges hereby that he understands that, since he is aged 40 or older, he has no fewer than 21 days from the date he has received this Agreement to consider and sign this waiver and release; and (c) may Agreement. Xxxxxxxx also understands that, as he is aged 40 or older, he has seven days to revoke this waiver Agreement after he signs it. Xxxxxxxx understands that any such revocation must be in writing and release within seven days must be received by PhotoMedex's Corporate Counsel at 000 Xxxxxxxx Xxxxx, Xxxxxxxxxxxxxxx, XX 00000 no later than 5 p.m. on the last day of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000the applicable revocation period. The waiver and release will not become enforceable until Effective Date of this Agreement is the expiration of day after the seven-day periodrevocation period ends. If Xxxxxxxx understands that he will not receive the waiver benefits and release is privileges of this Agreement sooner than the Effective Date and then only if he has not revoked during such seven-day periodthis Agreement pursuant to this Section 5. (c) Except as to rights provided under this Agreement, Xxxxxxxx acknowledges that the grant shall be void benefits inuring to him under this Separation Agreement are provided to him in full and complete satisfaction and discharge of no further effectany and all obligations that PhotoMedex has or may have to him as an employee and that he has been paid all the salary, bonuses, benefits and other compensation that are due to him.

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.. 883467v1 (US – 2/15) 5

Waiver and Release. In consideration for Effective immediately upon the granting of the Restricted Stock UnitsClosing, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company Shareholder, on behalf of itself and its Subsidiaries and Affiliates and their respective directorsrepresentatives, and each of their respective successors and assigns (each a “Shareholder Releasor”), hereby irrevocably releases, waives, acquits and forever discharges, to the fullest extent permitted by Law, the Company and each of its respective present and future subsidiaries, Affiliates, representatives, direct and indirect equity holders, officers, shareholdersdirectors and employees (each, agents or employees a “Releasee”) of, from and against any and all proceedings, rights, and causes of action arising out ofof (i) the Shareholder’s direct or indirect ownership of equity interests in the Company or the Shareholder’s capacity as an equityholder of the Company, in each case, on or prior to the Closing, including any right with respect to redemption pursuant to Schedule A, Section 7 of the Fifth Amended and Restated Memorandum and Articles of Association of the Company, whether or not such right has been exercised, including any right with respect to any payment following the exercise of the redemption right by such Shareholder and (ii) the management or operation of the businesses of the Company relating to any matter, occurrence, action or activity on, or prior to, the Closing Date (collectively, “Shareholder Claims”); provided, that nothing contained in this paragraph shall extend to any claims, rights, proceedings, liabilities, obligations, causes of action or losses in connection with or related to (i) Article 124 of the Employee’s employmentFifth Amended and Restated Memorandum and Articles of Association of the Company, except for (1ii) claims any representations, warranties, obligations, covenants, agreements and liabilities under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation Agreement or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions other agreement entered into in connection with the Employee’s service as a director, officer or employee of Business Combination Agreement which survives the Closing and any obligations to make any payment to the Shareholder under such agreements and (iii) any employment agreement for individuals continuing to be employed by the Company Surviving Subsidiary or any of its Subsidiaries following the Closing, or any rights to compensation that the Shareholder (who is a natural person) may be entitled to under employment or other service agreements entered into (or compensation or benefit plans, programs or policies of) with any Target Company in the ordinary course of business. Each Shareholder Releasor shall not, and Affiliatesshall cause its equity holders, (5) claims for insurance coverage under directors’ subsidiaries, Affiliates and officers’ liability insurance policies maintained by representatives, and each of their respective successors and assigns, not to, assert any Shareholder Claim against any of the Company or Releasees that is released pursuant to this section. Notwithstanding the foregoing, no Shareholder Releasor releases any of its Subsidiaries express rights under the Business Combination Agreement or any other Ancillary Document. This release is intended to be a complete and general release with respect to the Shareholder Claims, and specifically includes claims that are known, unknown, fixed, contingent or conditional arising on or prior to the Closing. Subject to the reservation of rights and the limitation of the scope of the claims released hereunder, each of the Shareholder Releasors for itself and for its respective subsidiaries, Affiliates, representatives, direct and indirect equityholders, parent companies, managers, officers and directors, and each of their respective successors and assigns, expressly acknowledges that with respect to the release of known or (6) any right unknown Shareholder Claims, each Shareholder Releasor is aware that it may hereafter discover facts in addition to or different from those which it now knows or believes to be true with respect to the Employee may have to obtain contribution subject matter in this section, and the event of releases herein are binding and effective notwithstanding the entry of judgment against the Company as a result discovery or existence of any act such additional or failure to act for which both the Employee different facts. Each Shareholder Releasor expressly waives and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives relinquishes any and all claims, rights or benefits that it may have under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code)Code Section 1542, and any similar provision in any other jurisdiction, which is substantially similar in wording or effect provides as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.:

Waiver and Release. In consideration exchange for the granting payment to me of a severance payment and certain other consideration (the "Benefits") pursuant to that certain letter agreement between Reliant Resources, Inc. (the "Company") and me dated as of May 15, 2002 (the "Agreement"), which are in addition to any remuneration or benefits to which I am already entitled, I agree not to sue and to release and forever discharge the Company and all of its parents, subsidiaries, affiliates and unincorporated divisions, and its respective officers, directors, agents, servants, employees, successors, assigns, insurers, employee benefit plans and fiduciaries, and agents of any of the Restricted Stock Unitsforegoing (collectively, the Employee hereby waives "Corporate Group"), and any and all other persons, firms, organizations, and corporations, from any and all damages, losses, causes of action, expenses, demands, liabilities, and claims on behalf of myself, my heirs, executors, administrators, and assigns with respect to all matters relating to or arising out of my employment with or separation from any member of the Corporate Group, other than claims arising under the Agreement, under any employee benefit plan or claims for indemnity arising as a result of my being an officer of the Company. The release does not apply to claims or causes of action accruing after the date hereof. I ACKNOWLEDGE THAT SIGNING THIS WAIVER AND RELEASE IS AN IMPORTANT LEGAL ACT AND THAT I HAVE BEEN ADVISED IN WRITING TO CONSULT AN ATTORNEY PRIOR TO EXECUTION. I ALSO UNDERSTAND THAT, IN ORDER TO BE ELIGIBLE FOR BENEFITS UNDER THE AGREEMENT, I MUST SIGN AND RETURN THIS WAIVER AND RELEASE TO HUGH RICE KELLY. I ACKNOWLEDGE THAT I HAVE BEEN GIVEN AT LEAST 21 DAYX XX XXXXIXXX XHETHER TO EXECUTE THIS WAIVER AND RELEASE. In exchange for the payment to me of Benefits pursuant to the Agreement, which is in addition to any remuneration or benefits to which I am already entitled, (1) I agree not to sue in any local, state and/or federal court regarding or relating in any way to my employment with or separation from any member of the Corporate Group, and (2) I knowingly and voluntarily waive all claims and release the Corporate Group from any and all claims, demands, actions, liabilities, and damages, whether known or unknown unknown, arising out of or relating in any way to my employment with or separation from any member of the Corporate Group, except to the extent that my rights are vested under the Employee may have against terms of employee benefit plans sponsored by the Corporate Group rights described in the Agreement, claims for indemnity from the Company arising as a result of being an officer of the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents except with respect to such rights or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that as may arise after the date hereof this Waiver and obligations that by their terms are to be performed after the date hereofRelease is executed. This Waiver and Release includes, (3) but is not limited to, claims for compensation or benefits under any compensation or benefit plan or arrangement and causes of action under: Title VII of the Company and its Subsidiaries and AffiliatesCivil Rights Act of 1964, as amended (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code"Title VII"), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under ; the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that , including the Older Workers Benefit Protection Act of 1990 ("ADEA"); the Civil Rights Act of 1866, as amended; the Civil Rights Act of 1991; the Americans with Disabilities Act of 1990 ("ADA"); the Energy Reorganization Act, as amended, 42 U.S.C. Section 5851; the Workers Adjustment and Retraining Notification Act of 1988; the Pregnancy Discrimination Act of 1978; the Employee (a) has been advised to consult an attorney Retirement Income Security Act of 1974, as amended; the Family and Medical Leave Act of 1993; the Fair Labor Standards Act; the Occupational Safety and Health Act; the Texas Labor Code Section 21.001 et. seq.; the Texas Labor Code; claims in connection with entering into workers' compensation or "whistle blower" statutes; and/or contract, tort, defamation, slander, wrongful termination or any other state or federal regulatory, statutory or common law. Further, I expressly represent that no promise or agreement which is not expressed in the Agreement or this Agreement; (b) Waiver and Release has 21 days been made to consider me in executing this waiver Waiver and release; Release, and (c) may revoke that I am relying on my own judgment in executing this waiver Waiver and release within seven days Release, and that I am not relying on any statement or representation of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration any member of the seven-day periodCorporate Group or any of their agents. If I agree that this Waiver and Release is valid, fair, adequate and reasonable, is with my full knowledge and consent, was not procured through fraud, duress or mistake and has not had the waiver effect of misleading, misinforming or failing to inform me. I acknowledge and release is revoked during such seven-day period, agree that the grant shall be void and of no further effectCorporate Group will withhold any taxes required by federal or state law from the Benefits otherwise payable to me.

Waiver and Release. In consideration for the granting of the Restricted Stock Performance Share Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.. 883057v1 (US – 2/15) 7

Waiver and Release. In consideration for a. Xxxxxxxx expressly acknowledges and agrees that: (a) neither this Agreement nor the granting of the Restricted Stock Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as Parties’ performance hereunder constitutes a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained termination without “Cause” by the Company or “Good Reason” by Bxxxxxxx under any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee agreement between Bxxxxxxx and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 5.3 or Section 6(a) of the California Civil Code), which is substantially similar in wording Employment Agreement) or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised any Company policy or plan applicable to consult an attorney in connection with entering into this AgreementBxxxxxxx; (b) has 21 days Bxxxxxxx expressly waives and releases any right or claim by Bxxxxxxx or on Bxxxxxxx’x behalf that this Agreement or the Parties’ performance hereunder: (i) constitutes a termination without “Cause” by the Company or “Good Reason” by Bxxxxxxx under any agreement between Bxxxxxxx and the Company or any other Company policy or plan, or (ii) entitles Bxxxxxxx to consider this waiver any form of severance payment or benefit under any agreement between Bxxxxxxx and releasethe Company (including but not limited to the payments and benefits described in Sections 8 or 9 of the Employment Agreement) or any other Company policy or plan (collectively, “Severance Compensation”); and (c) may revoke this Bxxxxxxx’x waiver and release within seven days of execution upon written notice described in the preceding subsection (b) constitutes an appropriate waiver and/or modification by the Party entitled to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration benefits of the seven-day periodwaived term or provision, as permitted by Section 13.7 of the Employment Agreement. If This release includes waivable claims relating to the waiver Severance Compensation under state or federal law relating to wage payments, and under state or federal common law (e.g., breach of express or implied contract, promissory estoppel, unjust enrichment, breach of a covenant of good faith and fair dealing, violation of public policy, misrepresentation, deceit or fraud), but excludes any claims that Bxxxxxxx cannot waive by operation of law, and any claims related to a breach of this Agreement. b. The Company’s obligation to provide the payments set forth in Section 2(d), is subject to the Bxxxxxxx’x execution without revocation of a valid release is revoked during such seven-day period, in substantially the grant shall be void and of no further effectform attached to this Agreement as Exhibit A (the “Release”).

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby (a) Each Investor expressly forfeits and waives any and all claims whether known anti-dilution and piggyback registration rights under any and all Prior Transaction Documents or unknown that otherwise applicable to the Employee Preferred Stock, including any anti-dilution rights such Investor may have against with respect to the issuances of any capital stock or other securities of the Company pursuant to previous transactions and its Subsidiaries pursuant to this Agreement. (b) Each Investor unconditionally, irrevocably and Affiliates absolutely releases and their respective directorsdischarges the Company, and any parent and subsidiary corporations, divisions and affiliated corporations, partnerships or other entities of the Company, past and present, as well as the Company’s past and present employees, officers, directors, agents, principals, shareholders, agents or employees arising out ofsuccessors and assigns from all claims, in connection with or losses, demands, interests, causes of action, suits, debts, controversies, liabilities, costs, expenses and damages related to the Employee’s employmentwaiver of anti-dilution and piggyback registration rights above, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are any security interest pursuant to be performed after the date hereof, (3) claims for compensation any Prior Transaction Documents or benefits under otherwise over any compensation or benefit plan or arrangement collateral of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or AffiliatesCompany, or (6) related in any right the Employee way to any rights such Investor may have to obtain contribution in the event equity or debt securities of the entry of judgment against Company, other than as set forth on the Company as a result of schedules hereto. This release includes, but is not limited to, any act tort, contract, common law, constitution or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state other statutory claims (expressly including but not limited to Section 1542 of the California Civil Codeany claims for attorneys’ fees, costs and expenses), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and . (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration Each of the seven-day period. If Investors and the waiver Company expressly waives such Investor’s or Company’s (as applicable) right to recovery of any type, including damages or reinstatement, in any administrative court or action, whether state or federal, and whether brought by such Investor or Company or on such Investor’s or Company’s (as applicable) behalf, related in any way to the matters released herein. (d) Each of the Investors and the Company acknowledges that it may discover facts or law different from, or in addition to, the facts or law that it knows or believes to be true with respect to the claims released in this Agreement and agrees, nonetheless, that this Agreement and the release contained in it shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. (e) Each of the Investors and the Company declares and represents that it intends this Agreement to be complete and not subject to any claim of mistake, and that the release of the claims described herein expresses a full and complete release and it intends the release of such claims to be final and complete. (f) The parties acknowledge that this release is revoked during such seven-day periodnot intended to bar any claims that, the grant shall by statute, may not be void and of no further effectwaived.

Waiver and Release. In consideration for the granting of the Restricted Stock Cash Incentive Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible, or (7) claims under the California Fair Employment and Housing Act. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. 3.1 In consideration exchange for the granting consideration described in Section 2 above, Xx. Xxxxx unconditionally, irrevocably and absolutely releases and discharges Anadys, and any parent and subsidiary corporations, divisions and affiliated corporations, partnerships or other affiliated entities of the Restricted Stock UnitsAnadys, the Employee hereby waives past and present, as well as Anadys’ employees, officers, directors, agents, insurers, attorneys, predecessors, successors and assigns (collectively, “Released Parties”), from any and all claims whether claims, liabilities and obligations (excluding indemnification obligations pursuant to Anadys’ certificate of incorporation and bylaws or that certain Indemnity Agreement, dated November 20, 2006, by and between Xx. Xxxxx and Anadys, and excluding rights under Anadys’ directors and officers insurance policies) both known or unknown unknown, that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents arise out of or employees arising out of, are related in connection with or related any way to the Employee’s employmentevents, except for acts, conduct, omissions, transactions or occurrences occurring prior to Xx. Xxxxx signing this Separation Agreement and Release, to the fullest extent permitted by law, including, but not limited to: (1) all claims under this Agreement, arising out of or in any way related to Xx. Xxxxx’x employment with Anadys or the termination of that employment; (2) all claims that arise after related to Xx. Xxxxx’x compensation or benefits from Anadys, including, but not limited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the date hereof and obligations that by their terms are to be performed after the date hereof, Company; (3) all claims for compensation or benefits under any compensation or benefit plan or arrangement breach of contract, wrongful termination, and breach of the Company implied covenant of good faith and its Subsidiaries and Affiliates, fair dealing; (4) all tort claims, including, but not limited to, claims for indemnification respecting acts or omissions fraud, defamation, emotional distress, and discharge in connection with the Employee’s service as a director, officer or employee violation of the Company or any of its Subsidiaries public policy; and Affiliates, (5) claims for insurance coverage under directors’ all federal, state, and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliateslocal statutory claims, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including including, but not limited to Section 1542 to, claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of the California Civil Code1964 (as amended), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the federal Americans with Disabilities Act of 1990, the federal Age Discrimination in Employment Act of 1967, 1967 (as amended. The Employee acknowledges that ) (“ADEA”), and the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, California Fair Employment and LaborHousing Act (as amended); provided, Law Departmenthowever, Unum Groupthat with respect to Anadys’ agents, 0 Xxxxxxxx Xxxxxxinsurers and attorneys, Xxxxxxxxxxxthe release in this Section 3.1 shall be limited to claims, Xxxxxxxxx 00000liabilities and obligations that arose out of or are connected to Xx. The waiver and release will not become enforceable until the expiration of the seven-day periodXxxxx’x employment with Anadys. If In further consideration for Xx. Xxxxx’x agreement to the waiver and release is revoked during such seven-day periodterms of this Separation Agreement and Release, the grant shall be void Company unconditionally, irrevocably and absolutely releases and forever discharges Xx. Xxxxx from any and all claims, demands, grievances, causes of no further effectaction, suits of any kind, liabilities and obligations, both known or unknown, arising out of, or in any way connected with, the dealings between the parties to date, including Xx. Xxxxx’x employment relationship and its termination and any and all tort claims related thereto.

Waiver and Release. In consideration for the granting of the Restricted Stock Performance Share Units, the Employee hereby waives any and all claims whether known or unknown that the Employee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s 's employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s 's service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ ' and officers’ ' liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock UnitsOption, the Employee Optionee hereby waives any and all claims whether known or unknown that the Employee Optionee may have against the Company and its Subsidiaries and Affiliates and their respective directors, officers, shareholders, agents or employees arising out of, in connection with or related to the Employee’s Optionee's employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s Optionee's service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ ' and officers’ ' liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee Optionee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee Optionee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee Optionee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee Optionee acknowledges that the Employee Optionee (a) has been advised to consult an attorney in connection with entering into this Option Agreement; (b) has 21 days to consider this waiver and release; and (c) may revoke this waiver and release within seven seven-days of execution upon written notice to Legal Counsel, Employment and LaborAttn: Corporate Secretary, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration of the seven-day period. If the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effect.

Waiver and Release. In consideration for the granting of the Restricted Stock Units, the Employee hereby (a) Each Investor expressly forfeits and waives any and all claims whether known anti-dilution and piggyback registration rights under any and all Prior Transaction Documents or unknown that otherwise applicable to the Employee Preferred Stock, including any anti-dilution rights such Investor may have against with respect to the issuances of any capital stock or other securities of the Company pursuant to previous transactions and its Subsidiaries pursuant to this Agreement. (b) Each Investor unconditionally, irrevocably and Affiliates absolutely releases and their respective directorsdischarges the Company, and any parent and subsidiary corporations, divisions and affiliated corporations, partnerships or other entities of the Company, past and present, as well as the Company's past and present employees, officers, directors, agents, principals, shareholders, agents or employees arising out ofsuccessors and assigns from all claims, in connection with or losses, demands, interests, causes of action, suits, debts, controversies, liabilities, costs, expenses and damages related to the Employee’s employmentwaiver of anti-dilution and piggyback registration rights above, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are any security interest pursuant to be performed after the date hereof, (3) claims for compensation any Prior Transaction Documents or benefits under otherwise over any compensation or benefit plan or arrangement collateral of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or AffiliatesCompany, or (6) related in any right the Employee way to any rights such Investor may have to obtain contribution in the event equity or debt securities of the entry of judgment against Company, other than as set forth on the Company as a result of schedules hereto. This release includes, but is not limited to, any act tort, contract, common law, constitution or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state other statutory claims (expressly including but not limited to Section 1542 of the California Civil Codeany claims for attorneys' fees, costs and expenses), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee (a) has been advised to consult an attorney in connection with entering into this Agreement; (b) has 21 days to consider this waiver and release; and . (c) may revoke this waiver and release within seven days of execution upon written notice to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the expiration Each of the seven-day period. If Investors and the waiver Company expressly waives such Investor's or Company's (as applicable) right to recovery of any type, including damages or reinstatement, in any administrative court or action, whether state or federal, and whether brought by such Investor or Company or on such Investor's or Company's (as applicable) behalf, related in any way to the matters released herein. (d) Each of the Investors and the Company acknowledges that it may discover facts or law different from, or in addition to, the facts or law that it knows or believes to be true with respect to the claims released in this Agreement and agrees, nonetheless, that this Agreement and the release contained in it shall be and remain effective in all respects notwithstanding such different or additional facts or the discovery of them. (e) Each of the Investors and the Company declares and represents that it intends this Agreement to be complete and not subject to any claim of mistake, and that the release of the claims described herein expresses a full and complete release and it intends the release of such claims to be final and complete. (f) The parties acknowledge that this release is revoked during such seven-day periodnot intended to bar any claims that, the grant shall by statute, may not be void and of no further effectwaived.

Waiver and Release. In consideration for the granting of the Restricted Stock Unitsbenefits ------------------ outlined above, the Employee Nichols, on behalf of himself, his heirs, assigns and lxxxx xxpresentatives, hereby waives any releases and all claims whether known or unknown that the Employee may have against forever discharges the Company and its Subsidiaries and Affiliates and their respective officers, directors, officers, shareholders, agents or insurers and employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or employee benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company or any of its Subsidiaries or Affiliates, or (6) any right the Employee may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure to act for which both the Employee and the Company or any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives plans from any and all rights claims, demands, damages, causes of action or suits of whatever type under the laws of any state (expressly including state, federal or local laws, including, but not limited to, the Age Discrimination in Employment Act and other laws prohibiting employment discrimination, as well as claims at common law or equity and in contract or in tort and whether known or unknown, that Nichols may have, has had or may acquire of whatever naxxxx xxom the beginning of time to Section 1542 the date of this Agreement or through the end of the California Civil Code)period of Consultancy based upon any known or unknown fact, condition or incident occurring through the date of this Agreement or the end of the period of Consultancy including any fact or event related to Nichols' employment or separation from employment with xxx Xxxpany. Nichols agrees not to make any claim for damages or perxxxxx xecovery by administrative charge, lawsuit or other proceeding related to any of the above and will not seek or accept money damages or personal relief upon the filing of any administrative claim or judicial charge or claims. If any party brings any claim or action which is substantially similar contrary to the above release, then the party defendant to that action shall be entitled to reimbursement for costs and attorneys' fees incurred in wording or effect as follows: the defense thereof. This waiver specifically includes release does not discharge the Company from obligations that it otherwise has under this Agreement and the Company's employee benefit and compensation plans for benefits accrued to Nichols. Nichols acknowledges that by signing thix Xxxxxment, he xxxxxx all claims arising under the Age Discrimination in Employment Act of 1967, as amended. The Employee acknowledges that the Employee 1967 (ADEA) and that: (a) This waiver of ADEA rights does not waive any ADEA rights and claims which arise after the date of this Agreement and this waiver is given in exchange for payment of sums and the Consultancy, which are more than Nichols is otherwise entitled to receive; (b) Xxxxoyee has been advised to consult an attorney in connection with entering into before signing this Agreement; Agreement and has twenty-one (b21) has 21 days to consider this waiver and release; and it which period commenced on October 30, 1998; (c) If Nichols executes this Agreement, it will not become effxxxxxx for seven (7) days thereafter. During this seven (7) day period, he may revoke this release and waiver and release within seven days provided he submits written notification of execution upon written notice such revocation to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until the undersigned prior to the expiration of the seven-day revocation period. If the waiver and release is revoked Nichols revokes this Agreement during such seven-day that period, the grant shall then xxx Xxmpany has no duty to pay any sums or provide any benefits described herein except for amounts which would be void and payable under plans or programs by their terms without consideration of no further effectthis Agreement.

Waiver and Release. (a) In consideration for the granting of the Restricted Stock Unitshis engagement hereunder, the Employee Mr. Murrie hereby waives any and all claims whether known or unknown that the Employee may have against releases the Company from liability for xxx xxxxxs and its Subsidiaries and Affiliates and their respective directorsclaims, officerswhether or not they are presently known to exist, shareholders, agents or employees arising out of, in connection with or related to the Employee’s employment, except for (1) claims under this Agreement, (2) claims that arise after the date hereof and obligations that by their terms are to be performed after the date hereof, (3) claims for compensation or benefits under any compensation or benefit plan or arrangement of the Company and its Subsidiaries and Affiliates, (4) claims for indemnification respecting acts or omissions in connection with the Employee’s service as a director, officer or employee of Mr. Murrie has against the Company or any of its Subsidiaries and Affiliates, (5) claims for insurance coverage under directors’ and officers’ liability insurance policies maintained by the Company subsidiaries relatixx xx xxx way to Mr. Murrie's employment or any of its Subsidiaries or Affiliates, or (6) any right the Employee separation from employment with Healthcarx.xxx xx xxx Company. This release shall not be deemed a rexxxxx xx xxx xlaim that Mr. Murrie may have to obtain contribution in the event of the entry of judgment against the Company as a result of any act or failure arising out the Company's brxxxx xx xxis Agreement. The rights and claims which Mr. Murrie waives and releases in this Agreement include, to act for which both every exxxxx xxxxwed by law, those arising under the Employee Retirement Income Security Act of 1974, the Civil Rights Acts of 1866, 1871, 1964 and 1991, the Fair Labor Standards Act, Rehabilitation Act of 1973, the Occupational Safety and Health Act, the Veterans' Reemployment Rights Act, the Uniformed Services Employment and Reemployment Rights Act of 1994 ("USERRA") and the Company or Americans With Disabilities Act. (b) Mr. Murrie also acknowledges that he is waiving and releasing any of its Subsidiaries or Affiliates are jointly responsible. The Employee waives any and all rights under the laws of any state (expressly including but not limited to Section 1542 of the California Civil Code), which is substantially similar in wording or effect as follows: This waiver specifically includes all claims rixxxx xx xxy have under the Age Discrimination in Employment Act of 1967, as amended1967 ("ADEA") and that this waiver and release is knowing and voluntary. The Employee further acknowledges that the Employee he has been advised by this writing that (a) has been advised to he should consult with an attorney in connection with entering into prior to executing this Agreement; (b) he has 21 at least twenty-one (21) days within which to consider this waiver and releaseAgreement; (c) he has seven (7) days following the execution of this Agreement by the parties to revoke the Agreement; and (d) this Agreement shall not be effective until the revocation period has expired. Any revocation should be in writing and delivered to Linda Wackwitz at the Company, at the address listed below, by close xx xxxxxxxx xn the seventh day from the date that Mr. Murrie signs this Agreement. (c) may revoke Mr. Murrie waives and xxxxxxxx all similar rights and claims under axx xxxxx xederal, state and local discrimination provisions and all other statutory and common law causes of action relating in any way to his employment or separation from employment with the Company, except for rights expressly set forth or reserved in this waiver and Agreement. This release within seven days of execution upon written notice does not in any way impair Mr. Murrie's right to Legal Counsel, Employment and Labor, Law Department, Unum Group, 0 Xxxxxxxx Xxxxxx, Xxxxxxxxxxx, Xxxxxxxxx 00000. The waiver and release will not become enforceable until be indemnified to the expiration fullest extent allowed bx xxx xx xxx Bylaws of the seven-day period. If Company for any acts or omissions relating to or arising out of his employment with the waiver and release is revoked during such seven-day period, the grant shall be void and of no further effectCompany.