Common use of Waiver; Release Clause in Contracts

Waiver; Release. A. Xxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the date this Agreement becomes effective. Dxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officers.

Waiver; Release. A. Xxxxx waives6.1 Each Vendor acknowledges and agrees that, releases from and after Completion, such Vendor shall have no rights with respect to his or her Relevant Shares or Relevant Existing Loans. The transactions contemplated hereby (including the payment and delivery of the Share Consideration and the Loan Consideration on the terms set forth herein) are intended by the parties to satisfy in full all obligations owed to the Vendors under the Camfaud Articles (including 30.3 thereof) and the Relevant Existing Loans arising in connection with the Master Merger Agreement. To the extent the purchase and sale of the Relevant Shares or Relevant Existing Loans or the other transactions contemplated hereby are inconsistent with, are prohibited by or constitute a variance from the terms of the Camfaud Articles, Relevant Existing Loans or any related documentation, the Vendors hereby waive any rights or claims relating to such inconsistency, prohibition or variance. In furtherance of the foregoing, and subject to the Completion and effective as of the Completion, each Vendor, on behalf of such Vendor and such Vendor’s successors, assigns, next-of-kin, representatives, administrators, executors, agents and any other person or entity claiming by, through, or under any of the foregoing, unconditionally and irrevocably releases, waives and forever discharges Quaker each of the Company, Purchaser or any of their respective Affiliates (including PGP) to the fullest extent permitted by law, any from any and all claims and liabilitiesclaims, demands, actions and damages, judgments, causes of action, including attorneys' fees action and costs and participation in a class action lawsuitliabilities of any nature whatsoever, whether known or unknownnot known, fixed suspected or contingentclaimed, that he arising directly or indirectly from any act, omission, event or transaction occurring (or any circumstances existing) on or prior to the Completion Date, but excluding Retained Claims (collectively, “Claims”), it may have or claim with respect to have against Quaker as its Relevant Shares and Relevant Existing Loans, including, without limitation, any Claims that the purchase and sale of the date Relevant Shares hereunder was not completed in accordance with the Camfaud Articles or that the purchase and sale of the Relevant Existing Loans was not completed in accordance with the terms of the Relevant Existing Loans. Notwithstanding the foregoing, nothing in this Agreement becomes effective. Dxxxx further covenants not to file a lawsuit Clause 6 shall relieve any person from any claim arising from or participate in a class action lawsuit to assert such claims. Without limitationconnection with this Agreement, Dxxxx specifically waives all claims for back paythe Put/Call Agreement, future pay or any other form of compensation agreement entered into by each Vendor in connection with his or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under her entry into this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage Vendors rights (if any) for active officersunder the UK Camfaud Acquisition Agreement or the UK Oxford Acquisition Agreement to any Contingent Deferred Consideration (as such term is defined in the UK Camfaud Acquisition Agreement and UK Oxford Acquisition Agreement) (collectively, “Retained Claims”).

Waiver; Release. A. Xxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he she may have or claim to have against Quaker as of the date this Agreement becomes effective. Dxxxx Axxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx Axxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Axxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx Axxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he she does not waive any rights he she may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he she waive his her right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officers.

Waiver; Release. A. Xxxxx waivesa. By signing this Agreement, releases you agree that in exchange for the payments and discharges Quaker other benefits and consideration contained in this Agreement to which you are not otherwise entitled, you, on behalf of your heirs, executors, administrators, trustees, legal representatives and assigns, forever release and discharge the Company Entities from any and all claims and liabilitiesclaims, actions, suits, demands, actions obligations, losses, liabilities, debts, obligations for damages (including but not limited to compensatory, exemplary and causes of actionpunitive damages), including expenses, back pay, reinstatement, attorneys' ’ fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as any of the Company Entities, arising up to and including the date you sign this Agreement becomes effective. Dxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitationAgreement, Dxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes including but is not limited to claims arising out of or in any way related to Dxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under following laws including any amendments to them: Title VII of the Civil Rights Act of 1964 (as amended) or 1964; the Civil Rights Act of 1991; the Equal Pay Act of 1963; the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act of 1990; the Americans with With Disabilities Act of 1990; the ADA Amendments Act; the Employee Retirement Income Security Act of 1974; the Worker Adjustment and Retraining Notification Act of 1988; the National Labor Relations Act; 42 U.S.C. 1981; the Family and Medical Leave Act of 1993; the Connecticut Fair Employment Practices Act; the Connecticut Family and Medical Leave Law; the Connecticut Age Discrimination and Employee Insurance Benefits Law; the Connecticut Smokers’ Rights Law; and any and all other claims arising under or out of any other federal, state, or local statute, law, constitution, ordinance or regulation or any other claims for breach of sounding in tort or contract, including but not limited to claims relating to express or implied contracts, public policy, negligence, personal injury, emotional distress, invasion of privacy, detrimental reliance, promissory estoppel, common law claims or any other claims arising out of or relating to your employment with the Company Entities. Specifically, and without limitation, you waive any rights that you may have under the Pitney Xxxxx Incentive Program, the XXXX, the Senior Executive Severance Policy and any other statutory incentive or common law cause of action under state, federal or local law. However, Dxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension severance plan, program, agreement or arrangement of the Program, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable lawCompany Entities, and Quaker covenants agree that no additional severance or other cash incentives or payments or benefits are owed to maintain directors and officers liability insurance coverage for Dxxxxyou, for actions or omissions while he was an officer, on the same terms except as it maintains such coverage (if any) for active officersprovided herein.

Waiver; Release. A. Xxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the date this Agreement becomes effective. Dxxxx Mxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx Mxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Mxxxx' employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx Mxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx Mxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for DxxxxMxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officers.

Waiver; Release. A. Xxxxx Xxxxxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the date of this Agreement becomes effectiveAgreement. Dxxxx Mxxxxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx Mxxxxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver waver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Mxxxxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx Mxxxxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have (as an employee on inactive status and/or until November 30, 1997 and as a former employee, as the case may be, employee thereafter) under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the SERP, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreementparagraph 9, such benefits shall continue to be governed by the separate ERISA plans, existing contracts and/or Quaker policies (except that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have the Restricted Share Award is hereby amended pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officersparagraph 1(C)).

Waiver; Release. A. Xxxxx waivesa. By signing this Agreement, releases you agree that in exchange for the payments and discharges Quaker other benefits and consideration contained in this Agreement to which you are not otherwise entitled, you, on behalf of your heirs, executors, administrators, trustees, legal representatives and assigns, forever release and discharge the Company Entities from any and all claims and liabilitiesclaims, actions, suits, demands, actions obligations, losses, liabilities, debts, obligations for damages (including but not limited to compensatory, exemplary and causes of actionpunitive damages), including expenses, back pay, reinstatement, attorneys' ’ fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as any of the Company Entities, arising up to and including the date you sign this Agreement becomes effective. Dxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitationAgreement, Dxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes including but is not limited to claims arising out of or in any way related to Dxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under following laws including any amendments to them: Title VII of the Civil Rights Act of 1964 (as amended) or 1964; the Civil Rights Act of 1991; the Equal Pay Act of 1963; the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act of 1990; the Americans with With Disabilities Act of 1990; the ADA Amendments Act; the Employee Retirement Income Security Act of 1974; the Worker Adjustment and Retraining Notification Act of 1988; the National Labor Relations Act; 42 U.S.C. 1981; the Family and Medical Leave Act of 1993; the Connecticut Fair Employment Practices Act; the Connecticut Family and Medical Leave Law; the Connecticut Age Discrimination and Employee Insurance Benefits Law; the Connecticut Smokers’ Rights Law; and any and all other claims arising under or out of any other federal, state, or local statute, law, constitution, ordinance or regulation or any other claims for breach of sounding in tort or contract, and including but not limited to claims relating to express or implied contracts, public policy, negligence, personal injury, emotional distress, invasion of privacy, detrimental reliance, promissory estoppel, common law claims or any other statutory or common law cause of action under state, federal or local law. However, Dxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise arising out of conduct or omissions which occur entirely after relating to your employment with the date this Agreement becomes effectiveCompany Entities. In additionSpecifically, he does not and without limitation, you waive any rights he that you may have as an employee on inactive status and/or as a former employee, as under the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Pitney Xxxxx Incentive Program, the Long Term Key Employee Incentive Plan of 1990Program, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable lawPitney Xxxxx Senior Executive Severance Policy, and Quaker covenants agree that no additional cash incentives or payments are owed to maintain directors and officers liability insurance coverage for Dxxxxyou, for actions or omissions while he was an officer, on the same terms except as it maintains such coverage (if any) for active officersprovided herein.

Waiver; Release. A. Xxxxx waivesa. By signing this Agreement, releases you agree that in exchange for the payments and discharges Quaker other benefits and consideration contained in this Agreement to which you are not otherwise entitled, you, on behalf of your heirs, executors, administrators, trustees, legal representatives and assigns, forever release and discharge the Company Entities from any and all claims and liabilitiesclaims, actions, suits, demands, actions obligations, losses, liabilities, debts, obligations for damages (including but not limited to compensatory, exemplary and causes of actionpunitive damages), including expenses, back pay, reinstatement, attorneys' ’ fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as any of the Company Entities, arising up to and including the date you sign this Agreement becomes effective. Dxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitationAgreement, Dxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes including but is not limited to claims arising out of or in any way related to Dxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or 1964; the Civil Rights Act of 1991; the Equal Pay Act of 1963, the Age Discrimination in Employment Act of 1967; the Older Workers Benefit Protection Act of 1990, the Americans with With Disabilities Act of 1990; the Employee Retirement Income Security Act of 1974; the Xxxxxxxx-Xxxxx Act of 2002; the Worker Adjustment and Retraining Notification Act of 1988; the National Labor Relations Act; 42 U.S.C. §1981; the Connecticut Fair Employment Practices Act; the Connecticut Family and Medical Leave Law; the Connecticut Age Discrimination and Employee Insurance Benefits Law; the Connecticut Smokers’ Rights Law; the New York State Human Rights Law; the New York City Human Rights Law; and the New York Labor Law and any and all other claims arising under or out of any other federal, state, or local statute, law, constitution, ordinance or regulation or any other claims for breach of sounding in tort or contract, and including but not limited to claims relating to express or implied contracts, public policy, negligence, personal injury, emotional distress, invasion of privacy, detrimental reliance, promissory estoppel, common law claims or any other statutory or common law cause of action under state, federal or local law. However, Dxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise arising out of conduct or omissions which occur entirely after relating to your employment with the date this Agreement becomes effectiveCompany. In additionSpecifically, he does not and without limitation, you waive any rights he that you may have under the Pitney Xxxxx Incentive Program and the Key Incentive Program and agree that no additional cash incentives or payments are owed to you, except as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etcprovided herein.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officers.

Waiver; Release. A. Xxxxx Xxxxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the date this Agreement becomes effective. Dxxxx Rxxxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx Rxxxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Rxxxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx Rxxxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. Finally, Dxxxx does not waive any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions or omissions while he was an officer, on the same terms as it maintains such coverage (if any) for active officers.

Waiver; Release. A. Xxxxx Xxxxxxxx waives, releases and discharges Quaker from any and all claims and liabilities, demands, actions and causes of action, including attorneys' fees and costs and participation in a class action lawsuit, whether known or unknown, fixed or contingent, that he may have or claim to have against Quaker as of the date this Agreement becomes effective. Dxxxx Txxxxxxx further covenants not to file a lawsuit or participate in a class action lawsuit to assert such claims. Without limitation, Dxxxx Txxxxxxx specifically waives all claims for back pay, future pay or any other form of compensation or income, except as provided below. This waiver includes but is not limited to claims arising out of or in any way related to Dxxxx'x Txxxxxxx'x employment or termination of employment with Quaker, including age discrimination claims under the Age Discrimination In Employment Act (as amended), discrimination claims under Title VII of the Civil Rights Act of 1964 (as amended) or the Americans with Disabilities Act, claims for breach of contract, and any other statutory or common law cause of action under state, federal or local law. However, Dxxxx Txxxxxxx does not waive, release, discharge or covenant not to sxx for enforcement of any rights or claims under this Agreement, nor ones that arise out of conduct or omissions which occur entirely after the date this Agreement becomes effective. In addition, he does not waive any rights he may have as an employee on inactive status and/or as a former employee, as the case may be, under this Agreement or any of Quaker's fringe benefit or incentive plans (e.g., its pension plan, the Program, the Long Term Incentive Plan of 1990, etc.), nor does he waive his right to payment for unused vacation, if any, pursuant to Quaker's vacation policy. Notwithstanding anything to the contrary in Paragraph 8 of this Agreement, such benefits shall continue to be governed by the ERISA plans, contracts and/or Quaker policies that exist independent of this Agreement. FinallyB. Quaker waives, Dxxxx releases and discharges Txxxxxxx from any and all claims and liabilities, demands, actions and causes of action, including attorneys'fees and costs, that it may have or claim to have against Txxxxxxx as of the date this Agreement becomes effective; provided, this waiver, release and discharge only apply to claims as to which Quaker's senior officers were aware, on or before the effective date of this Agreement, of all material facts necessary to establish Txxxxxxx'x liability; and further provided, Quaker does not waive waive, release, discharge or covenant not to sxx for enforcement of any right to indemnification he may have pursuant to Quaker's by-laws, insurance coverage and/or applicable law, and Quaker covenants to maintain directors and officers liability insurance coverage for Dxxxx, for actions rights or claims that arise out of conduct or omissions while he was an officer, on which occur entirely after the same terms as it maintains such coverage (if any) for active officersdate this Agreement becomes effective.