Common use of Your Release of Claims Clause in Contracts

Your Release of Claims. In exchange for the Company’s Release of Claims under this Agreement and other consideration to which you would not otherwise be entitled, you hereby generally and completely release the Company and its directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of or in any way related to your employment with the Company or the termination of that employment; (b) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the California Labor Code (as amended), the California Family Rights Act, the Age Discrimination in Employment Act (“ADEA”) and the California Fair Employment and Housing Act (as amended). Notwithstanding the foregoing, you are not releasing the Company hereby from any obligation to indemnify you pursuant to the Articles and Bylaws of the Company, any valid fully executed indemnification agreement with the Company, applicable law, or applicable directors and officers liability insurance. Also, excluded from this Agreement are any claims that cannot be waived by law.

Your Release of Claims. In exchange for the Company’s Release of Claims consideration provided to you under this Agreement and other consideration to which you would not otherwise be entitled, you hereby generally release, acquit and completely release forever discharge the Company and Company, its officers, directors, officersagents, employees, attorneys, shareholders, partners, agents, attorneys, predecessors, successors, parent assigns and subsidiary entities, insurers, affiliates, of and assigns from any and all claims, liabilities liabilities, demands, causes of action, costs, expenses, attorneys' fees, damages, indemnities and obligationsobligations of every kind and nature, both in law, equity, or otherwise, known and unknown, that arise suspected and unsuspected, disclosed and undisclosed, arising out of or are in any way related to agreements, events, acts, conduct, acts or omissions occurring conduct at any time prior to and including the date you sign this Agreement. This general release includes, including but is not limited to: (a) all such claims and demands directly or indirectly arising out of or in any way related to connected with your employment with the Company or the termination of that your retirement from such employment; (b) all claims or demands related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests or equity interest in the Company, vacation pay, fringe benefits, expense reimbursements, severance pay, or any other form of compensation; claims pursuant to any federal, state or local law, statute, or cause of action including, but not limited to, the federal Civil Rights Act of 1964, as amended; the federal Americans with Disabilities Act of 1990; the California Fair Employment and Housing Act, as amended; the federal Age Discrimination in Emplovment Act, as amended (c) all claims for breach of contract, "ADEA"); tort law; contract law; wrongful termination, discharge; discrimination; harassment; retaliation; fraud; defamation; emotional distress; and breach of the implied covenant of good faith and fair dealing; (d) all tort claims. However, including claims for fraud, defamation, emotional distressthis Agreement shall not relieve or limit the obligation of the Company to indemnify Xxxxxx in accordance with, and discharge in violation subject to the limitations of, California Corporations Code section 317 and/or the bylaws of public policy; and (e) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the California Labor Code (as amended), the California Family Rights Act, the Age Discrimination in Employment Act (“ADEA”) and the California Fair Employment and Housing Act (as amended). Notwithstanding the foregoing, you are not releasing the Company hereby from any obligation to indemnify you pursuant to for claims or actions filed against Xxxxxx arising out of his performance of his normal duties during the Articles and Bylaws time he was an officer of the Company, any valid fully executed indemnification agreement with . This release shall become effective upon the Company, applicable law, or applicable directors and officers liability insurance. Also, excluded from this Agreement are any claims that cannot be waived receipt by lawXxxxxx of the sums specified in Paragraph 2(a) above.

Your Release of Claims. In exchange for the Company’s Release of Claims payments and other consideration under this Agreement and other consideration to which you would not otherwise be entitled, you hereby generally and completely release the Company and its current and former directors, officers, employees, shareholdersstockholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of or in any way related to your employment with the Company or the termination of that employment; (b) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the California Labor Code (as amended), the California Family Rights Act, the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”) ), the Equal Pay Act; the Americans With Disabilities Act; the Family Medical Leave Act; and the California Fair Employment and Housing Act (as amended). Notwithstanding the foregoing, you are not hereby releasing the Company hereby from any obligation it may otherwise have to indemnify you for acts within the course and scope of your employment with the Company, pursuant to the Articles articles and Bylaws bylaws of the Company, any valid fully executed indemnification written agreement with the Company, or applicable law, or applicable directors and officers liability insurance. Also, Also excluded from this Agreement are any claims that which cannot be waived by law. As of the date of its execution of this Agreement, you represent that you have no actual knowledge of any facts that would give rise to a claim or cause of action excluded from this release of claims. You agree that you are waiving your right to any monetary recovery should any governmental agency or entity pursue any claims on your behalf. You also acknowledge that you have received all leaves of absence and leave benefits and protections for which you are eligible, and have not suffered any on-the-job injury for which you have not already filed a claim.

Your Release of Claims. In exchange for the Company’s Release of Claims consideration under this Agreement and other consideration to which you would not otherwise be entitled, you hereby generally and completely release the Company and its directors, officers, employees, shareholdersstockholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of or in any way related to your employment with the Company or the termination separation of that employment; (b) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including claims arising under the California Labor Code, as amended, the California Fair Employment and Housing Act (as amended), and claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the California Labor Code (as amended), the California Family Rights Act, the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”) ), and the California Fair Employment and Housing Act (as amended)related state laws. Notwithstanding the foregoing, you the following are not releasing included in the Company hereby from release (the “Excluded Claims”): (i) any obligation to indemnify rights or claims for indemnification and/or contribution, advancement or payment of related expenses you may have pursuant to the Articles and Company’s Bylaws of the Company, any valid fully executed written indemnification or other agreement with the CompanyCompany to which you are a party, or under applicable law; (ii) any rights which are not waivable as a matter of law; and (iii) any claims for breach of this Agreement; (iv) any rights to any vested benefits under any stock, compensation or other employee benefit plan or agreement with the Company to the extent applicable following your separation; (v) any rights to any insurance coverage under any directors and officers liability insurance. Alsoinsurance or other insurance policies of the Company as in effect on the date and applicable following your separations, excluded from or under COBRA or any similar state law; In addition, nothing in this Agreement prevents you from filing, cooperating with, or participating in any proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that you acknowledge and agree that you hereby waive your right to any monetary benefits in connection with any such claim, charge or proceeding. Additionally, while this Agreement does not limit your right to receive an award for information provided to the Securities and Exchange Commission, you are otherwise waiving, to the fullest extent permitted by law, any and all rights you may have to individual relief based on any claims that cannot be you have released and any rights you have waived by lawsigning this Agreement.

Your Release of Claims. In exchange for You voluntarily release and forever discharge the Company’s Release , the Banks and any other affiliated and related entities, the predecessors, successors and assigns of Claims under this Agreement and other consideration to which you would not otherwise be entitled, you hereby generally and completely release the Company and its all affiliated and related entities, the employee benefit plans of the Company and all affiliated and related entities, all fiduciaries of such plans, and the current and former officers, directors, officersshareholders, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent accountants and subsidiary entities, insurers, affiliates, agents of each of the foregoing in their official and assigns personal capacities (collectively referred to as the “Releasees”) generally from any and all claims, demands, debts, damages and liabilities of every name and obligationsnature, both known and unknownor unknown (“Claims”) that, that arise out as of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This general release includes, but is not limited towithout limitation, all Claims: (a) all claims arising out of or in any way related • relating to your employment by and resignation from employment with the Company and from all offices that you have held with the Company and the Banks; • of wrongful discharge or violation of public policy; • of breach of contract; • of defamation or other torts; • of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of discrimination or retaliation under the termination Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title VII of that employmentthe Civil Rights Act of 1964); (b) all claims related to your compensation • under any other federal or benefits from the Company, including salarystate statute; • for wages, bonuses, incentive compensation, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, vacation pay or any other ownership interests compensation or benefits, either under the Massachusetts Wage Act, M.G.L. c. 149, § 148-150C, or otherwise; and • for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect or waive your rights under the Resignation Agreement. This Agreement and release also shall not affect or waive your rights to defense, indemnification and/or contribution under common law, applicable statutes, the Company’s by-laws, any other corporate organizational documents or any Company insurance policy (which you are fully reserving). This Agreement also shall not affect your rights under the Company’s Section 401(k) plan and/or under the Equity Documents, as defined in the Company; (c) all claims Resignation Agreement. You agree not to accept damages of any nature, other equitable or legal remedies for breach of contract, wrongful termination, and breach your own benefit or attorney’s fees or costs from any of the implied covenant of good faith and fair dealing; (d) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under Releasees with respect to any Claim released by this Agreement. As a material inducement to the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the California Labor Code (as amended), the California Family Rights Act, the Age Discrimination in Employment Act (“ADEA”) and the California Fair Employment and Housing Act (as amended). Notwithstanding the foregoingCompany to enter into this Agreement, you are represent that you have not releasing the Company hereby from assigned any obligation Claim to indemnify you pursuant to the Articles and Bylaws of the Company, any valid fully executed indemnification agreement with the Company, applicable law, or applicable directors and officers liability insurance. Also, excluded from this Agreement are any claims that cannot be waived by lawthird party.

Your Release of Claims. In exchange for the Company’s Release release of Claims under claims against you, as set forth in this Agreement Paragraph 6, and other consideration to which you would are not otherwise be entitledentitled to receive, you hereby generally and completely release the Company and its current and former directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns (collectively, the “Released Parties”) of and from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign your signing this Agreement. This general release includes, but is not limited to: (a1) all claims arising out of or in any way related to your employment with the Company Company, or the termination of that employment; (b2) all claims arising out of or in any way related any agreements between you and the Company, including without limitation the COC Agreement and the Employment Agreement; (3) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (c4) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d5) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e6) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the California Labor Code (as amended), the California Family Rights Act, the Age Discrimination in Employment Act (“ADEA”) and the California Fair Employment and Housing Act (as amended), the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), the California Labor Code, the California Business & Professions Code, the Equal Pay Act of 1963, the Americans With Disabilities Act, the Family and Medical Leave Act, the California Family Rights Act, and the Civil Rights Act of 1991. Notwithstanding the foregoing, you are not releasing the Company hereby from any obligation to indemnify you pursuant to the Articles and Bylaws of the Company, any valid fully executed indemnification agreement with the Company, applicable law, or applicable directors and officers liability insurance. Also, excluded from this Agreement are any claims claim that cannot be waived by under applicable state or federal law. You are not releasing any rights that you have to be indemnified (including any right to reimbursement of expenses) arising under applicable law (including California Labor Code Section 2802), the certificate of incorporation or by-laws (or similar constituent documents of the Company), any fully executed indemnification agreement between you and the Company in effect as of the Resignation Date, or any directors’ and officers’ liability insurance policy of the Company; and you are not releasing any claims arising under the federal Age Discrimination in Employment Act of 1967 (as amended). Nothing in this Agreement shall prevent you from filing, cooperating with, or participating in any proceeding before the Equal Employment Opportunity Commission, the Department of Labor, the California Department of Fair Employment and Housing, or any other government agency, except that you acknowledge and agree that you shall not recover any monetary benefits in connection with any such claim, charge or proceeding with regard to any claim released herein. Nothing in this Agreement shall prevent you from challenging the validity of the release in a legal or administrative proceeding.

Your Release of Claims. In exchange for the Company’s Release of Claims consideration under this Agreement and other consideration to which you would not otherwise be entitled, you hereby generally and completely release the Company and its directors, officers, employees, shareholdersstockholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of or in any way related to your employment with the Company or the termination of that employment; (b) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the California Labor Code (as amended), the California Family Rights Act, the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”) ), and the California Fair Employment and Housing Act (as amended). Notwithstanding the foregoing, This release is not intended to release any right to indemnity that you are not releasing the Company hereby from any obligation to indemnify you pursuant to the Articles and Bylaws have under Delaware or California law for acts arising out of the Companycourse and scope of your employment. The release is also not intended to release any claim you might have for worker’s compensation, unemployment benefits or any valid fully executed indemnification agreement with the Company, applicable law, or applicable directors and officers liability insurance. Also, excluded from this Agreement are any claims that canother right which by law can not be waived by lawas against public policy, if any.

Your Release of Claims. In exchange for the Company’s Release of Claims consideration under this Agreement and other consideration to which you would not otherwise be entitled, including but not limited to the Severance Amount, payment of health insurance continuation premiums, outplacement assistance, and accelerated stock option vesting, you hereby generally and completely release release, acquit and forever discharge the Company and its parent or subsidiary entities, successors, predecessors and affiliates, and its and their directors, officers, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliatesaffiliates and assigns, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of from or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of or in any way related to your employment with the Company or the termination of that employment; (b) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance paypayments, fringe benefits, stock, stock options, or any other ownership or equity interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, including but not limited to claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including but not limited to claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the California Labor Code 1990 (as amended), the California Family Rights Act, the federal Age Discrimination in Employment Act of 1967 (as amended) (the “ADEA”) ), the California Labor Code, and the California Fair Employment and Housing Act (as amended)Act. Notwithstanding the foregoing, you are not hereby releasing the Company hereby from any obligation it may otherwise have to indemnify you for your acts within the course and scope of your employment with the Company, pursuant to the Articles articles and Bylaws bylaws of the Company, any valid fully executed indemnification written agreement with the Company, or applicable law. Additionally, the company hereby agrees to indemnify you to the fullest extent permitted by California law with regard to any claims or actions that may be brought against you by third parties for actions in the course and scope of your employment. You represent that you have no lawsuits, claims or actions pending in your name, or applicable directors and officers liability insuranceon behalf of any other person or entity, against the Company or any other person or entity subject to the release granted in this paragraph. AlsoIn addition, excluded from this Agreement are you covenant not to sxx, initiate, or continue any legal or administrative proceeding with regard to any or all claims that cannot be waived by lawyou have released herein.

Your Release of Claims. In exchange for You voluntarily release and forever discharge the Company’s Release , the Banks and any other affiliated and related entities, the predecessors, successors and assigns of Claims under this Agreement and other consideration to which you would not otherwise be entitled, you hereby generally and completely release the Company and its all affiliated and related entities, the employee benefit plans of the Company and all affiliated and related entities, all fiduciaries of such plans, and the current and former officers, directors, officersshareholders, employees, shareholders, partners, agents, attorneys, predecessors, successors, parent accountants and subsidiary entities, insurers, affiliates, agents of each of the foregoing in their official and assigns personal capacities (collectively referred to as the “Releasees”) generally from any and all claims, demands, debts, damages and liabilities of every name and obligationsnature, both known and unknownor unknown (“Claims”) that, that arise out as of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date when you sign this Agreement, you have, ever had, now claim to have or ever claimed to have had against any or all of the Releasees. This general release includes, but is not limited towithout limitation, all Claims: (a) all claims arising out of or in any way related · relating to your employment by and resignation from employment with the Company and from all offices that you have held with the Company and the Banks; · of wrongful discharge or violation of public policy; · of breach of contract; · of defamation or other torts; · of retaliation or discrimination under federal, state or local law (including, without limitation, Claims of discrimination or retaliation under the termination Age Discrimination in Employment Act, the Americans with Disabilities Act, and Title VII of that employmentthe Civil Rights Act of 1964); (b) all claims related to your compensation · under any other federal or benefits from the Company, including salarystate statute; · for wages, bonuses, incentive compensation, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, vacation pay or any other ownership interests compensation or benefits, either under the Massachusetts Wage Act, M.G.L. c. 149, § 148-150C, or otherwise; and · for damages or other remedies of any sort, including, without limitation, compensatory damages, punitive damages, injunctive relief and attorney’s fees; provided, however, that this release shall not affect or waive your rights under the Resignation Agreement. This Agreement and release also shall not affect or waive your rights to defense, indemnification and/or contribution under common law, applicable statutes, the Company’s by-laws, any other corporate organizational documents or any Company insurance policy (which you are fully reserving). This Agreement also shall not affect your rights under the Company’s Section 401(k) plan and/or under the Equity Documents, as defined in the Company; (c) all claims Resignation Agreement. You agree not to accept damages of any nature, other equitable or legal remedies for breach of contract, wrongful termination, and breach your own benefit or attorney’s fees or costs from any of the implied covenant of good faith and fair dealing; (d) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under Releasees with respect to any Claim released by this Agreement. As a material inducement to the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the California Labor Code (as amended), the California Family Rights Act, the Age Discrimination in Employment Act (“ADEA”) and the California Fair Employment and Housing Act (as amended). Notwithstanding the foregoingCompany to enter into this Agreement, you are represent that you have not releasing the Company hereby from assigned any obligation Claim to indemnify you pursuant to the Articles and Bylaws of the Company, any valid fully executed indemnification agreement with the Company, applicable law, or applicable directors and officers liability insurance. Also, excluded from this Agreement are any claims that cannot be waived by lawthird party.

Your Release of Claims. In exchange for the Company’s Release of Claims payments and other consideration under this Agreement and other consideration to which you would not otherwise be entitled, you hereby generally and completely release the Company and its current and former directors, officers, employees, shareholdersstockholders, partners, agents, attorneys, predecessors, successors, parent and subsidiary entities, insurers, affiliates, and assigns from any and all claims, liabilities and obligations, both known and unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring at any time prior to and including the date you sign this Agreement. This general release includes, but is not limited to: (a) all claims arising out of or in any way related to your employment with the Company or the termination of that employment; (b) all claims related to your compensation or benefits from the Company, including salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or any other ownership interests in the Company; (c) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (d) all tort claims, including claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (e) all federal, state, and local statutory claims, including claims for discrimination, harassment, retaliation, attorneys’ fees, or other claims arising under the federal Civil Rights Act of 1964 (as amended), the federal Americans with Disabilities Act of 1990, the California Labor Code (as amended), the California Family Rights Act, the federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”) and ), the Equal Pay Act; the Americans With Disabilities Act; the Family Medical Leave Act; the California Fair Employment and Housing Act (as amended); and the New Jersey Law Against Discrimination (as amended). Notwithstanding the foregoing, you are not hereby releasing the Company hereby from any obligation it may otherwise have to indemnify you for acts within the course and scope of your employment with the Company, pursuant to the Articles articles and Bylaws bylaws of the Company, any valid fully executed indemnification written agreement with the Company, or applicable law, or applicable directors and officers liability insurance. Also, Also excluded from this Agreement are any claims that which cannot be waived by law. As of the date of its execution of this Agreement, you represent that you have no actual knowledge of any facts that would give rise to a claim or cause of action excluded from this release of claims. You agree that you are waiving your right to any monetary recovery should any governmental agency or entity pursue any claims on your behalf. You also acknowledge that you have received all leaves of absence and leave benefits and protections for which you are eligible, and have not suffered any on-the-job injury for which you have not already filed a claim.