Common use of Release and Waiver Clause in Contracts

Release and Waiver. In exchange for the consideration referred to above, the sufficiency of which is acknowledged, and to which Executive acknowledges Executive would not otherwise be entitled, Executive, on behalf of Executive, Executive’s heirs, executors, successors, administrators and assigns, does hereby knowingly and voluntarily release, acquit and forever discharge, as permitted by law, the Company, its owners, partners, officers, managers, administrators, employees, directors, attorneys, affiliates, subsidiaries, parent companies, successors and assigns (collectively, the “Company Parties”) from any and all claims, causes of action or promises of any and every kind, whether known or unknown, that are based upon facts occurring prior to the date this Agreement is executed by Executive, including but not limited to, the following: (a) any contractual claims, including any claims related to, regarding or arising from any and all aspects or terms of any agreement with the Company; (b) any statutory claims, including but not limited to, claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”), the Executive Retirement Income Security Act, the Worker Adjustment and Retraining Notification Act (“WARN”), the Civil Rights Act of 1866, the Civil Rights Act of 1991, Veterans’ Employment and Reemployment Rights Act, Uniformed Services Employment and Reemployment Rights Act, or arising from any federal, state, or local statute, ordinance or regulation; (c) any and all tort claims, including claims for negligence; and (d) any claims, matters, or actions related to Executive’s employment and/or affiliation with, or separation from, any of the Company Parties. This Section does not prohibit Executive from filing a charge with a federal or state administrative agency; however, Executive understands, acknowledges and agrees that in accordance with this Section of the Agreement, Executive has waived any and all claims for monetary damages in any such agency proceedings.

Release and Waiver. In exchange for For and in consideration of the consideration referred severance payments described in that certain Separation and Severance Agreement dated as of ____________________________ between the Company and Executive (the "Severance Agreement"), to abovebe paid beginning no sooner than the eighth day following execution of this document, the sufficiency of which is acknowledgedExecutive hereby releases, and to which Executive acknowledges Executive would not otherwise be entitled, Executive, on behalf of Executive, Executive’s heirs, executors, successors, administrators and assigns, does hereby knowingly and voluntarily release, acquit waives and forever discharge, as permitted by law, discharges the Company, its ownersparent, partnersaffiliates and subsidiaries, and all of its benefit plans, plan administrators, trustees, agents, subsidiaries, affiliates, employees, officers, managers, administrators, employees, directors, attorneys, affiliates, subsidiaries, parent companiesshareholders, successors and assigns (collectively, hereafter "the “Company Parties”Releasees") from any and all claimsliability, actions, charges, causes of action action, demands, damages, attorneys fees or promises claims for relief or remuneration of any and every kindkind whatsoever, whether known or unknownunknown at this time, that are based upon facts occurring prior to arising out of or in any way connected with Executive's employment, or the date this Agreement is executed by Executivetermination of employment, including but not limited to, the following: (a) any contractual claims, including any claims related to, regarding or arising from any and all aspects or terms of any agreement with the Company. The claims released herein include, without limitation, (1) any claims based either in whole or in part upon any facts, circumstances, acts, or omissions in any way arising out of, based upon, or related to Executive’s employment with the Company or the termination thereof, including, without limitation, any claim for amounts allegedly owed to Executive, or for alleged breach of any agreement; (b2) any statutory claimsclaims arising under any federal or state statute or regulation, including but not limited tolocal ordinance, claims under or the common law, regarding employment or prohibiting employment discrimination, harassment, or retaliation, including, without limitation, Title VII of the Civil Rights Act of 1964, the Equal Pay Act, the Age Discrimination in Employment ActAct (the “ADEA”), the Older Workers Workers’ Benefit Protection Act, the National Labor Relations Act, Section 1981 of the Civil Rights Act of 1866, the Americans with Disabilities Act, the Fair Labor Standards Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”), the Executive Retirement Income Security Act, the Worker Adjustment and Retraining Notification Act, the Health Insurance Portability and Accountability Act of 1996, or any other applicable federal or state statute, law, rule, or regulation prohibiting discrimination, harassment or retaliation; (“WARN”3) any claim for wrongful discharge, wrongful termination in violation of public policy, breach of the covenant of good faith and fair dealing, breach of contract, personal injury, harm, or any other damages (whether intentional or unintentional), the Civil Rights Act negligence, negligent employment, defamation, misrepresentation, fraud, intentional or negligent infliction of 1866emotional distress, the Civil Rights Act of 1991interference with contract or other economic opportunity, Veterans’ Employment and Reemployment Rights Actassault, Uniformed Services Employment and Reemployment Rights Actbattery, or invasion of privacy; (4) claims growing out of any legal restrictions on the Company’s right to terminate its employees; (5) claims for wages, other compensation or benefits; (6) any claim for general, special, or other compensatory damages, consequential damages, punitive damages, back or front pay (including, without limitation, wages, salary, bonuses or other compensation), fringe benefits, attorneys’ fees, costs, or other damages or expenses; (7) any claim for injunctive relief or other equitable relief; (8) any claim arising from under any federal, state, or local statute, law, rule, regulation, or ordinance regulating the health and/or safety of the workplace; or regulation; (c9) any other tort, contract or statutory claim. This Settlement Agreement does not apply to any claims or rights that may arise under the Age Discrimination in Employment Act after the date that this Settlement Agreement is signed. Executive expressly waives all claims, including those which he/she does not know or suspect to exist in his/her favor as of the date of this Settlement Agreement. As used in this Settlement Agreement, the parties understand the word "claims" to include all actions, claims and grievances, whether actual or potential, known or unknown, and specifically but not exclusively including all claims against the Releasees arising from Executive's employment with the Company, the termination thereof or any other conduct by the Releasees occurring on or prior to the date Executive signs this Settlement Agreement. All such claims are forever barred by this Settlement Agreement whether they arise in contract or tort or under a statute or any other law. Executive also understands and agrees that this release extinguishes all claims, whether known or unknown, foreseen or unforeseen, and expressly waives any rights or benefits under any law or judicial decision providing that, in substance, a general release does not extend to claims which a creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him must have materially affected his/her settlement with a debtor. It is expressly understood and agreed by the parties that this Settlement Agreement is in full accord, satisfaction and discharge of any and all tort doubtful and/or disputed claims by Executive against the Releasees, and that this Settlement Agreement has been signed with the express intent of extinguishing all claims, including obligations, actions or causes of action as herein described. The Executive's waiver of claims for negligence; and (d) any claimsrelating to or arising under the Employee Retirement Income Security Act of 1974, mattersas amended, or actions related to Executive’s employment and/or affiliation withthe Company's 401(K) PLAN, or separation from, any shall not be construed as a waiver of the Company Parties. This Section does not prohibit Executive from filing a charge with a federal or state administrative agency; howeverExecutive's right to receive his/her vested benefits under such plan, Executive understandsif any, acknowledges and agrees that in accordance with this Section the terms and provisions of such plan, or as a waiver of the AgreementExecutive's right to reimbursement for covered expenses under and in accordance with the terms and provisions of the Company's health or dental insurance plans, to the extent such covered expenses were incurred during a period in which the Executive has waived any was eligible to participate and all claims for monetary damages in any fact was participating in such agency proceedingsplans.

Release and Waiver. In exchange for the consideration referred to above, the sufficiency of which is acknowledged, (a) Employee (individually and to which Executive acknowledges Executive would not otherwise be entitled, Executive, on behalf of Executive, Executive’s his heirs, executors, successorsor administrators) for, administrators and assignsin consideration of, the consideration set forth in paragraph 1 of this Agreement, and intending to be legally bound, does hereby knowingly and voluntarily release, acquit waive, and forever discharge, as permitted by law, discharge the Company, its ownersparent, partnerssubsidiaries, and affiliates, and each of their present and former officers, managers, administratorsdirectors, employees, directorsagents, attorneys, affiliatesinsureds, subsidiaries, parent companies, successors and assigns plan administrators (collectively, the “Company PartiesReleasees”) from any and all causes of action, lawsuits, debts, claims, causes of action and demands whatsoever in law or promises of any and every kindin equity, which Employee ever had, now has, or hereafter may have, whether known or unknown, that are based upon facts occurring prior or which Employee’s heirs, executors, or administrators may have, by reason of any matter, cause, or thing whatsoever, from the beginning of Employee’s employment to the date of Employee’s execution of this Agreement is executed by ExecutiveAgreement, including and particularly, but without limitation of the foregoing general terms, any claims arising from or relating in any way to Employee’s employment relationship with Company, the terms and conditions of that employment relationship, and the termination of that employment relationship, including, but not limited to, the following: (a) any contractual claims, including any claims related toarising under any applicable Company severance plan(s), regarding or arising from any and all aspects or terms of any agreement with the Company; (b) any statutory claims, including but not limited to, claims under the Age Discrimination in Employment Act, the Older Workers Workers’ Benefit Protection Act, Title VII of The Civil Rights Act of 1964, the Americans with Disabilities Act, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”), the Executive Retirement Income Security Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act (“WARN”), the Civil Rights Act of 1866, the Civil Rights Act of 1991, Veterans’ Employment and Reemployment Rights Act, Uniformed Services Employment and Reemployment Rights Act, or arising from any other claims under any federal, state, or local statutecommon law, ordinance statutory provision, or regulation; (c) regulatory provision, now or hereafter recognized, and any and all tort claims, including claims for negligence; attorneys’ fees and (d) costs. This Agreement is effective without regard to the legal nature of the claims raised and without regard to whether any claimssuch claims are based upon tort, mattersequity, implied contract, express contract, or actions related to Executive’s employment and/or affiliation with, or separation from, discrimination of any of the Company Parties. This Section does not prohibit Executive from filing a charge with a federal or state administrative agency; however, Executive understands, acknowledges and agrees that in accordance with this Section of the Agreement, Executive has waived any and all claims for monetary damages in any such agency proceedingssort.

Release and Waiver. In (a) Employee, in exchange for the consideration referred to above, the sufficiency set forth in paragraph 1 of which is acknowledgedthis Agreement, and intending to which Executive acknowledges Executive would not otherwise be entitledlegally bound, Executivedoes hereby REMISE, on behalf RELEASE AND FOREVER DISCHARGE the Company, its parent and affiliates, and each of Executivetheir present and former officers, Executive’s directors, employees, and agents, and its and their respective successors and assigns, heirs, executors, successors, attorneys and administrators and assigns, does hereby knowingly and voluntarily release, acquit and forever discharge, as permitted by law, the Company, its owners, partners, officers, managers, administrators, employees, directors, attorneys, affiliates, subsidiaries, parent companies, successors and assigns (collectively, the “Company PartiesReleasees”) from any and all claims, causes of action action, suits, debts, claims and demands whatsoever in law or promises of any and every kindin equity, which Employee ever had, now has, or hereafter may have, whether known or unknown, that are based upon facts occurring prior or which Employee’s heirs, executors, or administrators may have, by reason of any matter, cause or thing whatsoever, from the beginning of Employee’s employment to the date of execution of this Agreement is executed by ExecutiveAgreement, including and particularly, but without limitation of the foregoing general terms, any claims arising from or relating in any way to Employee’s employment relationship with Company, the terms and conditions of that employment relationship, and the termination of that employment relationship, including, but not limited to, the following: (a) any contractual claims, including any claims related toarising under any applicable Company severance plan(s), regarding or arising from any and all aspects or terms of any agreement with the Company; (b) any statutory claims, including but not limited to, claims under the Age Discrimination in Employment Act, the Older Workers Workers’ Benefit Protection Act, Title VII of The Civil Rights Act of 1964, the Americans with Disabilities Act, the Employee Retirement Income Security Act of 1974, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”), the Executive Retirement Income Security Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act (“WARN”)Act, the Civil Rights Act of 1866, the Civil Rights Act of 1991, Veterans’ Employment and Reemployment Illinois Human Rights Act, Uniformed Services Employment the Illinois Wage Payment and Reemployment Rights Collection Act, or arising from the Xxxx County Human Rights Ordinance, as amended, and any other claims under any federal, statestate or local common law, statutory, or local statuteregulatory provision, ordinance now or regulation; (c) hereafter recognized, and any and all tort claims, including claims for negligence; attorneys’ fees and (d) any claims, matters, or actions related costs. This Agreement is effective without regard to Executive’s employment and/or affiliation with, or separation from, any the legal nature of the Company Parties. This Section does not prohibit Executive from filing a charge with a federal or state administrative agency; however, Executive understands, acknowledges claims raised and agrees that in accordance with this Section of the Agreement, Executive has waived any and all claims for monetary damages in without regard to whether any such agency proceedingsclaims are based upon tort, equity, implied or express contract or discrimination of any sort.

Release and Waiver. In exchange for consideration of this Agreement and the consideration referred extended to aboveEmployee hereunder, the sufficiency of which is acknowledgedconditioned upon Employee’s execution of this Agreement, and to which Executive acknowledges Executive would not otherwise be entitledEmployee does hereby for himself, Executivehis administrators, on behalf of Executive, Executive’s heirs, executorsagents, successors, administrators -in-interest and assigns, does hereby knowingly and voluntarily release, acquit fully and forever dischargerelease and discharge Employer and its wholly owning parent, as permitted by lawBank of Marin Bancorp (“Bancorp”), the Companytheir shareholders, its owners, partnersdirectors, officers, managers, administrators, employees, directorsattorneys and agents, attorneysand each of them, affiliates, subsidiaries, parent companies, successors of and assigns (collectively, the “Company Parties”) from any and all promises, agreements, claims, demands, actions, causes of action or promises action, losses and expenses of any and every kind, whether nature whatsoever known or unknown, that are based upon facts occurring suspected or unsuspected, filed or unfiled, against them by reason of any occurrences or any damages or injuries in any way sustained by Employee at any time prior to and including the date of this Agreement is executed by ExecutiveAgreement, including including, but not limited to, the following: (a) any contractual claims, including any claims related to, regarding or arising from any and all aspects claims or terms causes of any agreement action arising from his employment by Employer or the termination of his employment with the Company; (b) any statutory claimsEmployer. Employee expressly acknowledges and agrees that this Agreement releases claims that include, including but are not limited to: breach of contract (express or implied); intentional infliction of emotional harm; wrongful discharge; defamation or other tort claims; attorneys’ fees or court costs; claims arising out of: Title VII of the Civil Rights Act of 1964, claims under as amended, 42 U.S.C. 2000(e) et seq. (Title VII); the Age Discrimination in Employment ActAct of 1967, as amended, 29 U.S.C. Section 621 et seq. (“ADEA”); the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”), the Executive Retirement Income Security Act, the Worker Adjustment and Retraining Notification Act (“WARNOWBPA”); the California Fair Employment and Housing Act, Part 2.8 Division 3, Title 2 of the Civil Rights Government Code, Section 12900-12996 (FEHA); the Rehabilitation Act of 18661973, as amended, Section 1981 of Title 42 of the Civil Rights Act of 1991, Veterans’ Employment and Reemployment Rights Act, Uniformed Services Employment and Reemployment Rights Act, United States Code; Labor Code Section 1102.1; or arising from any other federal, state, or local municipal statute, ordinance or regulation; (c) common-law theory relating to wrongful employment termination, breach of contract, breach of fiduciary duty, discrimination in employment or unfair employment practices. Employee hereby releases Employer from any and all tort claims, including claims for negligence; and (d) any claims, matters, unknown or actions related to Executive’s employment and/or affiliation unanticipated damages arising from the matters set forth in this Agreement. Employee acknowledges that he is familiar with, or separation fromand hereby waives, any all rights recognized by the provisions of Section 1542 of the Company PartiesCalifornia Civil Code, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” Being thus familiar and aware, Employee expressly waives the effects of Civil Code Section 1542, as well as any analogous state or federal statute or regulation. This Thus, notwithstanding the provisions of Civil Code Section does not prohibit Executive from filing 1542, and for the purpose of effecting a charge with a federal or state administrative agency; howeverfull and complete release, Executive understandsEmployee expressly acknowledges that this Agreement is intended to include in its effect, acknowledges and agrees that in accordance with this Section of the Agreementwithout limitation, Executive has waived any and all claims for monetary damages or causes of action which Employee may now have or did have, including claims or causes of action he does not know of or suspect to exist in his favor as of the Effective Date of this Agreement, and that this Agreement contemplates that all such claims and causes of action will be extinguished. The parties hereby acknowledge and agree that this release does not waive any such agency proceedingsfuture claims the Employee may have.

Release and Waiver. In exchange for a. For and in consideration of the consideration referred Bank’s and the Corporation’s promise to cause the payments and benefits to be made as set forth in Paragraph 1, above, the sufficiency of which is acknowledgedEmployee does hereby REMISE, RELEASE, AND FOREVER DISCHARGE Riverview Financial Corporation, Riverview Bank, and to which Executive acknowledges Executive would not otherwise be entitledtheir respective parent corporations, Executivesubsidiaries and affiliates, on behalf and all of Executive, Executivethe foregoing’s heirs, executors, successors, administrators and assigns, does hereby knowingly and voluntarily release, acquit and forever discharge, as permitted by law, the Company, its owners, partnersrespective directors, officers, managersshareholders, administrators, current or former employees, directorsrepresentatives, agents, attorneys, affiliates, subsidiaries, parent companiesinsurers, successors and assigns (collectively, the “Company PartiesReleasees”) of and from any and all claims, manner of actions and causes of action action, suits, debts, liabilities, losses, damages, claims and demands whatsoever (which are otherwise subject to waiver) that Employee had, has or promises may have against any of the Releasees, whether sounding in contract, any and every kindform of tort or otherwise, whether at law or in equity, whether known or unknown, that are based upon facts occurring from prior to the commencement of Employee’s employment with any of the Releasees to the date of this Agreement is executed by ExecutiveRelease Agreement. The releases herein include, including but are not limited to, any waivable claims that were asserted or could have been asserted up to the following: (a) any contractual claims, including any claims related to, regarding date of this Release Agreement or arising from any and all aspects or terms of any agreement with that could be asserted in the Company; (b) any statutory claims, including but not limited to, claims future under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”), the Executive Retirement Income Security Act, the Worker Adjustment and Retraining Notification Act (“WARN”), the Civil Rights Act of 1866, the Civil Rights Act of 1991, Veterans’ Employment and Reemployment Rights Act, Uniformed Services Employment and Reemployment Rights Act, or arising from any federal, state, or local statutelaws, ordinance regulations, orders, or regulationordinances including but not limited to: • Title VII of the Civil Rights Act of 1964, as amended; • the Civil Rights Act of 1866 and 1871; • Executive Order 11246; • the Rehabilitation Act of 1973; • the Americans with Disabilities Act of 1990 (cADA); • the Employee Retirement Income Security Act (ERISA) any and all tort claims, including (except as to claims for negligencevested benefits); and (d) • any claimsstate or local laws similar to the above including but not limited to the Pennsylvania Human Relations Act; • any unjust or wrongful termination theory; • any claim for breach of contract, mattersfraud or material misrepresentation; • any negligent retention, hiring, or actions related to Executive’s employment and/or affiliation with, supervision theory; or separation fromany right or claim based on an alleged privacy violation, any of the Company Parties. This Section does not prohibit Executive from filing a charge with a federal claims for defamation or state administrative agency; howeverslander, Executive understandsother employment tort or common law claims now or hereafter recognized and any derivative claim Employee may have arising thereunder, acknowledges and agrees that in accordance with this Section of the Agreement, Executive has waived any and all claims for monetary damages in counsel fees and costs. Employee specifically acknowledges that he is releasing all Releasees from any such agency proceedingsclaims for attorneys’ fees and costs.

Release and Waiver. In exchange (a) As a material inducement to JLK and Kennametal to enter into this Agreement and for and in consideration of the consideration referred to aboveterms expressed herein, the sufficiency of which is acknowledgedLazzxxx, and to which Executive acknowledges Executive would not otherwise be entitledxxr himself, Executive, on behalf of Executive, Executive’s heirs, executors, successors, administrators his successors and assigns, does hereby knowingly irrevocably and voluntarily release, acquit unconditionally release and forever discharge, as permitted by law, the Company, its owners, partners, officers, managers, administrators, employees, directors, attorneys, affiliates, subsidiaries, parent companies, successors discharge JLK and assigns (collectively, the “Company Parties”) Kennametal of and from any and all claims, charges, demands, liabilities, obligations, promises, controversies, damages, rights, actions and causes of action of whatever nature, kind or promises of any and every kindcharacter, in law or equity, whether known or unknownunknown ("Claims"), that are based upon facts occurring prior which Lazzxxx xxx has, may have or claims to the date this Agreement have or which he at any time heretofore may have, had or claimed to have against JLK and/or Kennametal. This release includes, but is executed by Executivenot limited to, including those Claims arising from or during Lazzxxx'x xxxloyment, related to his employment, as a result of his termination of or separation from employment with JLK or Kennametal, his receipt of stock options, or his ownership in securities, and Lazzxxx xxxees not to assert any such Claims or causes of action. This release and waiver includes, but is not limited to, Claims arising under federal, state or local statutes, ordinances or common laws, specifically including, but not limited to, the following: (a) any contractual claimsSecurities Exchange Act of 1934, including any claims related toSecurities and Exchange Commission Rule 10b-5, regarding or arising from any and all aspects or terms the Civil Rights Act of any agreement 1866, the Civil Rights Act of 1871, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Rehabilitation Act of 1973, the Americans with the Company; (b) any statutory claimsDisabilities Act, including but not limited to, claims under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans with Disabilities ActEmployee Retirement Income Security Act of 1974, Executive Order 11246, the Veterans Reemployment Statutes, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”), the Executive Retirement Income Security Act, the Worker Adjustment and Retraining Notification Act (“WARN”), the Civil Rights Act of 1866, the Civil Rights Act of 1991, Veterans’ Employment and Reemployment Rights Act, Uniformed Services Employment and Reemployment Rights Act, or arising from any federal, state, or local statute, ordinance or regulation; (c) any and all tort claims, including claims for negligence; and (d) any claims, matters, or actions related to Executive’s employment and/or affiliation with, or separation from, any of the Company Parties. This Section does not prohibit Executive from filing a charge with a federal or state administrative agency; however, Executive understands, acknowledges and agrees that in accordance with this Section of the Agreement, Executive has waived any and all claims for monetary damages in any such agency proceedings.the

Release and Waiver. In exchange consideration for the benefits and consideration referred to described above, the sufficiency of which is acknowledged, and to which Executive acknowledges Executive would not otherwise be entitled, ExecutiveXx. Xxxxxxxxx, on behalf of Executivehimself and his heirs, Executive’s heirsspouse, family members, assigns, successors, executors, successorsadministrators or agents (collectively, administrators and assignsincluding Xx. Xxxxxxxxx, does the “Releasing Parties”), hereby unconditionally, knowingly and voluntarily releasereleases, acquit waives, and forever discharge, as permitted by law, discharges the Company, its ownerssubsidiaries and affiliates and all of their respective agents, partnersemployees, officers, managers, administrators, employees, directors, attorneysshareholders, affiliatessuccessors, subsidiaries, parent companies, successors and assigns (collectively, the “Company Released Parties”) from any and all claimsactions, causes of action demands, obligations, agreements, or promises proceedings of any and every kind, whether known or unknown, that are based upon facts occurring prior to at this time, arising out of, or connected with, Xx. Xxxxxxxxx’x employment with the date this Agreement is executed by ExecutiveCompany, including his separation from the Company, and/or end of his employment, including, but not limited toto all matters in law, the following: (a) any contractual claimsin equity, in contract, or in tort, or pursuant to statute, including any damages, attorney’s fees, costs and expenses and, without limiting the generality of the foregoing, to all claims related to, regarding or arising from any and all aspects or terms of any agreement with the Company; (b) any statutory claims, including but not limited to, claims under the Age Discrimination in Employment ActAct of 1967, as amended (“ADEA”), the Older Workers Worker Benefit Protection ActAct (“OWBPA”), Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Americans with With Disabilities Act, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”)Illinois Constitution, the Executive Retirement Income Security Illinois Wage Payment and Collection Act, the Worker Adjustment and Retraining Notification Act (“WARN”)anti-retaliation provisions of the Illinois Workers’ Compensation Act, the Civil Illinois Minimum Wage Law, Illinois Whistleblower Act, Illinois Human Rights Act of 1866, the Civil Rights Act of 1991, Veterans’ Employment and Reemployment Rights Act, Uniformed Services Employment and Reemployment Rights Act, or arising from any other federal, state, or local law, statute, or ordinance affecting his employment with or regulation; (c) separation from the Company. Xx. Xxxxxxxxx’x release of claims includes any and all tort claimsclaims of discrimination, including claims for negligence; retaliation and (d) any claims, matters, or actions related other type. Nothing in this Agreement is intended to Executive’s employment and/or affiliation with, or separation from, any of the Company Partiesprevent Xx. This Section does not prohibit Executive Xxxxxxxxx from filing a charge or complaint with, or from participating in an investigation or proceeding conducted by, the Equal Employment Opportunity Commission or any other federal, state or local agency charged with the enforcement of any employment laws, although by signing this release Xx. Xxxxxxxxx waives the right to individual relief based on claims asserted in such a federal charge or state administrative agency; howevercomplaint, Executive understands, acknowledges except for any instances where such a waiver is prohibited. The Company and agrees Xx. Xxxxxxxxx both understand that in accordance with this Section Agreement does not release any rights or claims of Xx. Xxxxxxxxx against any of the Released Parties (i) that arise after the date this Agreement is signed by Xx. Xxxxxxxxx, until and unless the Supplemental Release is executed, and thereafter, with respect to those that arise after the date the Supplemental Release is executed by Xx. Xxxxxxxxx, (ii) that cannot be released as a matter of law, or (iii) to enforce the terms of this Agreement, Executive has waived any and all claims for monetary damages in any such agency proceedings.

Release and Waiver. In exchange for the consideration referred to Severance Benefits described in Section 3 above, the sufficiency of which is acknowledged, and to which Executive acknowledges Executive would not otherwise be entitled, ExecutiveEmployee, on behalf of Executiveherself, Executive’s and her heirs, executors, successorsadministrators, administrators and assigns, does hereby knowingly and voluntarily release, acquit fully and forever dischargeunconditionally releases and discharges Employer, as permitted by lawall of its past and present parent, the Companysubsidiary, its affiliated and related corporations, partnerships, or companies, their predecessors, successors and assigns, together with their divisions and departments, and all past or present owners, partners, officers, managersdirectors, employees, insurers, employee benefit programs (and the trustees, administrators, employeesfiduciaries, directorsand insurers of such programs)(hereinafter referred to collectively as “Releasees”), attorneysand Employee covenants not to sue or assert against Releasees, affiliatesfor any purpose, subsidiaries, parent companies, successors and assigns (collectively, the “Company Parties”) from any and all claims, administrative complaints, demands, actions and causes of action or promises action, of any every kind and every kindnature whatsoever, whether known at law or unknownin equity, that are arising from or in any way related to Employee's employment by Employer or termination of employment with Employer, based in whole or in part upon facts any act, omission or event, occurring prior to on or before the date Employee executes this Agreement is executed Agreement, without regard to Employee's present actual knowledge of the act, omission or event, which Employee may now have, or which Employee, or any person acting on Employee's behalf may at any future time have or claim to have, including specifically, but not by Executiveway of limitation, matters which may arise under any federal, state or local law, including but not limited toto the Employee Retirement Income Security Act, the following: (a) any contractual claimsNational Labor Relations Act, including any claims related toTitle VII of the Civil Rights Act of 1964, regarding or arising from any the Civil Rights Act of 1991, sections 1981 through 1988 of Title 42 of the United States Code, the Occupational Safety and all aspects or terms of any agreement with the Company; (b) any statutory claimsHealth Act, including but not limited to, claims under the Age Discrimination in Employment ActAct (“ADEA”), the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, the Civil Genetic Information Nondiscrimination Act, the Families First Coronavirus Response Act, the CARES Act, the Consolidated Appropriations Act of 2021, the American Rescue Plan Act of 2021, the California Fair Employment and Housing Act (Cal. Govt. Code § 12900 et. seq.), California Labor Code Section 200 et seq., California Business and Professions Code Section 17200, et seq., any applicable California Industrial Welfare Commission order, the California Family Rights Acts of 1964 and 1991 Act (“Title VII”Cal. Govt. Code § 12945.2 et. seq.), the Executive Retirement Income Security ActCalifornia Healthy Workplaces, the Worker Adjustment and Retraining Notification Healthy Families Act (“WARN”Cal. Labor Code § 245 et. seq.), and the California Kin Care Law (Cal. Labor Code § 233 et. seq.), the Civil Rights Act of 1866Utah Labor Code, the Civil Rights Act of 1991, Veterans’ Employment and Reemployment Rights Utah Antidiscrimination Act, Uniformed Services Employment Utah Code Xxx. §§ 34A-5-101 to -112, Utah Code Xxx. § 34A-6-203 (whistleblower protection for disclosure of health/safety violations), Utah Code Xxx. § 00X-0-000 (xxxx xxxx), Xxxx Code Xxx. § 20A-3a-105 (voter leave for up to 2 hours) and Reemployment Rights Actany other local, state or arising from any federalfederal law, state, or local statute, ordinance or regulation; (c) any and all tort claims, including claims for negligence; and (d) any claims, matters, or actions related to Executive’s employment and/or affiliation with, or separation from, any of the Company Parties. This Section does not prohibit Executive from filing a charge with a federal or state administrative agency; however, Executive understands, acknowledges and agrees that in accordance with this Section of the Agreement, Executive has waived as well as any and all claims for monetary damages grounded in common law, contract, quasi-contract, tort or equitable theories. However, Employee is not releasing (i) any of the few claims that the law does not permit Employee to release by private agreement; or (ii) Employee’s right to enforce this Agreement. The Releasees are intended to be third-party beneficiaries of this Agreement, and this Agreement may be enforced by each of them in accordance with the terms hereof in respect of the rights granted to such agency proceedingsReleasees hereunder. Employee expressly waives the protection of Section 1542 of the Civil Code of the State of California and any analogous rule or principle of any other jurisdiction. Section 1542 provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. Accordingly, Employee knowingly, voluntarily and expressly waives any rights and benefits arising under Section 1542 of the California Civil Code and any other statute or principle of similar effect.

Release and Waiver. In exchange for the consideration referred to above, the sufficiency of which is acknowledged, and to which Executive acknowledges Executive would not otherwise be entitled, Executive, on behalf of Executivehimself and his agents, Executive’s heirs, executors, successorsadministrators, administrators successors and assigns, does hereby knowingly and voluntarily release, acquit and forever discharge, as permitted by law, RELEASES AND FOREVER DISCHARGES the Company, its ownerssubsidiaries and its affiliates, as well as its or their respective past or present officers, directors, agents, employees, partners, officers, managers, administrators, employees, directorsshareholders, attorneys, affiliatesinsurers, subsidiariespredecessors, parent companiessuccessors, successors and assigns (collectively, collectively the “Company Released Parties”) from any and all claims, damages, complaints, grievances, causes of action or promises action, suits, liabilities, demands and expenses (including attorneys’ fees) of any nature whatsoever, both at law and every kindin equity (except those expressly reserved herein), whether known or unknown, that are based upon facts occurring prior now existing or which may result from the existing state of things, which Executive now has or ever had against the Released Parties from the beginning of time to the date of execution of this Agreement. In particular, without limitation of the foregoing, the Released Parties are specifically released from and held harmless from any and all claims arising out of or related to Executive’s employment relationship with Company, including, without limitation, Executive’s termination of employment, the Employment Agreement, or Executive’s status as a shareholder of the Company. It is Executive’s intention that this Agreement constitute a full and final general release of all such claims and that this release be as broad as possible. Without limiting the foregoing in any way and to the fullest extent allowed by law, this release includes, but is executed by Executive, including but not limited to, the followingany rights or claims Executive may have under: (a) any contractual claims, including any claims related to, regarding or arising from any and all aspects or terms of any agreement with the Company; (b) any statutory claims, including but not limited to, claims under the Age Discrimination in Employment ActAct of 1967 (29 U.S.C. § 621, et seq.) (“ADEA”); Title VII of the Older Workers Benefit Protection Act, the Americans with Disabilities Act, Civil Rights Acts of 1964; 42 U.S.C. § 1981; the Family and Medical Leave Act, ; the Civil Rights Acts Fair Labor Standards Act; the Equal Pay Act; the Rehabilitation Act of 1964 1973 and 1991 (“Title VII”), the Executive Americans with Disabilities Act; the Employee Retirement Income Security Act, ; the Worker Adjustment and Retraining Notification Act; the Older Workers Benefit Protection Act (“WARNOWBPA”), ; the Civil Rights Act of 1866, National Labor Relations Act; the Civil Rights Act of 1991, Veterans’ Employment and Reemployment Rights Unfair Business Practices Act, ; the Consolidated Omnibus Budget Reform Act; Uniformed Services Employment and Reemployment Rights Act; Fair Credit Reporting Act; False Claims Act; Family Medical Leave Act; Fair Labor Standards Act; the False Claims Act; the Genetic Information Non-Discrimination Act; the Lxxxx Xxxxxxxxx Fair Pay Act; the Texas Commission on Human Rights Act; the Texas Labor Code; and any other federal, state or local laws or regulations concerning employment or prohibiting employment discrimination, harassment or retaliation, or any claims arising from any federalapplicable local, state, or local statutefederal law, ordinance common law claims, and wage or regulationbenefit claims, including, without, limitation, claims for salary, bonuses, commissions, equity awards, vesting acceleration, vacation pay, fringe benefits, severance pay or any other form of compensation. This release also includes any claims against the Company and/or the Released Parties based on promissory estoppel, restitution, misrepresentation, invasion of privacy, claims for defamation, libel, invasion of privacy, intentional or negligent infliction of emotional distress, wrongful termination, constructive discharge, breach of contract, breach of the covenant of good faith and fair dealing, breach of fiduciary duty, and fraud. Executive agrees that he shall never file a lawsuit or other complaint challenging the validity or enforceability of this release. By signing this Agreement, Executive does not relinquish: (a) any right to any vested benefits under any benefit plans or arrangements maintained by the Company or its subsidiaries or affiliates; (b) any right to indemnification under any applicable directors and officers liability insurance policy, indemnity agreement, applicable state and federal law and Company’s articles of incorporation and bylaws; or (c) any and all tort claims, including claims for negligence; and (d) any claims, matters, or actions related to Executive’s employment and/or affiliation with, or separation from, any of right to receive the Company Partiescompensation and benefits described in this Agreement. This Section Executive acknowledges that this Agreement does not prohibit Executive from filing a charge with a federal or state administrative agency; however, Executive understands, acknowledges apply to claims and agrees rights that in accordance with arise after the date of his execution of this Section of the Agreement, Executive has waived any and all claims for monetary damages in any such agency proceedings.

Release and Waiver. In exchange for the consideration referred to Severance Benefits described in Section 4 above, the sufficiency of which is acknowledged, and to which Executive acknowledges Executive would not otherwise be entitled, ExecutiveEmployee, on behalf of Executivehimself, Executive’s and his heirs, executors, successorsadministrators, administrators and assigns, does hereby knowingly and voluntarily release, acquit fully and forever dischargeunconditionally releases and discharges Employer, as permitted by lawall of its past and present parent, the Companysubsidiary, its affiliated and related corporations, partnerships, or companies, their predecessors, successors and assigns, together with their divisions and departments, and all past or present owners, partners, officers, managersdirectors, employees, insurers, employee benefit programs (and the trustees, administrators, employeesfiduciaries, directorsand insurers of such programs)(hereinafter referred to collectively as “Releasees”), attorneysand Employee covenants not to xxx or assert against Releasees, affiliatesfor any purpose, subsidiaries, parent companies, successors and assigns (collectively, the “Company Parties”) from any and all claims, administrative complaints, demands, actions and causes of action or promises action, of any every kind and every kindnature whatsoever, whether known at law or unknownin equity, that are arising from or in any way related to Employee’s employment by Employer or termination of employment with Employer, based in whole or in part upon facts any act, omission or event, occurring prior to on or before the date Employee executes this Agreement is executed Agreement, without regard to Employee’s present actual knowledge of the act, omission or event, which Employee may now have, or which Employee, or any person acting on Employee’s behalf may at any future time have or claim to have, including specifically, but not by Executiveway of limitation, matters which may arise under any federal, state or local law, including but not limited toto the Employee Retirement Income Security Act, the following: (a) any contractual claimsNational Labor Relations Act, including any claims related toTitle VII of the Civil Rights Act of 1964, regarding or arising from any the Civil Rights Act of 1991, sections 1981 through 1988 of Title 42 of the United States Code, the Occupational Safety and all aspects or terms of any agreement with the Company; (b) any statutory claimsHealth Act, including but not limited to, claims under the Age Discrimination in Employment ActAct (“ADEA”), the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”), the Executive Retirement Income Security Genetic Information Nondiscrimination Act, the Worker Adjustment and Retraining Notification Act (“WARN”)Families First Coronavirus Response Act, the Civil Rights CARES Act, the Consolidated Appropriations Act of 18662021, the Civil Rights American Rescue Plan Act of 19912021, Veterans’ the California Fair Employment and Reemployment Rights Housing Act, Uniformed Services Employment California Labor Code Section 200 et seq., California Business and Reemployment Rights ActProfessions Code Section 17200, or arising from any federal, state, or local statute, ordinance or regulation; (c) any and all tort claims, including claims for negligence; and (d) any claims, matters, or actions related to Executive’s employment and/or affiliation with, or separation fromet seq., any of applicable California Industrial Welfare Commission order, the Company Parties. This Section does not prohibit Executive from filing a charge with a Utah Labor Code, and any other local, state or federal or state administrative agency; howeverlaw, Executive understands, acknowledges and agrees that in accordance with this Section of the Agreement, Executive has waived as well as any and all claims for monetary damages grounded in common law, contract, quasi-contract, tort or equitable theories. However, Employee is not releasing (i) any of the few claims that the law does not permit Employee to release by private agreement; or (ii) Employee’s right to enforce this Agreement; or (iii) Employee’s right to indemnification as provided in the October 1, 2018 Indemnification Agreement. The Released Parties are intended to be third-party beneficiaries of this Agreement, and this Agreement may be enforced by each of them in accordance with the terms hereof in respect of the rights granted to such agency proceedings.Released Parties hereunder. Employee expressly waives the protection of Section 1542 of the Civil Code of the State of California and any analogous rule or principle of any other jurisdiction. Section 1542 provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party

Release and Waiver. In exchange for Executive hereby irrevocably and unconditionally releases, acquits and discharges the consideration referred to aboveCompany and its shareholders, the sufficiency of which is acknowledged, and to which Executive acknowledges Executive would not otherwise be entitled, Executive, on behalf of Executive, Executive’s heirs, executors, successors, administrators and assigns, does hereby knowingly and voluntarily release, acquit and forever discharge, as permitted by law, the Company, its owners, partnersmembers, officers, managersdirectors, administratorsemployees and agents, employeesand all of its affiliates, and all of their shareholders, members, officers, directors, attorneys, affiliates, subsidiaries, parent companies, successors employees and assigns agents (collectively, the “Company PartiesReleasees”) of and from any and all claims, claims or causes of action or promises action, suits, agreements, promises, damages, disputes, controversies, contentions, differences, judgments, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, variances, trespasses, extents, executions and demands of any and every kindkind whatsoever (collectively, “Claims”) that Executive has ever had, now has or may have against the Releasees, in law, admiralty or equity, whether known or unknownunknown to Executive, that are based upon facts for, upon, or by reason of, any matter, action, omission, course or thing whatsoever occurring prior up to the date Executive signs this Agreement is executed by ExecutiveAgreement, including but not limited toto any matters arising out of or related to Executive’s employment or termination of such employment. Executive acknowledges that this Release includes, the following: (a) any contractual claims, including any claims related to, regarding or arising from any and all aspects or terms of any agreement with the Company; (b) any statutory claims, including but is not limited to, all Claims arising under federal, state or local laws prohibiting employment discrimination and all Claims growing out of any legal restrictions on the Company’s right to terminate its employees including any common law and/or breach of contract, whistleblower, tort, or retaliation claims and all Claims related to payment of compensation. This Release also specifically encompasses all Claims of employment discrimination based on race, color, religion, sex, and national origin, as provided under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 1981(a), all Claims of discrimination based on age, as provided under the Age Discrimination in Employment ActAct of 1967, as amended, the Older Workers Worker Benefit Protection Act, all Claims under the Americans with Disabilities ActEmployee Retirement Income Security Act (“ERISA”), all Claims under the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 Act (“Title VIIFMLA”), all Claims under the Executive Retirement Income Security Fair Credit Reporting Act, all Claims under the Worker Adjustment National Labor Relations Act, and Retraining Notification all Claims of employment discrimination under the Americans with Disabilities Act (“WARNADA”)) as well as any applicable state and local laws concerning Executive’s employment. Notwithstanding any language to the contrary in this Agreement, the Civil Rights Act of 1866, the Civil Rights Act of 1991, Veterans’ Employment it is understood and Reemployment Rights Act, Uniformed Services Employment and Reemployment Rights Act, or arising from any federal, state, or local statute, ordinance or regulation; (c) agreed that Executive retains any and all tort claimsrights he may have for indemnification by the Company, including claims for negligence; and (d) any claims, mattersunder applicable law, or actions related to Executivethe Company’s employment and/or affiliation withformation documents, or separation from, any of applicable insurance maintained by the Company Parties. This Section does not prohibit with respect to third party claims filed in the future that involves the period of time that Executive from filing a charge with a federal or state administrative agency; however, Executive understands, acknowledges and agrees that in accordance with this Section of was employed by the Agreement, Executive has waived any and all claims for monetary damages in any such agency proceedingsCompany.

Release and Waiver. In exchange return for the consideration referred above monies to abovebe paid and benefits to be provided by the Company, the sufficiency of which is acknowledgedhereby acknowledge by you, and to which Executive acknowledges Executive would not otherwise be entitled, Executive, you agree on behalf of Executiveyourself, Executive’s your heirs, executorsadministrators, successorsexecutors and assigns to waive, administrators release and assignspromise never to assert any or all claims that you have or might have, does hereby knowingly and voluntarily releasebased upon any occurrence on or before the effective date of this Agreement, acquit and forever discharge, as permitted by law, against the Company, its ownerspredecessors, partnersparent corporations, subsidiaries, affiliates, related entities, officers, managersdirectors, administratorsshareholders, agents, attorneys, employees, directorssuccessors, attorneysor assigns, affiliatesarising from or related to your employment and/or the termination of your employment. These claims include, subsidiaries, parent companies, successors and assigns (collectively, the “Company Parties”) from but are not limited to: any and all claims, causes of action action, suits, claims for attorneys' fees, damages or promises demands; all claims of discrimination, on any basis, including, without limitation, claims of race, sex, age, ancestry, national origin, religion and/or disability discrimination; any and every kindall claims arising under federal, whether known state and/or local statutory, or unknowncommon law, that are based upon facts occurring prior to the date this Agreement is executed by Executivesuch as, including but not limited to, Title VII of the following: (a) any contractual claimsCivil Rights Act, as amended, including any claims related tothe amendments to the Civil Rights Act of 1991, regarding or arising from any and all aspects or terms of any agreement the Americans with the Company; (b) any statutory claimsDisabilities Act, including but not limited to, claims under the Age Discrimination in Employment ActAct of 1967, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”), the Executive Retirement Income Security Act, the Worker Adjustment and Retraining Notification Act (“WARN”), the Civil Rights Act of 1866, the Civil Rights Act of 1991, Veterans’ Employment and Reemployment Rights Act, Uniformed Services Employment and Reemployment Rights Act, or arising from any federal, state, or local statute, ordinance or regulationState laws against discrimination; (c) any and all tort claims, including claims for negligenceclaim arising under any other state and/or local anti-discrimination statute and the law of contract and tort; and (d) any claims, matters, or actions related to Executive’s employment and/or affiliation with, or separation from, any of the Company Parties. This Section does not prohibit Executive from filing a charge with a federal or state administrative agency; however, Executive understands, acknowledges and agrees that in accordance with this Section of the Agreement, Executive has waived any and all claims for monetary damages in claims, demands and cause of action, including, but not limited to, breach of public policy, unjust discharge, wrongful discharge, intentional or negligent infliction of emotional distress, misrepresentation, negligence or breach of contract. You further waive, release, and promise never to assert any such agency proceedingsclaims, even if you presently believe you have no such claims.

Release and Waiver. In exchange for the consideration referred to Severance Benefits described in Section 4 above, the sufficiency of which is acknowledged, and to which Executive acknowledges Executive would not otherwise be entitled, ExecutiveEmployee, on behalf of Executivehimself, Executive’s and his heirs, executors, successorsadministrators, administrators and assigns, does hereby knowingly and voluntarily release, acquit fully and forever dischargeunconditionally releases and discharges Employer, as permitted by lawall of its past and present parent, the Companysubsidiary, its affiliated and related corporations, partnerships, or companies, their predecessors, successors and assigns, together with their divisions and departments, and all past or present owners, partners, officers, managersdirectors, employees, insurers, employee benefit programs (and the trustees, administrators, employeesfiduciaries, directorsand insurers of such programs)(hereinafter referred to collectively as “Releasees”), attorneysand Employee covenants not to xxx or assert against Releasees, affiliatesfor any purpose, subsidiaries, parent companies, successors and assigns (collectively, the “Company Parties”) from any and all claims, administrative complaints, demands, actions and causes of action or promises action, of any every kind and every kindnature whatsoever, whether known at law or unknownin equity, that are arising from or in any way related to Employee’s employment by Employer or termination of employment with Employer, based in whole or in part upon facts any act, omission or event, occurring prior to on or before the date Employee executes this Agreement is executed Agreement, without regard to Employee’s present actual knowledge of the act, omission or event, which Employee may now have, or which Employee, or any person acting on Employee’s behalf may at any future time have or claim to have, including specifically, but not by Executiveway of limitation, matters which may arise under any federal, state or local law, including but not limited toto the Employee Retirement Income Security Act, the following: (a) any contractual claimsNational Labor Relations Act, including any claims related toTitle VII of the Civil Rights Act of 1964, regarding or arising from any the Civil Rights Act of 1991, sections 1981 through 1988 of Title 42 of the United States Code, the Occupational Safety and all aspects or terms of any agreement with the Company; (b) any statutory claimsHealth Act, including but not limited to, claims under the Age Discrimination in Employment ActAct (“ADEA”), the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Equal Pay Act, the Family and Medical Leave Act, the Civil Rights Acts of 1964 and 1991 (“Title VII”), the Executive Retirement Income Security Genetic Information Nondiscrimination Act, the Worker Adjustment and Retraining Notification Act (“WARN”)Families First Coronavirus Response Act, the Civil Rights CARES Act, the Consolidated Appropriations Act of 18662021, the Civil Rights American Rescue Plan Act of 19912021, Veterans’ the California Fair Employment and Reemployment Rights Housing Act, Uniformed Services Employment California Labor Code Section 200 et seq., California Business and Reemployment Rights ActProfessions Code Section 17200, or arising from any federal, state, or local statute, ordinance or regulation; (c) any and all tort claims, including claims for negligence; and (d) any claims, matters, or actions related to Executive’s employment and/or affiliation with, or separation fromet seq., any of applicable California Industrial Welfare Commission order, the Company Parties. This Section does not prohibit Executive from filing a charge with a Utah Labor Code, and any other local, state or federal or state administrative agency; howeverlaw, Executive understands, acknowledges and agrees that in accordance with this Section of the Agreement, Executive has waived as well as any and all claims for monetary damages grounded in common law, contract, quasi-contract, tort or equitable theories. However, Employee is not releasing (i) any of the few claims that the law does not permit Employee to release by private agreement; or (ii) Employee’s right to enforce this Agreement. The Releasees are intended to be third-party beneficiaries of this Agreement, and this Agreement may be enforced by each of them in accordance with the terms hereof in respect of the rights granted to such agency proceedingsReleasees hereunder. Employee expressly waives the protection of Section 1542 of the Civil Code of the State of California and any analogous rule or principle of any other jurisdiction. Section 1542 provides: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.