Common use of Employee’s Release Clause in Contracts

Employee’s Release. Employee releases and forever waives as against DIEGO any and all claims of any and every kind, nature and character, whether known or unknown, suspected or unsuspected, including any and all claims for damages, attorneys' fees and/or costs which Employee may now have or has ever had which arise in whole or in part from Employee's employment relationship with DIEGO, the termination of that employment relationship and/or any other employment-related dealings between Employee and DIEGO that have occurred during Employee's term of employment with DIEGO, whether based on tort, contract (express or implied) or any federal, state, or local law, statute, or regulation (the "Released Claims"). By way of example and not in limitation of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for employment discrimination or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, or any other category protected by federal, state, local or common law, retaliation, breach of any agreement entered into between the Parties, including but not limited to, any and all employment agreements and any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealing, fraud, misrepresentation, defamation, intentional or negligent infliction of emotional distress, failure to pay wages, commissions, benefits, vacation pay, severance or other compensation of any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations or ordinances whether federal, state, or local. Notwithstanding the foregoing, this Agreement does not waive rights or claims (1) that may arise after the date the Agreement is executed by Employee, or (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee's right to challenge3 the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation DIEGO or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of DIEGO, any written agreement with DIEGO, any applicable document or insurance policy' or applicable law, (3) Employee's rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee's right in and to Employee's equity in DIEGO, including without limitation, Employee's right to exercise, hold and/or sell Employee's DIEGO stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may f ile a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee's right to bring a lawsuit against Releasees and waives Employee's right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity Commission.

Employee’s Release. Employee hereby generally releases and forever waives as against DIEGO discharges the Releasees from any and all suits, causes of action, complaints, obligations, demands, or claims of any and every kind, nature and characterwhether in law or in equity, whether direct or indirect, known or unknown, suspected or unsuspectedunsuspected (hereinafter “claims”), which Employee ever had or now has against the Releasees, or any one of them, arising out of or relating to Employee’s employment including any matter, thing or event occurring up to and including the date Employee signs this Release. Employee’s release specifically includes, but is not limited to: a. any and all claims for damageswrongful discharge, attorneys' fees and/or costs which Employee may now have or has ever had which arise in whole or in part from Employee's employment relationship with DIEGO, the termination breach of that employment relationship and/or any other employment-related dealings between Employee and DIEGO that have occurred during Employee's term of employment with DIEGO, whether based on tort, contract (whether express or implied) or any federal, state), or local law, statute, or regulation (the "Released Claims"). By way of example and not in limitation of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for employment discrimination or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, or any other category protected by federal, state, local or common law, retaliation, breach of any agreement entered into between the Parties, including but not limited to, any and all employment agreements and any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the implied covenant of good faith and fair dealing; b. any and all claims of unlawful employment discrimination, fraudretaliation and harassment, and failure to accommodate; related to terms and conditions of employment; for compensation and benefits; and/or wrongful termination on the basis of age, race, color, religion, sex, national origin, veteran status, disability and/or handicap, sexual orientation, gender identification, marital status or any other characteristic protected by law; and any and all claims in violation of any federal, state or local statute, ordinance, judicial precedent or executive order, including but not limited to claims under the following statutes: Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), the Americans with Disabilities Act, the National Labor Relations Act (“NLRA”), the Uniformed Services Employment and Reemployment Rights Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1993, and the Employee Retirement Income Security Act of 1974, as amended; c. any and all claims in tort (including but not limited to any claims for misrepresentation, defamation, interference with contract or prospective economic advantage, intentional or negligent infliction of emotional distress, failure to pay wagesduress, commissionsloss of consortium, benefits, vacation pay, severance or other compensation invasion of any sort, failure to reimburse expenses, and/or violation of privacy and negligence); and d. any and all statutesclaims for attorneys’ fees, rules, regulations or ordinances whether federal, state, or localcosts and interest. Notwithstanding the foregoing, this Agreement This Release does not waive rights include, however, a release of Employee’s right, if any, to (i) benefits under any Company plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”) including the Company’s 401(k) Plan, (ii) COBRA benefits pursuant to Code Section 4980B, (iii) unemployment or claims (1) workers’ compensation benefits that may arise after Employee signs this Release, (iv) reimbursement of expenses under the date the Agreement is executed by EmployeeCompany’s expense reimbursement policies, or (2v) anything which are prohibited from release as a matter of law, and it does not restrict or limit Employee's right to challenge3 the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive be released by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation DIEGO or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of DIEGO, any written agreement with DIEGO, any applicable document or insurance policy' or applicable law, (3) Employee's rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee's right in and to Employee's equity in DIEGO, including without limitation, Employee's right to exercise, hold and/or sell Employee's DIEGO stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may f ile a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee's right to bring a lawsuit against Releasees and waives Employee's right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity Commission.

Employee’s Release. 2.1. Employee hereby fully and forever releases and forever waives discharges the Company, its parents and subsidiaries and each of their respective predecessors, successors, assigns, stockholders, affiliates, officers, directors, trustees, employee benefit plans and their administrators and fiduciaries, employees, agents and attorneys, past and present (the Company and each such person or entity is referred to as against DIEGO a “Released Person”) from any and all claims claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of any action, obligations, controversies, debts, costs, expenses, damages, judgments, orders, and every kindliabilities, nature and characterof whatever kind or nature, direct or indirect, in law, equity, or otherwise, whether known or unknown, suspected arising through the date of this Release out of, or unsuspectedin any way related to, including Employee’s employment by the Company or the termination thereof, including, but not limited to, any and all claims for damagesrelief or causes of action under the Age Discrimination in Employment Act, attorneys' fees and/or costs which Employee may now have 29 U.S.C. § 621 et seq., or has ever had which arise in whole or in part from Employee's employment relationship with DIEGO, the termination of that employment relationship and/or any other employment-related dealings between Employee and DIEGO that have occurred during Employee's term of employment with DIEGO, whether based on tort, contract (express or implied) or any federal, state, or local lawstatute, statuteordinance, or regulation (the "Released Claims"). By way of example regarding discrimination in employment, and not in limitation of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes or actions based upon alleged wrongful or retaliatory discharge or breach of action for employment discrimination contract under any state or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, federal law. 2.2. Employee expressly represents that he has not filed a lawsuit or initiated any other category protected by federal, state, local administrative proceeding against a Released Person and that he has not assigned any claim against a Released Person. Employee further promises not to initiate a lawsuit or common law, retaliation, breach of to bring any agreement entered into between the Parties, including but not limited to, other claim against any and all employment agreements and any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealing, fraud, misrepresentation, defamation, intentional or negligent infliction of emotional distress, failure to pay wages, commissions, benefits, vacation pay, severance or other compensation of any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations or ordinances whether federal, state, or local. Notwithstanding the foregoing, this Agreement does not waive rights or claims (1) that may arise after the date the Agreement is executed by Employee, or (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee's right to challenge3 the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations Released Person arising out of this Agreement, (2) or in any obligation DIEGO or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of DIEGO, any written agreement with DIEGO, any applicable document or insurance policy' or applicable law, (3) Employee's rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee's right in and way related to Employee's equity in DIEGO, including without limitation, Employee's right to exercise, hold and/or sell Employee's DIEGO stock options, restricted stock ’s employment by the Company or stockthe termination of that employment. Additionally, nothing in this Agreement precludes This Release will not prevent Employee from filing a charge with the Equal Employment Opportunity Commission (or complaint with similar state agency) or participating in any investigation or proceeding before any federal or state agency, including conducted by the Equal Employment Opportunity Commission. HoweverCommission (or similar state agency); provided, while however, that any claims by Employee may f ile for personal relief in connection with such a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee's right to bring a lawsuit against Releasees and waives Employee's right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, investigation (such as reinstatement or monetary damages) would be barred. 2.3. The foregoing will not be deemed to release the Equal Employment Opportunity CommissionCompany from (a) claims solely to enforce the terms of this Release (including claims under Section 1.2), (b) claims for benefits (not including severance benefits) under the Company’s employee welfare benefit plans and employee pension benefit plans, subject to the terms and conditions of those plans, or (c) claims for defense and indemnification under the Company’s By-Laws or policies of insurance.

Employee’s Release. Employee releases and forever waives as against DIEGO IDT any and all claims of any and every kind, nature and character, whether known or unknown, suspected or unsuspected, including any and all claims for damages, attorneys' ’ fees and/or costs which Employee may now have or has ever had which arise in whole or in part from Employee's ’s employment relationship with DIEGOIDT, the termination of that employment relationship and/or any other employment-related dealings between Employee and DIEGO IDT that have occurred during Employee's ’s term of employment with DIEGOIDT, whether based on tort, contract (express or implied) or any federal, state, or local law, statute, or regulation (the "“Released Claims"”). By way of example and not in limitation of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for employment discrimination or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, or any other category protected by federal, state, local or common law, retaliation, breach of any agreement entered into between the Parties, including but not limited to, any and all employment agreements and any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the covenant of good faith and fair dealing, fraud, misrepresentation, defamation, intentional or negligent infliction of emotional distress, failure to pay wages, commissions, benefits, vacation pay, severance or other compensation of any sort, failure to reimburse expenses, and/or violation of any and all statutes, rules, regulations or ordinances whether federal, state, or local. Notwithstanding the foregoing, this Agreement does not waive rights or claims (1) that may arise after the date the Agreement is executed by Employee, or and (2) which are prohibited from release as a matter of law, and it does not restrict or limit Employee's ’s right to challenge3 challenge the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation DIEGO IDT or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of DIEGOIDT, any written agreement with DIEGOIDT, any applicable document or insurance policy' policy or applicable law, (3) Employee's ’s rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee's ’s right in and to Employee's ’s equity in DIEGOIDT, including without limitation, Employee's ’s right to exercise, hold and/or sell Employee's DIEGO ’s IDT stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may f ile file a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee's ’s right to bring a lawsuit against Releasees and waives Employee's ’s right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity Commission.

Employee’s Release. Employee hereby generally releases and forever waives as against DIEGO discharges the Releasees from any and all suits, causes of action, complaints, obligations, demands, or claims of any and every kind, nature and characterwhether in law or in equity, whether direct or indirect, known or unknown, suspected or unsuspectedunsuspected (hereinafter “claims”), which Employee ever had or now has against the Releasees, or any one of them, arising out of or relating to Employee’s employment including any matter, thing or event occurring up to and including the date Employee signs this Release. Employee’s release specifically includes, but is not limited to: a. any and all claims for damageswrongful discharge, attorneys' fees and/or costs which Employee may now have or has ever had which arise in whole or in part from Employee's employment relationship with DIEGO, the termination breach of that employment relationship and/or any other employment-related dealings between Employee and DIEGO that have occurred during Employee's term of employment with DIEGO, whether based on tort, contract (whether express or implied) or any federal, state), or local law, statute, or regulation (the "Released Claims"). By way of example and not in limitation of the foregoing, Released Claims shall include any and all claims, rights, demands, and causes of action for employment discrimination or harassment on the basis of race, color, national origin, religion, age, sex, disability, sexual orientation, marital status, or any other category protected by federal, state, local or common law, retaliation, breach of any agreement entered into between the Parties, including but not limited to, any and all employment agreements and any and all stock option agreements, violation of the WARN Act, constructive discharge of employment, wrongful termination, breach of the implied covenant of good faith and fair dealing; b. any and all claims of unlawful employment discrimination, fraudretaliation and harassment, and failure to accommodate; related to terms and conditions of employment; for compensation and benefits; and/or wrongful termination on the basis of age, race, color, religion, sex, national origin, veteran status, disability and/or handicap, sexual orientation, gender identification, marital status or any other characteristic protected by law; and any and all claims in violation of any federal, state or local statute, ordinance, judicial precedent or executive order, including but not limited to claims under the following statutes: Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1866, the Age Discrimination in Employment Act (“ADEA”), the Older Workers Benefit Protection Act (“OWBPA”), the Americans with Disabilities Act, the National Labor Relations Act (“NLRA”), the Uniformed Services Employment and Reemployment Rights Act, the Worker Adjustment and Retraining Notification Act, the Family and Medical Leave Act of 1993, and the Employee Retirement Income Security Act of 1974, as amended; c. any and all claims in tort (including but not limited to any claims for misrepresentation, defamation, interference with contract or prospective economic advantage, intentional or negligent infliction of emotional distress, failure to pay wagesduress, commissionsloss of consortium, benefits, vacation pay, severance or other compensation invasion of any sort, failure to reimburse expenses, and/or violation of privacy and negligence); and d. any and all statutesclaims for attorneys’ fees, rules, regulations or ordinances whether federal, state, or localcosts and interest. Notwithstanding the foregoing, this Agreement This Release does not waive rights include, however, a release of Employee’s right, if any, to (i) benefits under any Company plan qualified under Section 401(a) of the Internal Revenue Code of 1986, as amended (the “Code”), including the Company’s 401(k) Plan, (ii) COBRA benefits pursuant to Code Section 4980B, (iii) unemployment or claims (1) workers’ compensation benefits that may arise after Employee signs this Release, (iv) reimbursement of expenses under the date the Agreement is executed by EmployeeCompany’s expense reimbursement policies, or (2v) anything which are prohibited from release as a matter of law, and it does not restrict or limit Employee's right to challenge3 the validity of this Agreement. Nor does this Agreement waive rights or claims under federal or state law that Employee cannot waive be released by private agreement, such as a right of indemnification. This agreement also does not release: (1) any obligations arising out of this Agreement, (2) any obligation DIEGO or any insurer or other person or entity may have to indemnify Employee pursuant to the articles and bylaws of DIEGO, any written agreement with DIEGO, any applicable document or insurance policy' or applicable law, (3) Employee's rights in and to any retirement plan benefits (e.g. 401(k) plan benefits) pursuant to the terms of the Plan(s), and (4) Employee's right in and to Employee's equity in DIEGO, including without limitation, Employee's right to exercise, hold and/or sell Employee's DIEGO stock options, restricted stock or stock. Additionally, nothing in this Agreement precludes Employee from filing a charge or complaint with or participating in any investigation or proceeding before any federal or state agency, including the Equal Employment Opportunity Commission. However, while Employee may f ile a charge and participate in any proceeding conducted by a state or federal agency, by signing this Agreement, Employee waives Employee's right to bring a lawsuit against Releasees and waives Employee's right to any individual monetary recovery in any action or lawsuit initiated by a federal or state agency, such as the Equal Employment Opportunity Commission.