Common use of Release and Waiver of Claims Clause in Contracts

Release and Waiver of Claims. In consideration of the benefits to be provided to ▇▇▇▇ pursuant to this Agreement, ▇▇▇▇ including his heirs and assigns hereby irrevocably and unconditionally releases, acquits and discharges the City and each of its past, present and future elected officials, department heads, officers, employees, agents, representatives and attorneys from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement. ▇▇▇▇ specifically acknowledges and agrees that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he may have against the City under many different laws, including but not limited to: the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claim. ▇▇▇▇ expressly waives all rights that he might have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.

Release and Waiver of Claims. (a) As used in this Release, the term “claims” will include all claims, covenants, warranties, promises, undertakings, actions, suits, causes of action, obligations, debts, accounts, attorneys’ fees, judgments, losses and liabilities, of whatsoever kind or nature, in law, equity or otherwise. (b) In consideration of the benefits commitments of the Company as set forth in Paragraph 2 of the Agreement, I intend to be provided to ▇▇▇▇ pursuant to this Agreementlegally bound, ▇▇▇▇ including his heirs and assigns hereby irrevocably REMISE, RELEASE AND FOREVER DISCHARGE the Company Group and unconditionally releases, acquits and discharges the City and each of its past, their present and future elected officialsformer officers, department heads, officersdirectors, employees, and agents, representatives and attorneys their respective successors, predecessors, affiliates, assigns, heirs, executors, and administrators (collectively, “Releasees”) from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rightsdebts, demandsclaims and demands whatsoever in law or in equity, costswhich I ever had, lossesnow have, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoeveror hereafter may have, whether known or unknown, arising out or which my heirs, executors, or administrators may have, by reason of any actmatter, omissioncause or thing whatsoever, or event from the beginning of time up to the date of my execution of this Agreement. ▇▇▇▇ specifically acknowledges Release, and agrees that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and particularly, but without limitation of the foregoing general terms, any claims arising from or relating in any way to my employment relationship, transition services relationship, or consulting relationship with the Company and Releasees, the terms and conditions of that he may now have or could have asserted against employment relationship, transitions services relationship, and consulting relationship, and the City. ▇▇▇▇ specifically agrees to release all claims termination of that he may have against the City under many different lawsemployment relationship, including transition services relationship, and consulting relationship, including, but not limited to: , any claims arising under any applicable Company severance plan(s), the Age Discrimination in Employment Act, the Older Workers Workers’ Benefit Protection Act, and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the The Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 18661991, and Executive Order 11246Sections 1981 through 1988 of Title 42 of the United States Code, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of Act, the Rehabilitation Executive Retirement Income Security Act of 19731974, which prohibit discrimination based on disability; any other federalthe Family and Medical Leave Act, statethe Worker Adjustment and Retraining Notification Act, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; 1938, the Family and Medical Leave National Labor Relations Act of 1993; Retirement Income Security 1935, the Consolidated Omnibus Budget Reconciliation Act of 1974; any federal1985, statethe Immigration Reform and Control Act of 1986, or local laws providing workers' compensation benefitsthe Occupational Safety and Health Act of 1970, prohibiting retaliatory or wrongful dischargethe ▇▇▇▇–▇▇▇▇▇ ▇▇▇▇ Street Reform and Consumer Protection Act of 2010, otherwise restricting an employer's right the Health Insurance Portability and Accountability Act of 1996, the Vocational Rehabilitation Act of 1973, California employment laws, the California Fair Employment and Housing Act, the California Family Rights Act (Cal. Gov. Code § 12940 et seq.), the California Labor Code (including but not limited to terminate employeesLabor Code §§ 98.6, or otherwise regulating employment; 203, 232, 221, 1102.5, 2698 et seq., 6303, and 6400 et seq.), claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefitsretaliation under the Health and Safety Code section 1278.5; and any other federal, statestate and local employment laws, as amended, and any other claims under any federal, state or local common law, statutory, or local tort regulatory provision, now or contract claim. ▇▇▇▇ expressly waives all rights that he might have under hereafter recognized, and any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including claims for attorneys' ’ fees and costs actually incurred)costs. This Release is effective without regard to the legal nature of the claims raised and without regard to whether any such claims are based upon tort, equity, implied or express contract or discrimination of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreementsort.

Release and Waiver of Claims. In (a) Executive, for and in consideration of the benefits to be provided to ▇▇▇▇ pursuant to commitments of the Company as set forth in Paragraph 2 of this Agreement, ▇▇▇▇ including his heirs and assigns intending to be legally bound, does hereby irrevocably REMISE, RELEASE AND FOREVER DISCHARGE the members of the Company Group, and unconditionally releases, acquits and discharges the City and each of its past, their present and future elected officialsformer officers, department heads, officersdirectors, employees, and agents, representatives and attorneys their respective successors, predecessors, affiliates, assigns, heirs, executors, and administrators (collectively, “Releasees”) from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rightsdebts, demandsclaims and demands whatsoever in law or in equity, costswhich Executive ever had, lossesnow has, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoeveror hereafter may have, whether known or unknown, arising out or which Executive’s heirs, executors, or administrators may have, by reason of any actmatter, omissioncause or thing whatsoever, or event from the beginning of time up to the date of Executive’s execution of this Agreement. ▇▇▇▇ specifically acknowledges , and agrees that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and particularly, but without limitation of the foregoing general terms, any claims arising from or relating in any way to Executive’s employment relationship with the Company and Releasees, the terms and conditions of that he may now have or could have asserted against employment relationship, and the City. ▇▇▇▇ specifically agrees to release all claims termination of that he may have against the City under many different lawsemployment relationship, including including, but not limited to: , any claims arising under any applicable Company severance plan(s), the Age Discrimination in Employment Act, the Older Workers Workers’ Benefit Protection Act, and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the The Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 18661991, and Executive Order 11246Sections 1981 through 1988 of Title 42 of the United States Code, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of Act, the Rehabilitation Executive Retirement Income Security Act of 19731974, which prohibit discrimination based on disability; any other federalthe Family and Medical Leave Act, statethe Worker Adjustment and Retraining Notification Act, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; 1938, the Family and Medical Leave National Labor Relations Act of 1993; Retirement Income Security 1935, the Consolidated Omnibus Budget Reconciliation Act of 1974; any federal1985, statethe Immigration Reform and Control Act of 1986, or local laws providing workers' compensation benefitsthe Occupational Safety and Health Act of 1970, prohibiting retaliatory or wrongful dischargethe ▇▇▇▇–▇▇▇▇▇ ▇▇▇▇ Street Reform and Consumer Protection Act of 2010, otherwise restricting an employer's right the Health Insurance Portability and Accountability Act of 1996, the Vocational Rehabilitation Act of 1973, California employment laws, the California Fair Employment and Housing Act, the California Family Rights Act (Cal. Gov. Code § 12940 et seq.), the California Labor Code (including but not limited to terminate employeesLabor Code §§ 98.6, or otherwise regulating employment; 203, 232, 221, 1102.5, 2698 et seq., 6303, and 6400 et seq.), claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefitsretaliation under the Health and Safety Code section 1278.5; and any other federal, statestate and local employment laws, as amended, and any other claims under any federal, state or local common law, statutory, or local tort regulatory provision, now or contract claim. ▇▇▇▇ expressly waives all rights that he might have under hereafter recognized, and any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including claims for attorneys' ’ fees and costs actually incurred)costs. This Agreement is effective without regard to the legal nature of the claims raised and without regard to whether any such claims are based upon tort, equity, implied or express contract or discrimination of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreementsort.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Section 6.4 of the Employment Agreement dated , 2004, to be effective as of , 200 to which this form is attached, I, , hereby furnish JAZZ PHARMACEUTICALS, INC. (the “Company”) with the following release and waiver (“Release and Waiver”). In exchange for the consideration provided to ▇▇▇▇ pursuant me by this Agreement that I am not otherwise entitled to this Agreementreceive, ▇▇▇▇ including his heirs I hereby generally and assigns hereby irrevocably completely release the Company and unconditionally releases, acquits and discharges the City and each of its past, present and future elected officials, department headsdirectors, officers, employees, stockholders, partners, agents, representatives attorneys, predecessors, successors, insurers, Affiliates, and attorneys assigns from any and all chargesclaims, complaints, claimsdemands, liabilities, and obligations. This general release includes, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses but is not limited to: (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, 1) all claims arising out of or in any actway related to my employment with the Company or the termination of that employment; (2) all contractual claims, omissionincluding claims for breach of contract, wrongful termination, or event from breach of the beginning covenant of good faith and fair dealing; (3) all tort claims, including claims for fraud, defamation, and emotional distress; and (4) all federal, state, and local statutory claims including claims for discrimination, harassment, 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 federal Age Discrimination in Employment Act of 1967, as amended (“ADEA”), or the California Fair Employment and Housing Act. However, this general release does not extend to rights and benefits expressly provided for in the Employment Agreement, under the governing documents for any securities I own of record, and under any agreement, bylaw or statute providing me with indemnification. Except as provided in the Employment Agreement described above, I acknowledge and agree that the Company already has paid me any and all salary, other wages, bonuses, commissions, incentives, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options or any other ownership interests in the Company I am owed, and that no such further payments, amounts or interests are owed or will be owed. I also acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time up to of executing the execution of this Agreement. ▇▇▇▇ specifically acknowledges release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and agrees relinquish all rights and benefits under that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof section and any law of any jurisdiction of similar effect with respect to any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he I may have against the City Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under many different lawsADEA, including but not limited to: that this Release and Waiver is knowing and voluntary, and that the Age Discrimination consideration given for this Release and Waiver is in Employment Actaddition to anything of value to which I was already entitled as an executive of the Company. If I am 40 years of age or older upon execution of this Release and Waiver, I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and Executive Order 11141, waiver granted herein does not relate to claims under the ADEA which prohibit age discrimination in employmentmay arise after this Release and Waiver is executed; Title VII of (b) I have the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefitsconsult with an attorney before executing this Release and Waiver (although I may choose voluntarily not to do so); and any other federal, state, or local tort or contract claim. ▇▇▇▇ expressly waives all rights that he might (c) I have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses twenty-one (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event 21) days from the beginning date of time up termination of my employment with the Company in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); (d) I have seven (7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and (e) this Release and Waiver shall not be effective until the seven (7) day revocation period has expired. If I am less than 40 years of age upon execution of this Release and Waiver, I acknowledge that I have the right to consult with an attorney before executing this Release and Waiver (although I may choose voluntarily not to do so); and (c) I have five (5) days from the date of termination of my employment with the Company in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier). I agree neither to file nor to encourage or knowingly permit another to file any claim, charge, grievance, complaint or action for any sort of monetary damages against the Company and other released parties set forth above concerning any matter covered by this Agreement., except as otherwise provided by law. Date: [Escrow Agent Name and Address] Ladies and Gentlemen: As escrow agent (the “Escrow Agent”) for both Jazz Pharmaceuticals, Inc., a Delaware corporation, and any assignee (referred to collectively as the “Company”), and the undersigned purchaser of stock of the Company (the “Executive”), you are hereby authorized and directed to hold the documents delivered to you pursuant to the terms of that certain Employment Agreement, dated as of , 2004 (the “Agreement”) between the Company and the Executive (the “Escrow”), in accordance with the following instructions:

Release and Waiver of Claims. In consideration exchange for the Company’s execution of this Agreement and Executive’s receipt of the benefits consideration set forth in Section 5 hereof, Executive agrees to be provided to ▇▇▇▇ pursuant to this Agreementand hereby does release and discharge the Company and its subsidiaries and affiliated companies, ▇▇▇▇ including his heirs and assigns hereby irrevocably and unconditionally releasestheir respective owners, acquits and discharges the City and each of its past, present and future elected officials, department heads, officersagents, employees, agentsdirectors, representatives officers and attorneys all their predecessors, successors and assigns (the “Released Parties”), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suitsdamages, rights, demands, costs, losses, debts demands and expenses (including attorneys' fees and costs actually incurred), recoveries of any nature whatsoeverkind, whether known or unknown, which Executive has, ever has had, or ever in the future may have and which are based on acts or omissions occurring up to and including the date on which Executive executes this Agreement, including, without limitation, any and all claims, causes of action, damages, demands and recoveries arising out of or relating to Executive’s employment with the Company and the termination thereof; provided that Executive does not waive any actnonwaivable claims for whistleblowing, omissionunemployment compensation or workers’ compensation benefits, or event from if applicable. Included within the beginning of time up to release set forth in the execution of this Agreement. ▇▇▇▇ specifically acknowledges and agrees that he is releasing and giving up any right that he may now have preceding sentence, without limiting its scope, are claims arising under federal or state law or political subdivision thereof and any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he may have against the City under many different laws, including but not limited to: the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, Section 1981 of as amended, the Civil Rights California Fair Employment and Housing Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; , as amended, the California Family Rights Act, or the Age Discrimination in Employment Act of 1967, as amended, or the Worker Adjustment and Retraining Notification Act of 1989, as amended, or the Executive Retirement Income Security Act of 1974; Act, or the Americans with Disabilities Act, as amended, ▇▇▇▇▇▇▇▇-▇▇▇▇▇, ▇▇▇▇-▇▇▇▇▇ and any waivable laws governing whistle-blowing or retaliation, or any other federal, state, state or local laws providing workers' compensation benefits, prohibiting retaliatory civil rights or wrongful discharge, otherwise restricting an employer's right to terminate employees, employment law and/or contract or otherwise regulating employment; tort law. This release also covers and includes claims for breach of contractcontract (express or implied), promissory estoppelwrongful discharge, detrimental reliance, defamation, slanderemotional distress or compensatory or punitive damages, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claim. ▇▇▇▇ expressly waives all rights that he might have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demandsclaim for attorney’s fees, costs, lossesdisbursements and/or the like. EXECUTIVE UNDERSTANDS THAT THIS AGREEMENT RELEASES ALL CLAIMS BASED ON FACTS OR OMISSIONS OCCURRING ON OR BEFORE THE DATE OF THIS AGREEMENT, debts and expenses (including attorneys' fees and costs actually incurred)EVEN IF EXECUTIVE DOES NOT, of any nature whatsoeverAT THE TIME EXECUTIVE SIGNS THIS AGREEMENT, whether known or unknownHAVE KNOWLEDGE OF THOSE FACTS OR OMISSIONS. EXECUTIVE WAIVES ALL THE BENEFITS AND RIGHTS GRANTED BY CALIFORNIA CIVIL CODE SECTION 1542, arising out of any actAND ANY OTHER APPLICABLE SIMILAR STATE LAWS, omissionWHICH 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, or event from the beginning of time up to the execution of this AgreementIF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Retention and Incentive Bonus Agreement dated February 10, 2005 (the “Agreement”), to be which this form is attached, I, the undersigned, hereby furnish Copper Mountain Networks, Inc. (the “Company”), with the following release and waiver (“Release and Waiver”): In exchange for the consideration provided to ▇▇▇▇ pursuant me by the Agreement that I am not otherwise entitled to this Agreementreceive, ▇▇▇▇ including his heirs I hereby generally and assigns hereby irrevocably completely release the Company and unconditionally releases, acquits and discharges the City and each of its past, present and future elected officials, department headsdirectors, officers, employees, shareholders, partners, agents, representatives attorneys, predecessors, successors, parent and attorneys subsidiary entities, insurers, affiliates, and assigns from any and all charges, complaints, claims, liabilities, liabilities and obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts both known and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any actway related to my employment with the Company or the termination of that employment; (2) all claims related to my compensation or benefits from the Company, omissionincluding, but not limited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or event from any other ownership interests in the beginning Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including, but not limited to, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) 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 federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), and the California Fair Employment and Housing Act (as amended). I also acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time up to of executing the execution of this Agreement. ▇▇▇▇ specifically acknowledges release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and agrees relinquish all rights and benefits under that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof section and any law of any jurisdiction of similar effect with respect to any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he I may have against the City Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under many different lawsADEA, including but not limited to: that this Release and Waiver is knowing and voluntary, and that the Age Discrimination consideration given for this Release and Waiver is in Employment Actaddition to anything of value to which I was already entitled as an Employee of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and Executive Order 11141, waiver granted herein does not relate to claims under the ADEA which prohibit age discrimination may arise after this Release and Waiver is executed; (b) I should consult with an attorney prior to executing this Release and Waiver; (c) I have twenty-one (21) days in employmentwhich to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claim. ▇▇▇▇ expressly waives all rights that he might (d) I have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses seven (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to 7) days following the execution of this AgreementRelease and Waiver to revoke my consent to this Release and Waiver; and (e) this Release and Waiver shall not be effective until the eighth day after I execute this Release and Waiver and the revocation period has expired (the “Effective Date”).

Release and Waiver of Claims. In consideration of the benefits to be provided to ▇▇▇▇ pursuant to in this Agreement, ▇▇▇▇ including his heirs You release the Company, and assigns hereby irrevocably any and unconditionally releases, acquits and discharges the City and each of its all past, present current and future elected officialsparent, department headssubsidiary, related and affiliated companies, predecessors and successors thereto, as well as their officers, directors, shareholders, agents, employees, agentsaffiliates, representatives representatives, attorneys, insurers, successors and attorneys assigns, from any and all charges, complaints, claims, liabilitiesliability, obligations, promises, agreements, controversies, damages, actions, damages or causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature action whatsoever, whether known or unknown, which exist or may in the future exist arising out of any actfrom or relating to events, omission, acts or event from omissions on or before the beginning of time up to the execution Effective Date of this Agreement, other than those rights which as a matter of law cannot be waived, or may represent post termination payments or benefits to be received pursuant to the Executive Employment Agreement by and between Company and You. ▇▇▇▇ specifically acknowledges You understand and agrees acknowledge that he this release includes, but is releasing and giving up not limited to any right that he may now have under federal claim for reinstatement , re-employment , damages, attorney fees, stock options (but on the exercise of any previously granted stock options), bonuses or state law or political subdivision thereof additional compensation in any form, and any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he may have against the City under many different lawsclaim, including but not limited to: the Age Discrimination in Employment Actto those arising under tort, the Older Workers Benefit Protection Actcontract and local, and Executive Order 11141state or federal statute, which prohibit age discrimination in employment; including but not limited to Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 18661991, and Executive Order 11246the Post Civil War Civil Rights Act (42 U.S.C. 1981-88), which prohibit discrimination based on racethe Equal Pay Act, colorthe Age Discrimination in Employment Act, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of Act, the Rehabilitation Act of 1973Vietnam Era Veterans Readjustment Assistance Act, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; Act, the Family and Medical Leave Act of 1993; , the Uniformed Services Employment and Re-employment Rights Act, the Employee Retirement Income Security Act of 1974; , and the civil rights, employment, and labor laws of any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; state and any other federal, state, regulation under such authorities relating to Your employment or local tort association with the Company or contract claimthe termination of that relationship. ▇▇▇▇ expressly waives all You also acknowledge that you are waiving and releasing any rights that he might You may have under any law the Age Discrimination in Employment Act (ADEA) and that this waiver and release is intended knowing and voluntary. You acknowledge that (1) You have been, and hereby are, advised in writing to protect him from waiving unknown claims. The City hereby irrevocably consult with an attorney prior to executing this Agreement, (2) as consideration for executing this Agreement, You have received additional benefits and unconditionally releasescompensation of value to which You would otherwise not be entitled, acquits and discharges ▇▇▇▇ from any and all from any and all charges(3) by signing this Agreement, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known You will not waive rights or unknown, arising out of any act, omission, or event from claims under the beginning of time up to Act which may arise after the execution of this Agreement, and (4) You have twenty- one (21) calendar days within which to consider this Agreement and in the event You sign the Agreement prior to twenty-one (21) days, You do so voluntarily. Once You have accepted the terms of this Agreement, You will have an additional seven (7) calendar days in which to revoke such acceptance. To revoke, You must send a written statement of revocation to the Vice President of Human Resources. If You revoke within seven (7) days, You will receive no benefits under this Agreement. In the event You do not exercise your right to revoke this Agreement, the Agreement shall become effective on the date immediately following the seven day (7) waiting period described above. This release does not waive any rights You may have under any directors and officers insurance or indemnity provision, agreement or policy in effect as of the Termination Date, nor does it affect vested rights You may have under any equity-based compensation plan, retirement plan, 401(k) plan or other benefits plan.

Release and Waiver of Claims. In consideration of the benefits to be provided to ▇▇▇▇ Employee pursuant to this Agreement, ▇▇▇▇ Employee—including his Employee’s heirs and assigns assigns—hereby irrevocably and unconditionally releases, acquits and discharges the City Employer and each of its past, present and future elected officials, department heads, officers, employees, agents, representatives and attorneys from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' ’ fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement. ▇▇▇▇ Employee specifically acknowledges and agrees that he Employee is releasing and giving up any right that he Employee may now have under federal or state law or political subdivision thereof and any claims that he Employee may now have or could have asserted against the CityEmployer. ▇▇▇▇ Employee specifically agrees to release all claims that he may have against the City Employer under many different laws, including but not limited to: the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' ’ compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's ’s right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claim. ▇▇▇▇ Employee expressly waives all rights that he Employee might have under any law that is intended to protect him Employee from waiving unknown claims. The City Employer hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all Employee from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' ’ fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.

Release and Waiver of Claims. In consideration of the benefits to be provided to ▇▇▇▇ Employee pursuant to this Agreement, ▇▇▇▇ Employee including his heirs and assigns hereby irrevocably and unconditionally releases, acquits and discharges the City Employer and each of its past, present and future elected officials, department heads, officers, employees, agents, representatives and attorneys from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' ’ fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement. ▇▇▇▇ Employee specifically acknowledges and agrees that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and any claims that he may now have or could have asserted against the CityEmployer. ▇▇▇▇ Employee specifically agrees to release all claims that he may have against the City Employer under many different laws, including but not limited to: the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' ’ compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's ’s right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claim. ▇▇▇▇ Employee expressly waives all rights that he might have under any law that is intended to protect him from waiving unknown claims. The City Employer hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ Employee from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' ’ fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.

Release and Waiver of Claims. In consideration of the benefits to be provided to ▇▇▇▇ pursuant to this Agreement, ▇▇▇▇ including his heirs and assigns hereby (a) Executive irrevocably and unconditionally releases, acquits and forever discharges the City Releasees of and each of its past, present and future elected officials, department heads, officers, employees, agents, representatives and attorneys from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts suits and expenses (including attorneys' fees and costs actually incurred)debts, of whatever nature, related in any nature whatsoeverway to Executive's employment by any Releasee or termination thereof, occurring or accruing on or before the date Executive executes this Agreement, whether known or unknown, arising out of any actasserted or unasserted, omissionthat Executive now has, may have, or event from the beginning of time up claims to the execution of this Agreement. ▇▇▇▇ specifically acknowledges and agrees that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he may have against the City Company or any of the other Releasees. This includes any and all such claims or causes of action that Executive could make on Executive's own behalf, but also those that may or could be brought by any person or entity on Executive's behalf. (b) The release and waiver set forth in Section 6(a) includes, but is not limited to, any claims arising under many different any federal, state or local statutes, regulations, ordinances or common laws, including specifically including, but not limited to: to (and in each case as it may have been amended): the Age Discrimination in Employment Act, Act ("ADEA"); the Older Workers Workers' Benefit Protection Act, and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, Section 1981 of ; the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters1991; the Family and Medical Leave Act Act; Sections 1981 through 1988 of 1993Title 42 of the United States Code; the Employee Retirement Income Security Act of 1974; the Americans with Disabilities Act of 1990; the Occupational Safety and Health Act; the Equal Pay Act of 1963; the Consolidated Omnibus Budget Reconciliation Act of 1985; the Health Insurance Portability and Accountability Act of 1996; Section 503 of the Rehabilitation Act of 1973; and any federalcommon law claims, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or including but not limited to those alleging wrongful discharge, otherwise restricting an employer's right to terminate employeesintentional or negligent infliction of emotional distress, or otherwise regulating employment; claims for breach of contract, promissory or equitable estoppel, discrimination, defamation, slanderinvasion of privacy, negligence, breach of duty and/or claims for attorney's fees, punitive, compensatory and liquidated damages, expenses or costs. (c) Notwithstanding Sections 6(a) and (b), the release set forth therein does not and is not intended to (i) release any claims that cannot be released by law, such as claims for workers compensation benefits, or libel; claims for termination pay(ii) preclude Executive from seeking a judicial determination of the validity of the release of Executive's rights under the Age Discrimination in Employment Act. (d) Notwithstanding Sections 6(a) and (b), severanceExecutive retains the right to file a charge or complaint with any federal, state or local governmental agency, including, but not limited to, the Equal Employment Opportunity Commission, or other benefits; and to provide testimony or assistance with respect to, or otherwise participate in, any other investigation, proceeding or hearing conducted by any such federal, statestate or local governmental agency. However, Executive waives any right to monetary or other recovery should any federal, state or local governmental agency pursue any claim on Executive's behalf relating in any way to Executive's employment by any Releasee or termination thereof, or local tort or contract claim. ▇▇▇▇ expressly waives all rights to any of the claims that he might have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up are otherwise subject to the execution release and waiver of claims set forth in this Agreement. (e) Notwithstanding Sections 6(a) and (b), the release, waiver and other provisions of this Agreement do not diminish or otherwise adversely impact any vested benefits to which Executive might be entitled pursuant to any employee benefit plan maintained by the Company.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Employment Agreement dated April 23, 2013, to be provided to which this form is attached, I, ▇▇▇▇▇ pursuant to this Agreement, ▇▇▇▇ including his heirs ▇▇▇▇▇, hereby furnish Havana Furnishings, Inc. (the “Company”), with the following release and assigns waiver (“Release and Waiver”). In exchange for the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, I hereby irrevocably generally and unconditionally releases, acquits completely release the Company and discharges the City and each of its past, present and future elected officials, department headsdirectors, officers, employees, shareholders, partners, agents, representatives attorneys, predecessors, successors, parent and attorneys subsidiary entities, insurers, Affiliates, and assigns from any and all charges, complaints, claims, liabilities, liabilities and obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts both known and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any actway related to my employment with the Company or the termination of that employment; (2) all claims related to my compensation or benefits from the Company, omissionincluding, but not limited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or event from any other ownership interests in the beginning Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including, but not limited to, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) 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 federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), and the California Fair Employment and Housing Act (as amended). The foregoing shall not affect in any way my right to receive any severance or other benefits pursuant to and in accordance with the terms of Section 4 of the Employment Agreement in exchange for this effective Release and Waiver. I also acknowledge that I have read and understand Section 1542 of the California Civil Code which reads 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 up to of executing the execution of this Agreement. ▇▇▇▇ specifically acknowledges release, which if known by him or her must have materially affected his or her settlement with the debtor.” I hereby expressly waive and agrees relinquish all rights and benefits under that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof section and any law of any jurisdiction of similar effect with respect to any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he I may have against the City Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under many different lawsADEA, including but not limited to: that this Release and Waiver is knowing and voluntary, and that the Age Discrimination consideration given for this Release and Waiver is in Employment Actaddition to anything of value to which I was already entitled as an executive of the Company. If I am 40 years of age or older upon execution of this Release and Waiver, I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and Executive Order 11141waiver granted herein does not relate to claims under the ADEA which may arise after this Release and Waiver is executed; (b) I have the right to consult with an attorney prior to executing this Release and Waiver (although I may 538031 v3/SD choose voluntarily not to do so); and (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); (d) I have seven (7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and (e) this Release and Waiver shall not be effective until the seven (7) day revocation period has expired. If I am less than 40 years of age upon execution of this Release and Waiver, I acknowledge that I have the right to consult with an attorney prior to executing this Release and Waiver (although I may choose voluntarily not to do so); and (c) I have five (5) days from the date of termination of my employment with the Company in which prohibit age discrimination in employment; Title VII to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier). I acknowledge my continuing obligations under my Proprietary Information and Inventions Agreement, a copy of which is attached hereto as Exhibit A. Pursuant to the Proprietary Information and Inventions Agreement I understand that among other things, I must not use or disclose any confidential or proprietary information of the Civil Rights Act Company and I must immediately return all Company property and documents (including all embodiments of 1964proprietary information) and all copies thereof in my possession or control. I understand and agree that my right to the severance pay I am receiving in exchange for my agreement to the terms of this Release and Waiver is contingent upon my continued compliance with my Proprietary Information and Inventions Agreement. This Release and Waiver, Section 1981 including Exhibit A hereto, constitutes the complete, final and exclusive embodiment of the Civil Rights Act of 1866, entire agreement between the Company and Executive Order 11246, which prohibit discrimination based me with regard to the subject matter hereof. I am not relying on race, color, national origin, religion, any promise or sex; representation by the Americans with Disabilities Act Company that is not expressly stated herein. This Release and Sections 503 Waiver may only be modified by a writing signed by both me and 504 a duly authorized officer of the Rehabilitation Act of 1973Company. Date: April 23, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claim. 2013 By: /s/ ▇▇▇▇▇ expressly waives all rights that he might have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.NuZee Management Contract - ▇▇▇▇▇ ▇▇▇▇▇▇▇▇

Release and Waiver of Claims. In consideration of the benefits to be provided to ▇▇▇▇ Employee pursuant to this Agreement, ▇▇▇▇ Employee—including his heirs and assigns assigns—hereby irrevocably and unconditionally releases, acquits and discharges the City Employer and each of its past, present and future elected officials, department heads, officers, employees, agents, representatives and attorneys from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' ’ fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement. ▇▇▇▇ Employee specifically acknowledges and agrees that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and any claims that he may now have or could have asserted against the CityEmployer. ▇▇▇▇ Employee specifically agrees to release all claims that he may have against the City Employer under many different laws, including but not limited to: the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' ’ compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's ’s right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claim. ▇▇▇▇ Employee expressly waives all rights that he might have under any law that is intended to protect him from waiving unknown claims. The City Employer hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ Employee from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' ’ fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Section 2.1(d)(iii) of the Employment Agreement dated (Month) 2002, to be provided to ▇▇▇▇ pursuant to which this Agreementform is attached, ▇▇▇▇ including his heirs I, , hereby furnish Tier Technologies, Inc (“the Company”), with the following release and assigns waiver (the “Release and Waiver”). I hereby irrevocably release, and unconditionally releasesforever discharge the Companies, acquits and discharges the City and each of its pastofficers, present and future elected officialsdirectors, department heads, officersagents, employees, agentsstockholders, representatives successors, assigns, affiliates, parent, subsidiaries, and attorneys benefit plans, of and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actionsdemands, causes of action, suits, rights, demands, costs, lossesexpenses, debts attorneys’ fees, damages, indemnities and expenses obligations of every kind and nature, in law, equity, or otherwise, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising at any time prior to and including my employment termination date with respect to any claims, including but not limited to those claims relating to my employment and the termination of my employment; including but not limited to, claims pursuant to any federal, state or local law relating to employment, including, but not limited to, discrimination claims, claims under any local statute governing discrimination, and the Federal Age Discrimination in Employment Act of 1967, as amended (including attorneys' fees and costs actually incurred“ADEA”), or claims for wrongful termination, breach of any nature whatsoeverthe covenant of good faith, whether known contract claims, tort claims, and wage or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement. ▇▇▇▇ specifically acknowledges and agrees that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he may have against the City under many different lawsbenefit claims, including but not limited to, claims for salary, bonuses, commissions, stock, stock options, vacation pay, fringe benefits, severance pay or any form of compensation. I also acknowledge that I have read and understand Section 1542 of the California Civil Code or any comparable statute under any other state, which reads as follows: “A general release does not extend to claims which the Age Discrimination creditor does not know or suspect to exist in Employment Acthis favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and relinquish all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims I may have against the Companies. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under ADEA, that this Release and Waiver is knowing and voluntary, and that the consideration given for this Release and Waiver is in addition to anything of value to which I was already entitled as an employee of the Companies. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the Release and Executive Order 11141, Waiver granted herein does not relate to claims which prohibit age discrimination in employmentmay arise after this Release and Waiver is executed; Title VII of (b) I have the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefitsconsult with an attorney prior to executing this Release and Waiver (although I may choose voluntarily not to do so); and any other federal, state, or local tort or contract claim. ▇▇▇▇ expressly waives all rights that he might if I am over 40 years of age upon execution of this Release and Waiver: (c) I have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses twenty-one (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event 21) days from the beginning date of time up termination of my employment with the Company in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); (d) I have seven (7) days following the execution of this Agreement.Release and Waiver to revoke my consent to this Release and Waiver; and (e) this Release and Waiver shall not be effective until the seven (7) day revocation period has expired. Date: By: Print Name:

Release and Waiver of Claims. In consideration of I elect to receive the benefits specified under Section 3 of this Agreement and understand that the benefits are being paid in consideration for my release and waiver of claims as set forth below. I understand that, as provided in the Older Workers Benefit Protection Act of 1990, I have the right to be provided to ▇▇▇▇ pursuant to consult with an attorney before signing this Agreement, ▇▇▇▇ including his heirs and assigns hereby irrevocably and unconditionally releases, acquits and discharges the City and each that I have a period of its past, present and future elected officials, department heads, officers, employees, agents, representatives and attorneys from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of at least 21 calendar days in which to consider this Agreement, that I may revoke this Agreement within seven calendar days after signing it and that this Agreement is not effective or enforceable until expiration of that seven-day period. ▇▇▇▇ specifically acknowledges I understand that there are various local, state and agrees federal laws that he is releasing and giving up govern any right that he may now have under federal or state law or political subdivision thereof and any claims that he may now have or could have asserted against employment relationship with the City. ▇▇▇▇ specifically agrees to release all claims that he may have against the City under many different lawsCompany, including but not limited to laws that prohibit discrimination on the basis of age, color, race, gender, sexual orientation, marital status, national origin, mental or physical disability, religious affiliation or veteran status. Such laws include, but are not limited to: the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and the California Fair Employment and Housing Act. By signing this Agreement, I intend to give up any rights I may have under these or any other laws with respect to my employment and to the termination of my employment with the Company. I agree that the benefits set forth in Section 1981 3 are in full satisfaction of any claims, liabilities, demands or causes of action, known or unknown, that I and my heirs, successors and assigns ever had, now have or may claim to have had against the Company or any parents, subsidiaries, directors, officers, employees or agents of the Company, as of the date of this Agreement, excepting claims for vested benefits based on my employment, claims for workers’ compensation insurance or unemployment insurance benefits. Any such claims whether for discrimination, including but not limited to claims under Title VII of the Civil Rights Act of 18661964, and Executive Order 11246the Age Discrimination in Employment Act, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act Act, the California Fair Employment and Sections 503 Housing Act, and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for wrongful termination, breach of contract, promissory estoppelbreach of public policy, defamation, slander, physical or libel; claims for termination pay, severance, mental harm or other benefits; and distress or any other federal, state, or local tort or contract claim. ▇▇▇▇ expressly waives all rights that he might have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilitiesare hereby released and I agree and promise that I will not file any lawsuit or administrative complaint asserting any such claims, obligationswith the exception that I understand that nothing in this Agreement prohibits me from filing a charge or complaint, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up a challenge to the execution validity of this Agreementrelease of claims, with the Equal Opportunity Employment Commission (“EEOC”) or participating in any investigation or proceeding conducted by the EEOC.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in that certain letter agreement dated December 5, 2006 (the “Letter Agreement”), to be provided to which this form is attached, I, ▇▇▇▇▇▇ pursuant to this Agreement▇. ▇▇▇▇▇▇, hereby furnish ▇▇▇▇▇▇▇▇▇ including his heirs ▇▇▇▇▇ Holding, Inc. and assigns its subsidiaries and affiliates (the “Company”), with the following release and waiver (“Release and Waiver”). In exchange for the consideration provided to me by the Letter Agreement that I am not otherwise entitled to receive, I hereby irrevocably generally and unconditionally releases, acquits completely release the Company and discharges the City and each of its past, present and future elected officials, department headsdirectors, officers, employees, shareholders, partners, agents, representatives attorneys, predecessors, successors, parent and attorneys subsidiary entities, insurers, Affiliates, and assigns from any and all charges, complaints, claims, liabilities, liabilities and obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts both known and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any actway related to my employment with the Company or the termination of that employment; (2) all claims related to my compensation or benefits from the Company, omissionincluding, but not limited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or event from any other ownership interests in the beginning Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including, but not limited to, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) 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 federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), and the California Fair Employment and Housing Act (as amended). I also acknowledge that I have read and understand Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time up to of executing the execution of this Agreement. ▇▇▇▇ specifically acknowledges release, which if known by him must have materially affected his settlement with the debtor.” I hereby expressly waive and agrees relinquish all rights and benefits under that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof section and any law of any jurisdiction of similar effect with respect to any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he I may have against the City Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under many different lawsADEA, including but not limited to: that this Release and Waiver is knowing and voluntary, and that the Age Discrimination consideration given for this Release and Waiver is in Employment Actaddition to anything of value to which I was already entitled as an executive of the Company. If I am 40 years of age or older upon execution of this Release and Waiver, I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and Executive Order 11141, waiver granted herein does not relate to claims under the ADEA which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, may arise after this Release and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claim. ▇▇▇▇▇▇ expressly waives all rights that he might is executed; (b) I should consult with an attorney prior to executing this Release and Waiver; (c) I have under any law that is intended twenty-one (21) days in which to protect him from waiving unknown claims. The City hereby irrevocably consider this Release and unconditionally releases, acquits Waiver (although I may choose voluntarily to execute this Release and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses Waiver earlier); (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to d) I have seven (7) days following the execution of this AgreementRelease and Waiver to revoke my consent to this Release and Waiver; and (e) this Release and Waiver shall not be effective until the eighth day after I execute this Release and Waiver and the revocation period has expired.

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in Section 4.4 of the Amended and Restated Employment Agreement dated September 1, 2008 (the “Employment Agreement”), to be provided to which this form is attached, I, ▇▇▇▇▇▇ pursuant to this Agreement, ▇▇▇▇ including his heirs ▇▇▇, hereby furnish TorreyPines Therapeutics, Inc. (the “Company”), with the following release and assigns waiver (“Release and Waiver”): In exchange for the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, I hereby irrevocably generally and unconditionally releases, acquits completely release the Company and discharges the City and each of its past, present and future elected officials, department headsdirectors, officers, employees, shareholders, partners, agents, representatives attorneys, predecessors, successors, parent and attorneys subsidiary entities, insurers, affiliates, and assigns from any and all charges, complaints, claims, liabilities, liabilities and obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts both known and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any actway related to my employment with the Company or the termination of that employment; (2) all claims related to my compensation or benefits from the Company, omissionincluding, but not limited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or event from any other ownership interests in the beginning of time up Company, except to the execution extent that such claims cannot be released pursuant to the California Labor Code, including, but not limited to, sections 2802 and 206.5; (3) all claims for breach of this Agreementcontract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including, but not limited to, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) 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 federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), and the California Fair Employment and Housing Act (as amended). ▇▇▇▇ specifically acknowledges I also acknowledge that I have read and agrees understand Section 1542 of the California Civil Code which reads 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.” I hereby expressly waive and relinquish all rights and benefits under that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof section and any law of any jurisdiction of similar effect with respect to any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he I may have against the City Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under many different lawsADEA, including but not limited to: that this Release and Waiver is knowing and voluntary, and that the Age Discrimination consideration given for this Release and Waiver is in Employment Actaddition to anything of value to which I was already entitled as an executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and Executive Order 11141, waiver granted herein does not relate to claims under the ADEA which prohibit age discrimination may arise after this Release and Waiver is executed; (b) I should consult with an attorney prior to executing this Release and Waiver; (c) I have twenty-one (21) days in employmentwhich to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claim. ▇▇▇▇ expressly waives all rights that he might (d) I have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses seven (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to 7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and (e) this Release and Waiver shall not be effective until the eighth day after I execute this Release and Waiver and the revocation period has expired unexercised (the “Effective Date”). I acknowledge and agree to my continuing obligations under my Proprietary Information and Inventions Agreement., a copy of which is attached to the Employment Agreement. I understand and agree that my right to the severance pay I am receiving in exchange for my agreement to the terms of this Release and Waiver is contingent upon my continued compliance with my Proprietary Information and Inventions Agreement. I represent that I have not filed any claims against the Company, and agree that, except as such waiver may be prohibited by statute, I will not file any claim against the Company or seek any compensation for any claim other than the payments and benefits referenced herein. I agree to indemnify and hold the Company harmless from and against any and all loss, cost, and expense, including, but not limited to court costs and attorney’s fees, arising from or in connection with any action which may be commenced, prosecuted, or threatened by me or for my benefit, upon my initiative, or with my aid or approval, contrary to the provisions of this Release and Waiver. This Release and Waiver, including any referenced documents, constitutes the complete, final and exclusive embodiment of the entire agreement between the Company and me with regard to the subject matter hereof. I am not relying on any promise or representation by the Company that is not expressly stated herein. This Release and Waiver may only be modified by a writing signed by both me and a member of the Board of Directors of the Company. Date: By:

Release and Waiver of Claims. In consideration of the payments and other benefits set forth in the Employment Agreement dated 2-1-07, to be provided to which this form is attached, I, ▇▇▇▇▇▇▇ pursuant to this Agreement, ▇▇▇▇ including his heirs ▇▇, hereby furnish TRIUS THERAPEUTICS, INC. (the “Company”), with the following release and assigns waiver (“Release and Waiver”). In exchange for the consideration provided to me by the Employment Agreement that I am not otherwise entitled to receive, I hereby irrevocably generally and unconditionally releases, acquits completely release the Company and discharges the City and each of its past, present and future elected officials, department headsdirectors, officers, employees, shareholders, partners, agents, representatives attorneys, predecessors, successors, parent and attorneys subsidiary entities, insurers, Affiliates, and assigns from any and all charges, complaints, claims, liabilities, liabilities and obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts both known and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, that arise out of or are in any way related to events, acts, conduct, or omissions occurring prior to my signing this Release and Waiver. This general release includes, but is not limited to: (1) all claims arising out of or in any actway related to my employment with the Company or the termination of that employment; (2) all claims related to my compensation or benefits from the Company, omissionincluding, but not limited to, salary, bonuses, commissions, vacation pay, expense reimbursements, severance pay, fringe benefits, stock, stock options, or event from any other ownership interests in the beginning Company; (3) all claims for breach of contract, wrongful termination, and breach of the implied covenant of good faith and fair dealing; (4) all tort claims, including, but not limited to, claims for fraud, defamation, emotional distress, and discharge in violation of public policy; and (5) 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 federal Age Discrimination in Employment Act of 1967 (as amended) (“ADEA”), and the California Fair Employment and Housing Act (as amended). The foregoing shall not affect in any way my right to receive any severance or other benefits pursuant to and in accordance with the terms of Section 4 of the Employment Agreement in exchange for this Release and Waiver. I also acknowledge that I have read and understand Section 1542 of the California Civil Code which reads 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 up to of executing the execution of this Agreement. ▇▇▇▇ specifically acknowledges release, which if known by him or her must have materially affected his or her settlement with the debtor.” I hereby expressly waive and agrees relinquish all rights and benefits under that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof section and any law of any jurisdiction of similar effect with respect to any claims that he may now have or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he I may have against the City Company. I acknowledge that, among other rights, I am waiving and releasing any rights I may have under many different lawsADEA, including but not limited to: that this Release and Waiver is knowing and voluntary, and that the Age Discrimination consideration given for this Release and Waiver is in Employment Actaddition to anything of value to which I was already entitled as an executive of the Company. If I am 40 years of age or older upon execution of this Release and Waiver, I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and Executive Order 11141waiver granted herein does not relate to claims under the ADEA which may arise after this Release and Waiver is executed; (b) I have the right to consult with an attorney prior to executing this Release and Waiver (although I may choose voluntarily not to do so); and (c) I have twenty-one (21) days from the date of termination of my employment with the Company in which to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier); (d) I have seven (7) days following the execution of this Release and Waiver to revoke my consent to this Release and Waiver; and (e) this Release and Waiver shall not be effective until the seven (7) day revocation period has expired. If I am less than 40 years of age upon execution of this Release and Waiver, I acknowledge that I have the right to consult with an attorney prior to executing this Release and Waiver (although I may choose voluntarily not to do so); and (c) I have five (5) days from the date of termination of my employment with the Company in which prohibit age discrimination in employment; Title VII to consider this Release and Waiver (although I may choose voluntarily to execute this Release and Waiver earlier). I acknowledge my continuing obligations under my Proprietary Information and Inventions Agreement, a copy of which is attached hereto as Exhibit B. Pursuant to the Proprietary Information and Inventions Agreement I understand that among other things, I must not use or disclose any confidential or proprietary information of the Civil Rights Act Company and I must immediately return all Company property and documents (including all embodiments of 1964proprietary information) and all copies thereof in my possession or control. I understand and agree that my right to the severance pay I am receiving in exchange for my agreement to the terms of this Release and Waiver is contingent upon my continued compliance with my Proprietary Information and Inventions Agreement. This Release and Waiver constitutes the complete, Section 1981 final and exclusive embodiment of the Civil Rights Act of 1866, entire agreement between the Company and Executive Order 11246, which prohibit discrimination based me with regard to the subject matter hereof. I am not relying on race, color, national origin, religion, any promise or sex; representation by the Americans with Disabilities Act Company that is not expressly stated herein. This Release and Sections 503 Waiver may only be modified by a writing signed by both me and 504 a duly authorized officer of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claimCompany. Date: By: ▇▇▇▇▇▇▇ expressly waives all rights that he might have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.▇▇

Release and Waiver of Claims. In consideration of the payments and other benefits described in the Employment Agreement dated March 1, 2002, to be provided to ▇▇▇▇ pursuant to which this Agreementform is attached, I, ▇▇▇▇ including his heirs ▇▇▇▇▇▇▇, hereby furnish SORRENTO NETWORKS CORPORATION. (the "Company"), with the following release and assigns waiver ("Release and Waiver"). I hereby irrevocably release, and unconditionally releasesforever discharge the Company, acquits and discharges the City and each of its pastofficers, present and future elected officialsdirectors, department heads, officersagents, employees, agentsstockholders, representatives successors, assigns, affiliates and attorneys benefit plans, of and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actionsdemands, causes of action, suits, rights, demands, costs, lossesexpenses, debts and expenses (including attorneys' fees fees, damages, indemnities and costs actually incurred)obligations of every kind and nature, of any nature whatsoeverin law, whether equity, or otherwise, known or and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of at any act, omission, or event from the beginning of time up prior to the execution of this Agreement. ▇▇▇▇ specifically acknowledges and agrees that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and including my employment termination date with respect to any claims that he may now have relating to my employment or could have asserted against the City. ▇▇▇▇ specifically agrees to release all claims that he may have against the City under many different lawstermination of my employment, including but not limited to: to claims pursuant to any federal, state or local law relating to employment, such as discrimination claims under the California Fair Employment and Housing Act, the Federal Age Discrimination in Employment ActAct of 1967, the Older Workers Benefit Protection Actas amended ("ADEA"), and Executive Order 11141, which prohibit age discrimination in employment; or Title VII of the Civil Rights Act of 1964, Section 1981 or claims for wrongful termination, breach of the Civil Rights Act covenant of 1866good faith and fair dealing, contract claims, tort claims, and Executive Order 11246wage or benefit claims, which prohibit discrimination based on raceincluding but not limited to, colorclaims for salary, national originbonuses, religioncommissions, stock, stock options, vacation pay, fringe benefits, severance pay or sex; the Americans with Disabilities Act any form of compensation. In releasing claims unknown to me at present, I am waiving all rights and Sections 503 and 504 benefits under Section 1542 of the Rehabilitation Act California Civil Code, and any law or legal principle of 1973similar effect in any jurisdiction: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." I acknowledge that, among other rights, I am waiving and releasing any rights I may have under the ADEA, that this release and waiver is knowing and voluntary, and that the consideration given for this release and waiver is in addition to anything of value to which prohibit discrimination based on disabilityI was already entitled as an Executive of the Company. I further acknowledge that I have been advised, as required by the Older Workers Benefit Protection Act, that: (a) the release and waiver granted herein does not relate to claims which may arise after this release and waiver is executed; any other federal, state, or local laws prohibiting employment or wage discrimination; (b) I have the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefitsconsult with an attorney prior to executing this release and waiver (although I may choose voluntarily not to do so); and any other federal, state, or local tort or contract claim. ▇▇▇▇ expressly waives all rights that he might have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the if I am over 40 years old upon execution of this Agreement.(c)

Release and Waiver of Claims. In consideration of the benefits to be provided to ▇▇▇▇ Employee pursuant to this Agreement, ▇▇▇▇ Employee—including his heirs and assigns assigns—hereby irrevocably and unconditionally releases, acquits and discharges the City Employer and each of its past, present and future elected officials, department heads, officers, employees, agents, representatives and attorneys from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' ’ fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement. ▇▇▇▇ Employee specifically acknowledges and agrees that he she is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and any claims that he may now have or could have asserted against the CityEmployer. ▇▇▇▇ Employee specifically agrees to release all claims that he may have against the City Employer under many different laws, including but not limited to: the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, and Executive Order 11141, which prohibit age discrimination in employment; Title VII of the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disabilitydisabil- ity; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; the Employee Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' ’ compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's ’s right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefits; and any other federal, state, or local tort or contract claim. ▇▇▇▇ Employee expressly waives all rights that he might have under any law that is intended to protect him her from waiving unknown claims. The City Employer hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ Employee from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' ’ fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event from the beginning of time up to the execution of this Agreement.

Release and Waiver of Claims. In consideration of the payments and other benefits to be provided to set forth in the Change of Control Agreement dated July 14, 2006, between Dot Hill Systems Corp. (the “Company”) and H▇▇▇▇ pursuant to this Agreement, ▇. ▇▇▇▇▇ including his heirs (“Employee”), to which this form is attached, Employee hereby furnishes the Company with the following release and assigns waiver. Employee hereby irrevocably and unconditionally releases, acquits and forever discharges the City and each of Company, its pastofficers, present and future elected officialsdirectors, department heads, officersagents, employees, agentsstockholders, representatives successors, assigns and attorneys affiliates, of and from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actionsdemands, causes of action, suits, rights, demands, costs, lossesexpenses, debts attorneys’ fees, damages, indemnities and expenses (including attorneys' fees obligations of every kind and costs actually incurred)nature, of any nature whatsoeverin law, whether equity, or otherwise, known or and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of at any act, omission, or event from the beginning of time up prior to the execution of this Agreement. ▇▇▇▇ specifically acknowledges and agrees that he is releasing and giving up any right that he may now have under federal or state law or political subdivision thereof and including Employee’s employment termination date with respect to any claims that he may now have or could have asserted against relating to Employee’s employment and the City. ▇▇▇▇ specifically agrees to release all claims that he may have against the City under many different lawstermination of Employee’s employment, including but not limited to: , claims pursuant to any federal, state or local law relating to employment, including, but not limited to, discrimination claims, claims under the California Fair Employment and Housing Act, and the Federal Age Discrimination in Employment ActAct of 1967, as amended (“ADEA”), the Federal Americans with Disabilities Act (“AD”) or claims for wrongful termination, breach of the covenant of good faith, contract claims, tort claims, and wage or benefit claims, including but not limited to, claims for salary, bonuses, commissions, stock, stock options, vacation pay, fringe benefits, severance pay or any form of compensation. Employee also acknowledges that Employee has read and understood Section 1542 of the California Civil Code which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Employee hereby expressly waives and relinquishes all rights and benefits under that section and any law of any jurisdiction of similar effect with respect to any claims Employee may have against the Company. Employee acknowledges that, among other rights, Employee is waiving and releasing any rights Employee may have under ADEA, that this waiver and release is knowing and voluntary, and that the consideration given for this waiver and release is in addition to anything of value to which Employee was already entitled as an employee of the Company. Employee further acknowledges that Employee has been advised, as required by the Older Workers Benefit Protection Act, that: (a) the waiver and Executive Order 11141, release granted herein does not relate to claims which prohibit age discrimination in employmentmay arise after this release and waiver is executed; Title VII of (b) Employee has the Civil Rights Act of 1964, Section 1981 of the Civil Rights Act of 1866, and Executive Order 11246, which prohibit discrimination based on race, color, national origin, religion, or sex; the Americans with Disabilities Act and Sections 503 and 504 of the Rehabilitation Act of 1973, which prohibit discrimination based on disability; any other federal, state, or local laws prohibiting employment or wage discrimination; the Fair Labor Standards Act of 1938 and state laws that regulate wage and hour matters; the Family and Medical Leave Act of 1993; Retirement Income Security Act of 1974; any federal, state, or local laws providing workers' compensation benefits, prohibiting retaliatory or wrongful discharge, otherwise restricting an employer's right to terminate employees, or otherwise regulating employment; claims for breach of contract, promissory estoppel, defamation, slander, or libel; claims for termination pay, severance, or other benefitsconsult with an attorney prior to executing this release and waiver (although Employee may choose voluntarily not to do so); and any other federal(c) if on the date of execution of this release and waiver Employee is age 40 or older, state, or local tort or contract claim. ▇▇▇▇ expressly waives all rights that he might have under any law that is intended to protect him from waiving unknown claims. The City hereby irrevocably and unconditionally releases, acquits and discharges ▇▇▇▇ from any and all from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses then (including attorneys' fees and costs actually incurred), of any nature whatsoever, whether known or unknown, arising out of any act, omission, or event I) Employee has twenty-one (21) days from the beginning of time up date Employee receives this release and waiver, in which to consider this release and waiver (although Employee may choose voluntarily to execute this release and waiver earlier); and (II) Employee has seven (7) days following the execution of this Agreement.release and waiver to revoke Employee’s consent to this release and waiver. This release and waiver shall be effective as of the date of execution hereof; provided that if on the date of execution of this release and waiver Employee is age 40 or older, then this release and waiver shall not be effective until the foregoing seven (7) day revocation period has expired. The date as of which this release and waiver is effective as aforesaid shall be deemed the “Effective Date” hereof. Date: By: