Common use of Release by Employee Clause in Contracts

Release by Employee. Employee hereby releases and forever discharges BSC and its subsidiaries, affiliates, predecessors, successors, and assigns and the Directors, officers, shareholders, insurers, plans, employees, representatives and agents of each of the foregoing (collectively “Releasees”) of and from the following as of the date of the Employee’s execution of this Agreement: (a) Any and all claims, demands, and liabilities whatsoever of every name and nature (other than those arising directly out of this Agreement), including (without limitation) any claim in the nature of so-called whistleblower complaints to the extent permitted by applicable law, and any and all claims, demands and liabilities with respect to Employee’s employment or the terms and conditions or notice of termination or termination of his employment, benefits or compensation which Employee has against Releasees, or ever had, including, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ fees, as related to Employee’s employment, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“ADEA”)), religion, disability, genetic information, or national origin. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSC, c/o ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ III, SVP Human Resources, and that this Agreement shall not become effective or enforceable until the date such revocation period expires (the “Effective Date”). Therefore, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Date.

Release by Employee. Except for any rights created by this Agreement, in consideration of and in return for the promises and covenants undertaken herein by the Company, and for other good and valuable consideration, receipt of which is hereby acknowledged: a. Employee does hereby releases acknowledge full and forever discharges BSC complete satisfaction of and does hereby release, absolve and discharge the Company, and each of its parents, subsidiaries, affiliatesdivisions, predecessorsrelated companies and business concerns, successorspast and present, and assigns and the Directorsas well as each of its partners, trustees, directors, members, officers, shareholdersagents, insurersattorneys, plans, servants and employees, representatives past and agents of present, and each of the foregoing them (hereinafter collectively referred to as “Releasees”) of and from the following as of the date of the Employee’s execution of this Agreement: (a) Any any and all claims, demands, liens, agreements, contracts, covenants, actions, suits, causes of action, grievances, wages, vacation payments, severance payments, obligations, commissions, overtime payments, debts, profit sharing claims, expenses, damages, judgments, orders and liabilities whatsoever of every name and whatever kind or nature (other than those arising directly out in law, equity or otherwise, whether known or unknown to Employee which Employee now owns or holds or has at any time owned or held as against Releasees, or any of this Agreement)them, including (specifically but not exclusively and without limitation) any claim in limiting the nature generality of so-called whistleblower complaints to the extent permitted by applicable lawforegoing, and any and all claims, demands demands, grievances, agreements, obligations and liabilities causes of action, known or unknown, suspected or unsuspected by Employee: (1) arising out of or in any way connected with respect to the Disputes; or (2) arising out of Employee’s employment or the terms and conditions or notice of termination (or termination thereof) with the Company; or (3) arising out of his employmentor in any way connected with any claim, benefits loss, damage or compensation which Employee has against injury whatever, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of the Releasees, or ever hadany of them, includingcommitted or omitted on or before the Effective Date hereof. Without limiting the generality of the foregoing, without limitationEmployee specifically releases the Releasees from any claim for attorneys’ fees. EMPLOYEE ALSO SPECIFICALLY AGREES AND ACKNOWLEDGES EMPLOYEE IS WAIVING ANY RIGHT TO RECOVERY BASED ON STATE OR FEDERAL AGE, SEX, PREGNANCY, RACE, COLOR, NATIONAL ORIGIN, MARITAL STATUS, RELIGION, VETERAN STATUS, DISABILITY, SEXUAL ORIENTATION, MEDICAL CONDITION OR OTHER ANTI-DISCRIMINATION LAWS, INCLUDING, WITHOUT LIMITATION, TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, THE EQUAL PAY ACT, THE AMERICANS WITH DISABILITIES ACT, THE FAMILY AND MEDICAL LEAVE ACT, THE EMPLOYEE RETIREMENT INCOME SECURITY ACT, THE WORKER ADJUSTMENT AND RETRAINING ACT, THE FAIR LABOR STANDARDS ACT, FAIR EMPLOYMENT AND HOUSING ACT, PRIVATE ATTORNEY GENERAL ACT, AND ANY OTHER SECTION OF THE CALIFORNIA LABOR OR GOVERNMENT CODE, OR THE CALIFORNIA INDUSTRIAL WELFARE COMMISSION WAGE ORDERS, ALL AS AMENDED, WHETHER SUCH CLAIM BE BASED UPON AN ACTION FILED BY EMPLOYEE OR BY A GOVERNMENTAL AGENCY. Employee also releases any claims and all other claims, known and unknown, for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contract, express or implied (including but not limited to breach of the employment agreement and any promises made therein); breach of the covenant of good faith and fair dealing; wrongful discharge (including without limitationin violation of public policy; and defamation, any claim for constructive discharge)conspiracy, all claims for infliction of emotional distress, all claims for slanderinvasion of privacy, libelharassment, assault, battery, fraudulent inducement, misrepresentation, or defamation any other tort. b. This release does not (i) release or waive claims or rights that cannot be released as a matter of characterlaw; (ii) any release or waive claims or rights Employee may have to the payments and benefits arising under this Agreement; (iii) release or waive any claims or rights to indemnification, all claims advancement of retaliationexpenses or insurance coverage under any written indemnification agreement between Employee and the Company or any of its parent, and all claims for attorneys’ feessubsidiary or affiliated entities, as related to Employee’s employmentany bylaws, articles of incorporation or other similar corporate governance documents of the Company or any of its parent, subsidiary or affiliated entities, or any directors and officers’ insurance policy or other insurance policy of the Company or any of its parent, subsidiary or affiliated entities; (iv) release or waive any claims or rights to the Accrued Obligations; (v) vested benefits arising under any equity award agreements entered into by Employee and the Company or any of its parent, subsidiary or affiliated entities and/or any vested benefits under employee benefits plans of the Company pursuant to the terms and conditions or termination of his employmentany such plans; (vi) waive Employee’s right to file a charge, benefitstestify, assist, or compensation; and cooperate with the EEOC or any analogous state agency, (cvii) Employee specifically releases and forever discharges Releasees from any and all waiving rights or claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“ADEA”)), religion, disability, genetic information, or national origin. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of may arise after the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of signs this Agreement, or (viii) release claims for unemployment compensation benefits, workers’ compensation benefits, those claims under the Fair Labor Standards Act which cannot be waived pre-litigation without Department of Labor or court approval, health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), or claims with regard to vested benefits under a retirement plan governed by the Employee shall retain the right Retirement Income Security Act (ERISA). The claims and rights not released under this Section 6(b) are collectively referred to revoke this Agreement by written notice to BSC, c/o ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ III, SVP Human Resources, and that this Agreement shall not become effective or enforceable until the date such revocation period expires (herein as the “Effective DateUnreleased Claims”). Therefore, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Date.

Release by Employee. Employee As a material inducement to NPS to enter into this Agreement and in consideration for the payment of the amount set forth in this Agreement, you, for yourself and for all persons claiming by, through, or under you, hereby releases absolutely, irrevocably, completely and forever discharges BSC unconditionally release and its discharge NPS and each of NPS’s subsidiaries, affiliates, predecessors, successors, and assigns and the Directorsassigns, agents, directors, officers, shareholders, insurers, plans, employees, representatives representatives, attorneys and agents all persons acting by, through, under or in concert with any of each of the foregoing them (collectively “Releasees”) of and from the following as of the date of the Employee’s execution of this Agreement: (a) Any any and all claims, demands, charges, grievances, damages, debts, liabilities, accounts, costs, attorney’s fees, expenses, liens, future rights, and liabilities whatsoever causes of action of every name kind and nature (other than those whatsoever based on or in any way arising directly out of this Agreement), including (without limitation) any claim in the nature of so-called whistleblower complaints events or omissions occurring prior to the extent permitted by applicable law, and any and all claims, demands and liabilities with respect to Employee’s employment or the terms and conditions or notice effective date of termination or termination of his employment, benefits or compensation this Agreement (“Claims”). The Claims from which Employee has against Releasees, or ever had, includingyou are releasing Releasees herein include, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known breach of implied or unknown for tortious injuryexpress contract, breach of contractimplied covenant of good faith and fair dealing, and libel, slander, wrongful discharge (including without limitationor termination, any claim for constructive discharge), all claims for infliction of emotional distress, all discrimination and any other claims for slanderunder the Age Discrimination in Employment Act, libelthe Older Workers Benefit Protection Act, or defamation Title VII of characterthe Civil Rights Act of 1964, all claims of retaliationthe Fair Labor Standards Act, the Americans With Disabilities Act, the Utah Antidiscrimination Act, the New Jersey Law Against Discrimination, the Worker Adjustment and Retraining Notification Act (WARN Act), the Employee Retirement Income Security Act (ERISA), and all claims for attorneys’ feesother laws prohibiting age, as related to Employee’s employment, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, colorreligion, sex, sexual orientation, age (national origin, color, disability and other forms of discrimination, claims growing out of any legal restrictions on NPS’s right to terminate its employees, and all other claims arising in any way out of your employment relationship with NPS or the termination of that relationship, whether now known or unknown, suspected or unsuspected, including future rights, based upon or in any claim pursuant way arising out of events or omissions occurring prior to the Federal effective date of this Agreement. You specifically waive any and all claims for back pay, front pay, or any other form of compensation, except as set forth herein. You hereby waive any right to recover damages, costs, attorneys’ fees, and any other relief in any proceeding or action brought against NPS by any other party, including without limitation the Equal Employment Opportunity Commission, the Utah Antidiscrimination and Labor Division, the New Jersey Division of Civil Rights, or other administrative agency asserting any claim, charge, demand, grievance, or cause of action related to your employment relationship with NPS or the termination of that relationship. You are not waiving your rights, if any, to unemployment insurance benefits or workers’ compensation benefits. You further do not waive any rights you may have under the terms of NPS’s pension or other NPS employee benefit plans. You also do not waive any claims or rights under the Age Discrimination in Employment Act (“ADEA”)), religion, disability, genetic information, or national origin. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of which may arise from events occurring after the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSC, c/o ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ III, SVP Human Resources, and that this Agreement shall not become effective or enforceable until the date such revocation period expires (the “Effective Date”). Therefore, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Date.

Release by Employee. In further consideration for the undertakings and promises of the Employer as set forth in this Agreement, Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogers, executors, administrators, heirs, successors and assigns, hereby unconditionally releases and forever discharges BSC the Employer, and each of the Employer’s employees, shareholders, officers, directors, partners, members, including its agents, servants, representatives, attorneys, insurance carriers, parents, subsidiaries, affiliatesjoint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors, and assigns and the Directors, officers, shareholders, insurers, plans, employees, representatives and agents of each all of the foregoing (collectively referred to hereinafter as “ReleaseesReleased Parties”) of and ), from the following as of the date of the Employee’s execution of this Agreement: (a) Any any and all claims, demands, actions, causes of action, obligations, charges, damages, liabilities, attorneys’ fees, and liabilities whatsoever costs of every name kind and nature whatsoever, contingent, or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which Employee had, now has or may claim to have had as of the Effective Date against the Released Parties (other than those whether directly or indirectly) or any of them, by reason of any act or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising directly out of, or based upon claims of this Agreement)harassment, discrimination, and/or retaliation in violation of local, State or Federal law; all claims of violation of public policy, including (without limitation) any a claim in the nature for wrongful termination and/or constructive termination of so-called whistleblower complaints to the extent permitted by applicable lawemployment; all claims based on tort, including claims for assault, battery, and sexual battery, and/or breach of contract, whether written or oral, express or implied, and any covenant of good faith and fair dealing; any claim for unlawful or unfair business practices; all claims for emotional distress; any and all claims, demands claims which were or could have been asserted by Employee; and liabilities with respect all claims generally relating to Employee’s employment or the terms and conditions or notice of termination or termination of his employmentwith, benefits or compensation which Employee has against Releaseesservices rendered to, or ever hadon behalf of, including, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contractEmployer, and wrongful discharge the cessation thereof, including any alleged violation of any federal, state, municipal or 14 Employee Initials _______ other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including without limitation, any claim for constructive dischargethe Equal Pay Act), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ fees; the Employment Retirement Income Security Act, as related to Employee’s employmentamended; Title VII of the Civil Rights Act, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“ADEA”), as amended; the Older Workers Benefit Protection Act (“OWBPA”); the Americans with Disabilities Act; the National Labor Relations Act; the Immigration Reform and Control Act; the Employee Retirement Income Security Act ("ERISA"), religion29 U.S.C. §§1001, disabilityet seq., genetic informationthe Family Medical Leave Act (29 USC §2601, et seq), the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the California Family Rights Act, the California Labor Code, the California Civil Code, the California Private Attorney General Act, the Unfair Business Practices Act/Unfair Competition Law (UCL), the California Government Code, the applicable California Wage Order(s), (all as amended). The identification of specific statutes is for purposes of example only and the omission of any specific statute or national origin. (d) Employee acknowledges that he has been given law shall not limit the opportunity, if he so desires, to consider scope of this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect general release in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSC, c/o ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ III, SVP Human Resources, and that this Agreement shall not become effective or enforceable until the date such revocation period expires (the “Effective Date”). Therefore, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Datemanner.

Release by Employee. In further consideration for the undertakings and promises of the Employer as set forth in this Agreement, Employee on Employee’s own individual behalf and on behalf of Employee’s respective predecessors, agents, attorneys, subrogees, subrogers, executors, administrators, heirs, successors and assigns, hereby unconditionally releases and forever discharges BSC the Employer, and each of the Employer’s employees, shareholders, officers, directors, partners, members, including its agents, servants, representatives, attorneys, insurance carriers, parents, subsidiaries, affiliatesjoint ventures, divisions or affiliated organizations or corporations, whether previously or hereafter affiliated in any manner, and the respective predecessors, successors, and assigns and the Directors, officers, shareholders, insurers, plans, employees, representatives and agents of each all of the foregoing (collectively referred to hereinafter as “ReleaseesReleased Parties”) of and ), from the following as of the date of the Employee’s execution of this Agreement: (a) Any any and all claims, demands, actions, causes of action, obligations, charges, damages, liabilities, attorneys’ fees, and liabilities whatsoever costs of every name kind and nature whatsoever, contingent, or non-contingent, matured or unmatured, liquidated or unliquidated, whether or not known, suspected or claimed, which Employee had, now has or may claim to have had as of the Effective Date against the Released Parties (other than those whether directly or indirectly) or any of them, by reason of any act or omission whatsoever, concerning any matter, cause or thing, including, without limiting the generality of the foregoing, any claims, demands, causes of action, obligations, charges, damages, liabilities, attorneys’ fees and costs relating to, arising directly out of, or based upon claims of this Agreement)harassment, discrimination, and/or retaliation in violation of local, State or Federal law; all claims of violation of public policy, including (without limitation) any a claim in the nature for wrongful termination and/or constructive termination of so-called whistleblower complaints to the extent permitted by applicable lawemployment; all claims based on tort, including claims for assault, battery, and sexual battery, and/or breach of contract, whether written or oral, express or implied, and any covenant of good faith and fair dealing; any claim for unlawful or unfair business practices; all claims for emotional distress; any and all claims, demands claims which were or could have been asserted by Employee; and liabilities with respect all claims generally relating to Employee’s employment or the terms and conditions or notice of termination or termination of his employmentwith, benefits or compensation which Employee has against Releaseesservices rendered to, or ever hadon behalf of, including, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contractEmployer, and wrongful discharge the cessation thereof, including any alleged violation of any federal, state, municipal or other governmental statute, public policy, regulation or ordinance, including but not limited to the following: the Civil Rights Acts of 1866, 1964, and 1991, as amended; 42 U.S.C. § 1981; the Fair Labor Standards Act (including without limitation, any claim for constructive dischargethe Equal Pay Act), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ fees; the Employment Retirement Income Employee Initials _______ Security Act, as related to Employee’s employmentamended; Title VII of the Civil Rights Act, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“ADEA”), as amended; the Older Workers Benefit Protection Act (“OWBPA”); the Americans with Disabilities Act; the National Labor Relations Act; the Immigration Reform and Control Act; the Employee Retirement Income Security Act ("ERISA"), religion29 U.S.C. §§1001, disabilityet seq., genetic informationthe Family Medical Leave Act (29 USC §2601, et seq), the Americans With Disabilities Act (“ADA”), the Fair Labor Standards Act, 29 U.S.C. §§201 et seq., (as amended), the Fair Credit Reporting Act, the Worker Adjustment and Retraining Notification Act, the Genetic Information Nondiscrimination Act, the Immigration Reform and Control Act, the California Fair Employ ment and Housing Act ("FEHA"), Government Code §§12940, et seq., the California Family Rights Act, the California Labor Code, the California Civil Code, the California Private Attorney General Act, the Unfair Business Practices Act/Unfair Competition Law (UCL), the California Government Code, the applicable California Wage Order(s), (all as amended). The identification of specific statutes is for purposes of example only and the omission of any specific statute or national origin. (d) Employee acknowledges that he has been given law shall not limit the opportunity, if he so desires, to consider scope of this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect general release in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSC, c/o ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ III, SVP Human Resources, and that this Agreement shall not become effective or enforceable until the date such revocation period expires (the “Effective Date”). Therefore, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Datemanner.

Release by Employee. In consideration of the covenant not to ▇▇▇ and other consideration recited in paragraph 6 herein, Employee does hereby releases and for his successors and assigns, release, acquit and forever discharges BSC discharge the District and its subsidiariesagents, affiliatesemployees, predecessorsofficers, directors, insurers, attorneys, successors, servants, heirs, executors, administrators, parents, subsidiaries and assigns affiliates (the “Released Parties”) from any and all known and unknown claims, actions, causes of action, demands, rights, damages, wages, salaries, commissions, bonuses, back pay, front pay, job assignments, promotions, transfers, past employment, benefits, including but not limited to health, dental, and life insurance, pension, retirement, stock plan benefits, profit sharing and retirement plan benefits, 401(k) benefits, accrued leave, costs, loss of service, attorneys’ fees, expenses and compensation whatsoever which Employee now has or which may hereafter accrue on account of or in any way relating to the Directorsfacts, officerscircumstances and transactions arising out of or in any way relating to Employee’s employment with the District, shareholdersincluding without limitation any facts, insurerscircumstances, planstransactions, employeesallegations or other matters of any kind, representatives from the beginning of time up to and agents including the date hereof. It is the express intention of each Employee to reserve any rights, claims or causes of actions that Employee may have against any person or entity other than the Released Parties, but to release fully and completely the Released Parties. Therefore, for the consideration hereinabove described, Employee agrees to a reduction of the foregoing (collectively “Releasees”) damages recoverable against all other tortfeasors to the extent of the pro rata share of the liability of the Released Parties, and further agree to indemnify, protect and hold harmless the Released Parties from all judgments, claims, losses or expenses arising out of or by reason of any action, claim or demand by any person on account of the damages sustained by Employee, in any capacity, resulting from the following facts and circumstances relating to Employee’s employment with the District, or any liability or alleged liability under Act 315 of the Acts of Arkansas for 1941, as amended, being the Uniform Contribution Among Tortfeasors Act. In addition to the above, Employee specifically releases any and all claims that he has or may have had against the Released Parties as of the date of the Employee’s his execution of this AgreementAgreement under: a. The Family and Medical Leave Act; b. Title VII of the Civil Rights Act of 1991 (a) 42 U.S.C. §§ 2000(e), et seq.); c. The Age Discrimination in Employment Act, as amended; d. The Civil Rights Acts of 1866, 1871, 1964 and 1991; e. The Americans with Disabilities Act of 1990 (42 U.S.C. § 1211 et seq.); f. The Rehabilitation Act of 1973 (29 U.S.C. § 701, et seq.); g. The Fair Labor Standards Act (29 U.S.C. § 201, et seq.); h. The Equal Pay Act of 1973 (29 U.S.C. Chapter 8, §§ 206(d), et seq.); i. The Consolidated Omnibus Budget and Reconciliation Act of 1985, (29 U.S.C. § 1161, et seq., as amended); j. The Employee Retirement Income and Security Act (29 U.S.C. § 1001, et seq., as amended); k. The Older Workers’ Benefit Protection Act; l. The Arkansas Civil Rights Act; m. The Arkansas Whistle-Blower Protection Act; n. The Arkansas Teacher Fair Dismissal Act, Ark. Code ▇▇▇. §§ 6-17-1501, et seq.; o. Any and all claimsclaims under the laws of any state, demandscounty, and liabilities whatsoever municipality, or other governmental subdivision of every name and nature (other than those arising directly out of this Agreement)the United States or any state, including (without limitation) any claim in but not limited to, the nature State of so-called whistleblower complaints to the extent permitted by applicable law, and any Arkansas; p. Any and all claims, demands and liabilities with respect to Employee’s employment or the terms and conditions or notice of termination or termination of his employment, benefits or compensation which Employee has against Releasees, or ever had, other relevant Federal and/or State statutory and/or common laws including, without limitationbut not limited to, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for intentional infliction of emotional distress, all claims for slanderassault and battery, libeldefamation, or defamation of character, all claims of retaliationintentional interference with a contractual/business relationship, and all claims for attorneys’ fees, as related to Employee’s employment, or the terms and conditions or termination of his employment, benefits, or compensation; and wrongful discharge. (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (hereinafter “ADEAReleased Claims”)), religion, disability, genetic information, or national origin. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSC, c/o ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ III, SVP Human Resources, and that this Agreement shall not become effective or enforceable until the date such revocation period expires (the “Effective Date”). Therefore, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Date.

Release by Employee. Employee hereby releases and forever discharges BSC Boston Scientific and its subsidiaries, affiliates, predecessors, successors, and assigns and the Directors, officers, shareholders, insurers, plans, employees, representatives and agents of each of the foregoing (collectively “"Releasees”") of and from the following as of the date of the Employee’s 's execution of this Agreement: (a) Any and all claims, demands, and liabilities whatsoever of every name and nature (other than those arising directly out of this Agreement), including (without limitation) any claim in the nature of so-called whistleblower complaints to the extent permitted by applicable law, and any and all claims, demands and liabilities with respect to Employee’s 's employment or the terms and conditions or notice of termination or termination of his employment, benefits or compensation which Employee has against Releasees, or ever had, including, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ ' fees, as related to Employee’s 's employment, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“"ADEA”")), religion, disability, genetic information, religion, disability or national origin. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC Boston Scientific acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSCBoston Scientific, c/o Robert G. MacLean, Boston Scientific Corporation, One Boston Scienti▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇, Massachusetts, 01760, or his su▇▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ ▇. ▇▇▇ ▇▇▇▇▇▇▇ III▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇▇▇▇ final, SVP Human Resources, and that this Agreement shall not become effective or enforceable until the date upon which both of the following conditions have been met: (i) such revocation period expires and (ii) the Board of Directors or a designated committee thereof has approved this Agreement (the “"Effective Date”"). Therefore, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Date.

Release by Employee. Employee hereby releases and forever discharges BSC Boston Scientific and its subsidiaries, affiliates, predecessors, successors, and assigns and the Directors, officers, shareholders, insurers, plans, employees, representatives and agents of each of the foregoing (collectively “"Releasees”") of and from the following as of the date of the Employee’s 's execution of this Agreement: (a) Any and all claims, demands, and liabilities whatsoever of every name and nature (other than those arising directly out of this Agreement), including (without limitation) any claim in the nature of so-called whistleblower complaints to the extent permitted by applicable law, and any and all claims, demands and liabilities with respect to Employee’s 's employment or the terms and conditions or notice of termination or termination of his employment, benefits or compensation which Employee has against Releasees, or ever had, including, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ ' fees, as related to Employee’s 's employment, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“"ADEA”")), religion, disability, genetic information, religion, disability or national origin. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC Boston Scientific acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSCBoston Scientific, c/o ▇▇▇▇▇ ▇. ▇▇▇▇▇, Executive Vice President, Human Resources, Boston Scientific Corporation, ▇▇▇ III▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ ▇▇▇▇▇, SVP Human Resources▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇, or her successor, and that this express Agreement shall not become final, effective or enforceable until the date such revocation period expires (the “"Effective Date”"). Therefore, no BSC Boston Scientific obligations will be met and the payment called for by BSC Boston Scientific under Paragraph 22(a), above, shall not be made until the Effective Date (or the Retirement Date, if later).

Release by Employee. Employee Employee, on his own behalf and on behalf of any present and future spouse, heirs, estate, successors and assigns, hereby irrevocably, fully, finally and forever releases and forever discharges BSC the Company, Metretek and its Mercator and any parents, subsidiaries, affiliatesaffiliates and their respective officers, predecessors, successors, and assigns and the Directors, officersdirectors, shareholders, insurers, plans, employees, representatives agents and agents of each of representatives, and their successors and assigns (the foregoing (collectively “Releasees”"Company Released Parties") of from and from the following as of the date of the Employee’s execution of this Agreement: (a) Any against any and all claims, demands, obligations, responsibilities and causes of actions of any kind or nature whatsoever, whether statutory, tort, contract or any other theory of recovery, in law or equity, and whether now known or unknown, which Employee now has, ever had or in the future may have accruing on or at any time prior to the date hereof, based on or in any way relating to the Company, Metretek or Mercator, and the Termination Instruments and Employee's employment with the Company or the termination of that employment, including, but not limited to, any and all claims of Employee: (i) arising or which may arise out of or relating to Employee's relationship with the Company, Metretek or Mercator as an officer, director, employee, shareholder, creditor or any other capacity; (ii) arising under the Terminated Instruments and any other contract, expressed or implied, written or oral (except as otherwise expressly provided herein); (iii) for wrongful dismissal or termination of employment; (iv) relating to back wages, salary, overtime, bonuses, commissions, reinstatement, insurance coverage, benefits, premiums, medical expenses, business expenses, or other employee compensation or benefits; (v) arising under any applicable federal, state, local or foreign statute, law, order, ordinance, regulation or the like, or case law, that relate to employment or employment practices, including those that prohibit discrimination based upon age, race, color, religion, sex, national origin, handicap, disability or any other protected characteristic or unlawful basis, including, but not limited to, any claim under the Age Discrimination in Employment Act of 1967 (as amended by the Older Worker's Benefit Protection Act of 1990), the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Equal Pay Act of 1963, the Fair Labor Standards Act, Section 1981 of the Civil Rights Acts of 1866 and 1871, the Vietnam Era Veterans Readjustment Assistance Act, the Family Medical Leave Act of 1993, the Employee Retirement Income Security Act of 1990, the American with Disability Act of 1992 (each of such Acts, as amended), and any similar statutes, laws, orders, ordinances, regulations or the like, or case law, of the State of Colorado, or any political subdivision thereof; (vi) arising under or based upon any other federal, state, local or foreign statute, law, order, rule, regulation, ordinance on the like, or case law; (vii) related to wrongful or retaliatory discharge, breach of contract, harassment, tortious or harassing conduct, breach of public policy, infliction of emotional or mental injury or distress, physical or mental injury, pain and suffering, negligent and intentional torts, fraud, misrepresentation, defamation, libel, slander, interference with contract, breach of fiduciary duty or any other theory of recovery by Employee as an employee or concerning compensation, wages, hours, or terms or conditions; and (viii) any and all claims for damages, including without limitation, punitive or compensatory damages, or for attorney's fees, expenses, costs, wages, injunctive or equitable relief; provided, however, that such release and discharge shall not apply to the Company's obligations to indemnify and hold Employee harmless from and against any and all costs, including attorney's fees, and liabilities whatsoever that Employee may incur as a result of every name having been an officer, director or employee of the Company, and nature (other than those arising directly out of this Agreement), including (without limitation) the Company hereby agrees to indemnify and hold Employee harmless from and against any claim in the nature of so-called whistleblower complaints and all costs and liabilities to the extent permitted by applicable law, Delaware laws and any the Company's Certificate of Incorporation and all claims, demands and liabilities with respect to Employee’s employment or the terms and conditions or notice of termination or termination of his employment, benefits or compensation which Employee has against Releasees, or ever had, including, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ fees, as related to Employee’s employment, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“ADEA”)), religion, disability, genetic information, or national originBylaws. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSC, c/o ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ III, SVP Human Resources, and that this Agreement shall not become effective or enforceable until the date such revocation period expires (the “Effective Date”). Therefore, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Date.

Release by Employee. Employee hereby releases and forever discharges BSC and its subsidiaries, affiliates, predecessors, successors, and assigns and the Directors, officers, shareholders, insurers, plans, employees, representatives and agents of each In consideration of the foregoing (collectively “Releasees”) payment described above, Employee, individually and on behalf of and from the following as of the date of the Employee’s execution of this Agreement: (a) Any and all claimshis spouse, demandsheirs, and liabilities whatsoever of every name and nature (other than those arising directly out of this Agreement)administrators, including (without limitation) any claim in the nature of so-called whistleblower complaints to the extent permitted by applicable lawexecutors, assigns, and any and all others claiming rights through him or acting on his behalf, hereby irrevocably and unconditionally releases, waives and forever discharges Employer and all of its parents, subsidiaries, or otherwise affiliated corporations, partnerships or business enterprises, and their respective present, future and former directors, shareholders, officers, employees, assigns, representatives, agents, insurers, attorneys, successors, predecessors, and employee benefit administrators (hereinafter “Released Parties”), from any and all causes of action, actions, complaints, debts, claims, demands and liabilities with respect to Employee’s employment charges, demands, losses, damages (money or the terms and conditions or notice of termination or termination of his employment, benefits or compensation which Employee has against Releasees, or ever had, including, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive dischargeotherwise), all claims for infliction of emotional distresscosts, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ fees, as related promises, obligations, and liabilities of any kind whatsoever, state, federal, in law or in equity, whether known or unknown, that he may have or claim to have against the Released Parties, in any way relating to or arising out of or in any way connected with Employee’s employmentemployment with Employer, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees that employment from any and all claims based upon any allegation the beginning of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“ADEA”)), religion, disability, genetic information, or national origin. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from time through the date of the execution of this Agreement. This release includes, but is not limited to: a. All claims for breach of expressed or implied contract, promissory estoppel, negligent and fraudulent misrepresentation, defamation, unjust enrichment, statutory claims for wages, vacation, deferred compensation and penalties, discrimination, wrongful termination, or any other theory of statutory, contract or tort liability; b. All claims for mental anguish, pain and suffering, damage to reputation, punitive damages, attorneys’ fees, wages, bonuses, penalties, equity, stock, fringe benefits, deferred compensation, severance pay or any other compensation; and c. All claims under federal, state or local laws prohibiting discrimination or retaliation, including but not limited to the Age Discrimination in Employment Act of 1967, Title VII of the Civil Rights Act of 1964, the Civil Rights Act of 1991, the Family Medical Leave Act, the Americans with Disabilities Act, the National Labor Relations Act, the Employee shall retain Retirement Income Security Act of 1974; the right to revoke this Agreement by written notice to BSCFair Labor Standards Act of 1938; the Worker Adjustment and Retraining Act, c/o ▇▇▇▇ ▇. the Older Workers Benefits and Protection Act, the S▇▇▇▇▇▇▇-▇▇▇▇▇ IIIAct, SVP the Minnesota Human ResourcesRights Act, the Minnesota Whistleblower Statute, and any other federal or state law relating to employment. Employee agrees not to pursue or bring before any federal, state or other governmental authority or court any claim, complaint or charge against any of the Released Parties relating to any of the matters released hereby, and further, Employee agrees that this Agreement shall he is not become effective entitled to any remedy or enforceable until the date relief if he were to pursue any such revocation period expires (the “Effective Date”). Thereforeclaim, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Datecomplaint or charge.

Release by Employee. Except for the rights and benefits provided or referenced in this Agreement, Employee hereby releases and forever discharges BSC and its subsidiaries, affiliates, predecessors, successors, and assigns and the Directors, officers, shareholders, insurers, plans, employees, representatives and agents of each of the foregoing (collectively “Releasees”) of and from the following as of the date of the Employee’s execution of this Agreement: (a) Any and all claims, demands, and liabilities whatsoever of every name and nature (other than those arising directly out of this Agreement), including (without limitation) any claim in the nature of so-called whistleblower complaints to the extent permitted by applicable law, and any and all claims, demands and liabilities with respect to Employee’s employment or the terms and conditions or notice of termination or termination of his employment, benefits or compensation which Employee has against Releasees, or ever had, including, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ fees, as related to Employee’s employment, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“ADEA”)), religion, disability, genetic information, or national origin. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSC, c/o ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ III, SVP Human Resources, and that this Agreement shall not become effective or enforceable until the date such revocation period expires (the “Effective Date”). Therefore, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Date.

Release by Employee. As a material inducement to Company to make the payments described in this Agreement, Employee hereby releases irrevocably and unconditionally releases, acquits and forever discharges BSC Company and its subsidiarieseach of Company’s owners, affiliatespartners, stockholders, predecessors, successors, successors and assigns (and the Directorsagents, directors, officers, shareholders, insurers, plans, employees, representatives and agents of each attorneys of the foregoing Company), and all persons acting by, through, under or in concert with any of them (collectively collectively, “ReleaseesReleased Persons”) ), from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs (except as otherwise provided hereunder), losses, debts and expenses (including attorney’s fees and costs actually incurred), of any nature whatsoever, whether known or unknown (collectively, “Claims”), arising out of or relating in any way to his employment with Company or his retirement from the following as Company, which Employee now has, owns or holds, or claims to have, own or hold, or which Employee at any time hereafter may have, own or hold, or claim to have, own or hold, arising out of events prior to the date of the Employee’s execution of this Agreement: (a) Any Agreement and all claimsbetween that date and the Retirement Date that are, demands, could have been or could be asserted against any of Released Persons in any action against any of them. Employee acknowledges and liabilities whatsoever of every name agrees that he is releasing and nature (other than those arising directly out of this Agreement)giving up any right or claim under federal or state law or any political subdivision thereof, including (without limitation) any claim but not limited to Title VII of the Civil Rights Acts of 1964 which prohibits discrimination in employment based on age, race, color, national origin, religion or sex; the nature of so-called whistleblower complaints to Americans with Disabilities Act, which prohibits discrimination in employment based upon physical or mental disabilities; the extent permitted by applicable law, Family and any and all claims, demands and liabilities with respect to Employee’s employment or Medical Leave Act; the terms and conditions or notice of termination or termination of his employment, benefits or compensation which Employee has against Releasees, or ever had, including, without limitationRetirement Income Security Act; and, any other federal, state or local laws or regulations prohibiting employment discrimination or protecting employee rights. Employee also acknowledges and agrees that he is releasing and giving up any claims he has or may have had against Released Persons for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included other tortious or unlawful conduct. Employee expressly acknowledges that this Agreement is intended to include in the aboveits effect, without limitation, all claims of Employee against any of Released Persons in any lawsuit, whether known or unknown for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ fees, as related to Employee’s employment, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“ADEA”)), religion, disability, genetic information, or national origin. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSC, c/o ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ III, SVP Human Resources, and that this Agreement shall contemplates the extinguishment of such claim or claims. This release does not become effective include, however, a release of Employee’s right, if any, to retiree health or enforceable until the date such revocation period expires (the “Effective Date”). Therefore, no BSC similar benefits under Company’s applicable retirement program or those obligations will be met and payment called for created by BSC under Paragraph 2, above, shall not be made until the Effective Datethis Agreement.

Release by Employee. Employee hereby releases and forever discharges BSC and its subsidiaries, affiliates, predecessors, successors, and assigns and the Directors, officers, shareholders, insurers, plans, employees, representatives and agents of each of the foregoing (collectively “"Releasees”") of and from the following as of the date of the Employee’s execution of this Agreement: (a) Any and all claims, demands, and liabilities whatsoever of every name and nature (other than those arising directly out of this AgreementAgreement and/or the Indemnification Agreement between the parties effective as of November 3, 1997 attached as Attachment 2, and/or the Consulting Agreement between the parties executed contemporaneously herewith and attached as Attachment 3), including (without limitation) any claim in the nature of so-called whistleblower complaints to the extent permitted by applicable law, and any and all claims, demands and liabilities with respect to Employee’s 's employment or the terms and conditions or notice of termination or termination of his employment, benefits or compensation which Employee has against Releasees, or ever had, including, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown which reasonably could have been known for tortious injury, breach of contract, and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ ' fees, as related to Employee’s employment's employment by BSC, or the terms and conditions or termination of his employment, benefits, or compensation; and (c) Employee specifically releases and forever discharges Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“"ADEA”")), religion, disability, genetic information, disability or national origin. (d) Employee acknowledges that he has been given the opportunity, if he so desires, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes the Agreement within less than twenty-one (21) days of the date of its delivery to him, he acknowledges that such decision was entirely voluntary and that he had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee shall retain the right to revoke this Agreement by written notice to BSC, c/o ▇▇▇▇ ▇. ▇▇▇▇▇▇▇ III, SVP Human Resources, and that this Agreement shall not become effective or enforceable until the date such revocation period expires (the “Effective Date”). Therefore, no BSC obligations will be met and payment called for by BSC under Paragraph 2, above, shall not be made until the Effective Date.event

Release by Employee. Employee You hereby releases release and forever discharges discharge BSC and its subsidiaries, affiliates, predecessors, successors, and assigns and the Directors, officers, shareholders, insurers, plans, employees, representatives and agents of each of the foregoing (collectively “Releasees”) of and from the following as of the date of the Employee’s your execution of this Agreement: (a) Any and all claims, demands, and liabilities whatsoever of every name and nature (other than those arising directly out of this AgreementAgreement and/or the Directors and Officers Indemnification Agreement referenced below, and those you may have for workers compensation benefits, equity, BSC’s 401(k) plan and deferred compensation plan, that, in each instance, are vested as of the Separation Date, or under COBRA or unemployment compensation), including (without limitation) any claim in the nature of so-called whistleblower complaints to the extent permitted by applicable law, and any and all claims, demands and liabilities with respect to Employee’s your employment or the terms and conditions or notice of termination or termination of his your employment, benefits or compensation which Employee has you have against Releasees, or ever had, including, without limitation, any claims for benefits under the BSC Severance Pay and Layoff Notification Plan; (b) As included in the above, without limitation, all claims known or unknown for tortious injury, breach of contractcontract (other than claims for breach of this Agreement and/or the Directors and Officers Indemnification Agreement referenced below), and wrongful discharge (including without limitation, any claim for constructive discharge), all claims for infliction of emotional distress, all claims for slander, libel, or defamation of character, all claims of retaliation, and all claims for attorneys’ fees, as related to Employee’s your employment, or the terms and conditions or notice of termination or termination of his your employment, benefits, or compensation; and (c) Employee You specifically releases release and forever discharges discharge Releasees from any and all claims based upon any allegation of employment discrimination, including (without limitation) discrimination on the basis of race, color, sex, sexual orientation, age (including any claim pursuant to the Federal Age Discrimination in Employment Act (“ADEA”))age, religion, disability, genetic information, testing or national origin; provided that this sentence shall not have any effect on your ability to participate in any investigation or proceedings conducted by the Equal Employment Opportunity Commission (“EEOC,” which term hereinafter shall be deemed to refer to the EEOC or any state or local fair employment practices agency); provided, however, that you do release your right to secure damages for any alleged discriminatory, harassing or retaliatory treatment. (d) Employee acknowledges In accordance with the Older Workers Benefit Protection Act, you expressly acknowledge and agree that, by entering into this Agreement, you are waiving any and all rights or claims that he has you may have under the Age Discrimination in Employment Act of 1967 (“ADEA”), as amended, arising on or before the date you execute this Agreement. You further expressly acknowledge and agree that you have been given the opportunity, if he you so desiresdesire, to consider this Agreement for twenty-one (21) days before executing it. In the event that Employee executes you execute the Agreement within less than twenty-one (21) days of the date of its delivery to himyou, he acknowledges you acknowledge that such decision was entirely voluntary and that he you had the opportunity to consider this Agreement for the entire twenty-one (21) day period. Employee agrees You agree that any modifications, material or otherwise, made to this Agreement do not restart or affect in any manner the original twenty-one (21) day consideration period. BSC acknowledges that for a period of seven (7) days from the date of the execution of this Agreement, Employee you shall retain the right to revoke this Agreement by written notice to BSC, Boston Scientific c/o ▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇, ▇▇. Vice President, Human Resources, ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇▇ III▇▇▇▇▇, SVP Human Resources▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇-▇▇▇▇, or her successor, and that this express Agreement shall not become effective or enforceable until the date such revocation period expires (the “Effective Date”). Therefore, no BSC obligations will be met and payment payments called for by BSC under Paragraph 2, aboveother than Paragraph 2(c) hereto, shall not be made until after the Effective Date.