Common use of Release by Employee Clause in Contracts

Release by Employee. (a) Except for those obligations of Employer created by or arising out of this Agreement, Employee hereby acknowledges full and complete satisfaction of and releases and discharges and covenants not to xxx Employer and each of its affiliated entities, and each of their directors, managers, officers, members, shareholders, representatives, assignees, and successors, past and present (collectively, “Releasees”), from and with respect to any and all claims, wages, agreements, obligations, demands and causes of action, known or unknown, suspected or unsuspected, by Employee arising out of or in any way connected with Employee’s employment relationship with Employer, or Employee’s separation from employment with Employer, or any other transactions, occurrences, losses, damages or injuries, known or unknown, suspected or unsuspected, resulting from any act or omission by or on the part of any of the Releasees, committed or omitted prior to the date that Employee signs this Agreement, whether based on contract, tort, or any federal, foreign, state or local common law, regulation, constitution or statute (including but not limited to the various non-discrimination statutes under federal and applicable state law) (collectively, “Claims”); provided, however, that the following obligations of Employer to Employee shall not be considered Claims subject to the releases set forth herein: (i) any right to a defense and/or indemnification that Employee may have under California Labor Code section 2802, under the Employment Agreement or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee, (ii) any vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Releasees in any court, agency, or other forum with regard to any Claims.

Release by Employee. (a) Except Employee, for those obligations of Employer created by or arising out Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the Company, which is defined for the purposes of this AgreementSection 4 to include the Company and any affiliated company, Employee hereby acknowledges full and complete satisfaction of and releases and discharges and covenants not to xxx Employer and each of its affiliated entitiesparent company or subsidiary, and each of their respective predecessors, affiliates, assigns, members, directors, managers, officers, membersand employees, shareholders, representatives, assignees, and successors, whether past and present (collectively, “Releasees”)or present, from and with respect to any and all actions, suits, debts, demands, damages, claims, wagesjudgments, agreementsliabilities, obligationsbenefits or other remedial relief of any nature, demands including costs and causes of actionattorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement, including, but not limited to, all claims arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by Employee way of example only) (i) any claim arising out of or related to contract (including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law or equity, mental and/or emotional distress, back pay, front pay, loss of income, and including all claims for wages, commissions, notice, pay in any way connected with Employee’s lieu of notice, severance pay, bonus, impairment of economic opportunity, reimbursements, commissions, implied or express employment relationship with Employercontracts and/or estoppel, or Employee’s separation from employment (ii) any claims for alleged violations under: The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended (but solely with Employerrespect to unvested benefits); The Immigration Reform Control Act, as amended; The Americans with Disabilities Act of 1990, as amended; The Age Discrimination in Employment Act of 1967, as amended; The Fair Labor Standards Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; The New York State Human Rights Law, as amended; The New York Wage and Hour Laws, as amended; The New York Equal Pay Laws, as amended; the New York Civil Rights Laws, as amended; The New York State Executive Laws, as amended; The Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”) (except as set forth in Section 4(e) below); The Xxxxxxxx-Xxxxx Act of 2002; or any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance, including without limitation any law, regulation or ordinance of the State of New York, or any local jurisdiction within the State. In addition, and without limiting the foregoing, Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the shareholders, licensors, agents, outside professional service providers and attorneys of the Company, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other transactionsremedial relief of any nature, occurrencesincluding costs and attorneys’ fees, losses, damages or injuries, whether known or unknown, suspected or unsuspected, resulting anticipated or unanticipated, which Employee has or may have from any act or omission by or on the part of any beginning of the Releasees, committed or omitted prior world to the date that Employee signs of Employee’s execution of this AgreementAgreement arising out of Employee’s employment with the Company, whether based on contractits subsidiaries, tortparent companies and affiliates, or any federaltheir predecessors, foreignsuccessors and assigns, state or local common lawincluding, regulation, constitution or statute (including but not limited limited, to the various non-discrimination statutes under federal and applicable state law) (collectively, “Claims”); provided, however, that the following obligations of Employer to Employee shall not be considered Claims subject to the releases set forth herein: claims identified in clauses (i) any right to a defense and/or indemnification that Employee may have under California Labor Code section 2802, under the Employment Agreement or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee, (ii) any vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Releasees in any court, agency, or other forum with regard to any Claimsabove.

Release by Employee. (a) Except Employee, for those obligations of Employer created by or arising out Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the Company, which is defined for the purposes of this AgreementSection 4 to include the Company and any affiliated company, Employee hereby acknowledges full and complete satisfaction of and releases and discharges and covenants not to xxx Employer and each of its affiliated entitiesparent company or subsidiary, and each of their respective predecessors, affiliates, assigns, members, directors, managers, officers, membersand employees, shareholders, representatives, assignees, and successors, whether past and present (collectively, “Releasees”)or present, from and with respect to any and all actions, suits, debts, demands, damages, claims, wagesjudgments, agreementsliabilities, obligationsbenefits or other remedial relief of any nature, demands including costs and causes of actionattorneys’ fees, whether known or unknown, suspected or unsuspected, anticipated or unanticipated, which Employee has or may have from the beginning of the world to the date of Employee’s execution of this Agreement, including, but not limited to, all claims arising out of Employee’s employment with the Company, its subsidiaries, parent companies and affiliates, their predecessors, successors and assigns, such as (by Employee way of example only) (i) any claim arising out of or related to contract (including, but not limited to, the Employment Agreement), quasi contract, tort, tortious course of conduct, libel or slander, defamation, privacy rights, public policy, law or equity, mental and/or emotional distress, back pay, front pay, loss of income, and including all claims for wages, commissions, notice, pay in any way connected with Employee’s lieu of notice, severance pay, bonus, impairment of economic opportunity, reimbursements, commissions, implied or express employment relationship with Employercontracts and/or estoppel, or Employee’s separation from employment (ii) any claims for alleged violations under: The National Labor Relations Act, as amended; Title VII of the Civil Rights Act of 1964, as amended; The Civil Rights Act of 1991; Sections 1981 through 1988 of Title 42 of the United States Code, as amended; The Employee Retirement Income Security Act of 1974, as amended; The Immigration Reform Control Act, as amended; The Americans with EmployerDisabilities Act of 1990, as amended; The Age Discrimination in Employment Act of 1967, as amended; The Fair Labor Standards Act, as amended; The Occupational Safety and Health Act, as amended; The Family and Medical Leave Act of 1993; The New York State Human Rights Law, as amended; The New York Wage and Hour Laws, as amended; The New York Equal Pay Laws, as amended; the New York Civil Rights Laws, as amended; The New York Workers Compensation Laws, as amended; The New York State Executive Laws, as amended; The Consolidated Omnibus Budget Reconciliation Act, as amended (“COBRA”); The Xxxxxxxx-Xxxxx Act of 2002; or any other federal, state or local civil or human rights law or any other local, state or federal law, regulation or ordinance, including without limitation any law, regulation or ordinance of the State of New York, or any local jurisdiction within the State. In addition, and without limiting the foregoing, Employee, for Employee, Employee’s successors, administrators, heirs and assigns, hereby fully and generally releases, waives and forever discharges the shareholders, licensors, agents, outside professional service providers and attorneys of the Company, whether past or present, from any and all actions, suits, debts, demands, damages, claims, judgments, liabilities, benefits or other transactionsremedial relief of any nature, occurrencesincluding costs and attorneys’ fees, losses, damages or injuries, whether known or unknown, suspected or unsuspected, resulting anticipated or unanticipated, which Employee has or may have from any act or omission by or on the part of any beginning of the Releasees, committed or omitted prior world to the date that Employee signs of Employee’s execution of this AgreementAgreement arising out of Employee’s employment with the Company, whether based on contractits subsidiaries, tortparent companies and affiliates, or any federaltheir predecessors, foreignsuccessors and assigns, state or local common lawincluding, regulation, constitution or statute (including but not limited limited, to the various non-discrimination statutes under federal and applicable state law) (collectively, “Claims”); provided, however, that the following obligations of Employer to Employee shall not be considered Claims subject to the releases set forth herein: claims identified in clauses (i) any right to a defense and/or indemnification that Employee may have under California Labor Code section 2802, under the Employment Agreement or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee, (ii) any vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Releasees in any court, agency, or other forum with regard to any Claimsabove.

Release by Employee. In exchange for the benefits set forth in the Separation Agreement entered into by and between the Company and Employee, dated as of June 13, 2022, (athe “Agreement”) Except to which this Release is an exhibit, and for those obligations other good and valuable consideration, the receipt and adequacy of Employer created by or arising out of this Agreementwhich are hereby acknowledged, Employee hereby acknowledges full agrees unconditionally and complete satisfaction of forever to release and releases discharge the Company and discharges the Company’s affiliated, related, parent and covenants not to xxx Employer subsidiary corporations, as well as their respective past and each of its affiliated entitiespresent parents, and each of their directorssubsidiaries, managersaffiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, insurers, owners, employees, officers, membersdirectors and all persons acting by, shareholdersthrough, representativesunder, assigneesor in concert with them, and successors, past and present or any of them (collectively, hereinafter the “Releasees”), ) from and with respect to any and all manner of claims, wagesactions, agreements, obligations, demands and causes of action, in law or in equity, demands, rights, or damages of any kind or nature which he or she may now have, or ever have, whether known or unknown, suspected fixed or unsuspectedcontingent, including any claims, causes of action or demands of any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by Employee arising out reason of any and all acts, omissions, events or in any way connected with facts occurring or existing prior to Employee’s employment relationship execution of this Release. The Claims released hereunder specifically include, but are not limited to, any claims for fraud; breach of contract; breach of implied covenant of good faith and fair dealing; inducement of breach; interference with Employer, contract; wrongful or Employee’s separation from employment with Employer, unlawful discharge or demotion; violation of public policy; sexual or any other transactionstype of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, occurrencesbenefits, lossesvacation pay, damages severance pay, commissions, equity, attorneys’ fees, or injuriesother compensation of any sort; failure to accommodate disability, known including pregnancy; discrimination or unknown, suspected or unsuspected, resulting from any act or omission by or harassment on the part basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers’ Protection Benefit Act of 1990; Title VII of the ReleaseesCivil Rights Act of 1964, committed as amended, by the Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee Retirement Income Security Act, as amended, 29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act, as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; violations of the South Carolina Human Affairs Law and Sections 37-5-106 (termination of an employee because a creditor garnished the employee’s wages), 41-1-20 (unlawful discrimination against union members), 41-1-30 (unlawful termination of an employee replaced by an unauthorized alien), 41-1-70 (wrongful demotion or omitted prior to termination of an employee for complying with a subpoena or serving on a jury), 41-1-80 (retaliation against employees for instituting or participating in workers' compensation claims), 41-1-85 (adverse personnel action against employees for using tobacco products outside the date that Employee signs this Agreementworkplace), whether based and 53-1-110 (discrimination against employees who conscientiously oppose working on contract, tort, or Sundays) of the South Carolina Code; and any federal, foreign, state or local common law, regulation, constitution or statute (including but not limited to the various non-discrimination statutes under federal and applicable state law) (collectively, “Claims”); provided, however, that the following obligations laws of Employer to Employee shall not be considered Claims subject to the releases set forth herein: (i) any right to a defense and/or indemnification that Employee may have under California Labor Code section 2802, under the Employment Agreement or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee, (ii) any vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Releasees in any court, agency, or other forum with regard to any Claimssimilar effect.

Release by Employee. (a) Except for those obligations In consideration of Employer created by or arising out the payments and benefits under Section 4 of this Agreement and Release, the Company’s entry into the Consulting Agreement, Employee and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledges acknowledged, as a full and complete satisfaction final settlement, Employee, for and on behalf of Employee and Employee’s spouse, heirs, administrators, children, representatives, executors, successors, assigns, and any other individual or entity claiming through Employee (collectively, the “Releasors”), releases and discharges and covenants not to xxx Employer the Company and each member of its affiliated entitiesthe Company Group, and each of their past, present, and future officers, directors, managersprincipals, officersagents, membersemployees, parents, shareholders, representativespartners, assigneessubsidiaries, holding companies, affiliates, predecessors, successors, assigns, insurers, compensation and benefit plans and administrators, trustees, fiduciaries, and successors, past insurers of such compensation and present (collectively, “Releasees”)benefit plans, from and with respect to any and all claims, wages, agreements, obligations, demands claims and causes of actionaction (except for claims arising specifically from a breach of this Agreement and Release or the Consulting Agreement in accordance with their terms), whether known or unknown, suspected or unsuspected, by Employee arising out of or in any way connected with related to Employee’s employment relationship with Employerand any other events or transactions that precede the date of execution of this Agreement and Release. The entities released in the foregoing sentence shall be referred to collectively as the “Company Released Parties.” The claims and causes of action released by Employee include, but are not limited to, the following: contract claims; claims for salary, benefits, bonuses, severance pay, workers’ compensation claims, to the extent permitted by applicable law, commissions, or vacation pay; claims sounding in negligence or tort; fraud claims; claims for medical bills; all matters in law, in equity, or pursuant to statute, including damages, attorneys’ fees, costs, and expenses; and, without limiting the generality of the foregoing, to all claims, including, but not limited to, those arising under Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act of 1967, as amended, the Older Workers’ Benefit Protection Act, the Equal Pay Act, the Consolidated Omnibus Budget Reconciliation Act, the Employee Retirement Income Security Act of 1974, as amended, the Civil Rights Act of 1991, the Family and Medical Leave Act of 1993, and the Americans with Disabilities Act of 1990, the Genetic Information Nondiscrimination Act, the Occupational Safety & Health Act, the Worker Adjustment and Retraining Notification Act of 1988, the Xxxx–Xxxxx Xxxx Street Reform and Consumer Protection Act, the National Labor Relations Act, Section 1981 of the Civil Rights Act of 1866, the Sarbanes Oxley Act of 2002, the Texas Labor Code as amended (including the Texas Commission on Human Rights Act, Tex. Lab. Code § 21.001 et seq., the Texas Equal Work, Equal Pay Law, Tex. Gov’t Code Xxx. § 659.001, Texas Whistleblower Protection Law, Tex. Gov’t Code Xxx. § 554.002, Texas Worker’s Compensation Retaliation Law, Tex. Lab. Code Xxx. § 451.001, Texas Blacklisting Law, Tex. Lab. Code Xxx. § 52.031, Texas Payment of Wages Law, Tex. Lab. Code Xxx. § 61.011 et seq., Texas Minimum Wage Law, Tex. Lab. Code Xxx. § 62.051 et seq., Texas AIDS Testing Law, Tex. Health & Safety Code Xxx. § 81.101 et seq.), the Louisiana Revised Statutes as amended (including the Louisiana Employment Discrimination Law, La. R.S. §§ 23:301-23:369, Louisiana Worker’s Compensation Act, La. R.S. §§ 23:1021-23:1415, Article 2315 of the Louisiana Civil Code), the Code of the District of Columbia as amended (including the District of Columbia Human Rights Act, D.C. Code Xxx. §§ 1-2501-1-2557, District of Columbia Family and Medical Leave Act, District of Columbia Accrued Sick and Safe Leave Act, District of Columbia Safety and Health Act of 1988, District of Columbia Parental Leave Act, Protecting Pregnant Workers Fairness Act of 2014, the Fair Criminal Record Screening Act, the District of Columbia Equal Pay Law, the anti-retaliation provisions of the District of Columbia Workers’ Compensation Law, the District of Columbia Whistleblower Reinforcement Act), and any other federal, state, or local law, statute, or ordinance affecting Employee’s separation from employment with Employerany of the Company Released Parties. This Agreement and Release does not apply to any claims or rights that may arise after the date Employee signs this Agreement and Release, to claims to payments and benefits under this Agreement and Release or the Consulting Agreement, or to claims that may not be released by agreement under applicable law. In addition, this Agreement and Release does not waive Employee’s rights to coverage, or any other transactionsrights as an insured, occurrences, losses, damages or injuries, known or unknown, suspected or unsuspected, resulting from under any act or omission by or on the part of any directors and officers liability insurance policy of the ReleaseesCompany or its affiliates, committed or omitted prior which shall continue to cover the date that Employee signs this Agreement, whether based on contract, tortin accordance with its terms, or any federal, foreign, state or local common law, regulation, constitution or statute rights to indemnification (including but not limited to the various non-discrimination statutes under federal and applicable state lawadvancement of expenses) (collectively, “Claims”); provided, however, that the following obligations of Employer to Employee shall not be considered Claims subject to the releases set forth herein: (i) any right to a defense and/or indemnification that Employee may have has under California Labor Code section 2802applicable law or the organizational documents of the Company, including, without limitation, under Article VI (“Indemnification and Advancement of Expenses”) of the Employment Agreement Amended and Restated By-Laws of the Company or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee, (ii) any vested benefits payable under, and pursuant to the terms ofIndemnification Agreement by and between Employee and the Company, any retirement plan (excluding any severance benefits) covering Employeedated as of September 19, and (iii) any claims that cannot be released as a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Releasees in any court, agency, or other forum with regard to any Claims2019.

Release by Employee. Employee, on Employee’s own behalf and for Employee’s spouse, agents, successors, heirs, executors, administrators, and assigns (a) Except for those obligations of Employer created by or arising out of this Agreementcollectively, Employee the “Releasors”), hereby acknowledges full irrevocably and complete satisfaction of and unconditionally forever releases and discharges the Company, its parents, divisions, direct or indirect subsidiaries and covenants not to xxx Employer affiliates, and each of its affiliated entitiesand their current and former directors, officers, shareholders, insurers, benefit plans, representatives, agents, trustees, administrators, attorneys, and employees, and each of their directorspredecessors, managerssuccessors, officersparents, members, shareholders, representatives, assigneesjoint ventures, and successorsassigns, past and present (collectively, the “Releasees”), from and with respect to any and all claimsmanner of existing actual or potential claims or liabilities, including, but not limited to, any claims arising out of or related to Employee’s employment and separation from employment with the Company (including its predecessors, successors, or affiliates), including, but not limited to, any claims for wages, agreementscommissions, obligationsbonuses, demands reimbursements, vacation pay, allowances, or other compensation, and claim for any benefits under the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) (except for claims for vested ERISA benefits), any claims for discrimination, harassment, or retaliation of any kind or based upon any legally protected classification or activity, any claim under the Age Discrimination in Employment Act, the Older Workers Benefit Protection Act, the Americans with Disabilities Act, the Worker Adjustment and Retraining Notification Act, any claim for workers' compensation retaliation, and any federal, state, or local statute, ordinance, or regulation, as well as any amendments to any such laws; common law claims or causes of actionaction relating to any claim released, breach of contract or public policy, defamation, personal or business injury, personal injury not covered by workers’ compensation benefits, misrepresentation, negligence, fraud, estoppel, infliction of emotional distress, contribution, indemnification, and any claims that could have been brought pursuant to the Company’s Dispute Resolution Process, including those not specifically listed in this Agreement. This release covers any attorneys’ fees and costs associated with any claim. This release extends to any claim that the Releasors now have, ever had, or may hereafter have against any of the Releasees, whether known or unknown, suspected or unsuspected, by up to and including the date of this Agreement. Employee arising out of or in any way connected with specifically waives Employee’s employment relationship with Employer, or right to recover in Employee’s separation from employment with Employerown lawsuit, or as well as the right to recover in a suit brought by any other transactions, occurrences, losses, damages person or injuries, known or unknown, suspected or unsuspected, resulting from any act or omission by entity on Employee’s behalf or on behalf of a class of persons in which the part of any of the Releasees, committed Employee is or omitted prior to the date that Employee signs this Agreement, whether based on contract, tort, or any federal, foreign, state or local common law, regulation, constitution or statute (including but not limited to the various non-discrimination statutes under federal and applicable state law) (collectively, “Claims”); provided, however, that the following obligations of Employer to Employee shall not could be considered Claims subject to the releases set forth herein: (i) any right to a defense and/or indemnification that Employee may have under California Labor Code section 2802, under the Employment Agreement or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee, (ii) any vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Releasees in any court, agency, or other forum with regard to any Claimsmember.

Release by Employee. In exchange for the payments and benefits provided to Employee pursuant to that certain Employment Agreement entered into by and between the Company and Employee, dated as of [_____________] (athe “Agreement”) Except and for those obligations other good and valuable consideration, the receipt and adequacy of Employer created by or arising out of this Agreementwhich are hereby acknowledged, Employee hereby acknowledges full agrees unconditionally and complete satisfaction of forever to release and releases discharge the Company and discharges the Company’s affiliated, related, parent and covenants not to xxx Employer subsidiary corporations, as well as their respective past and each of its affiliated entitiespresent parents, and each of their directorssubsidiaries, managersaffiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, insurers, owners, employees, officers, membersdirectors and all persons acting by, shareholdersthrough, representativesunder, assigneesor in concert with them, and successors, past and present or any of them (collectively, hereinafter the “Releasees”), ) from and with respect to any and all manner of claims, wagesactions, agreements, obligations, demands and causes of action, in law or in equity, demands, rights, or damages of any kind or nature which he or she may now have, or ever have, whether known or unknown, suspected fixed or unsuspectedcontingent, including any claims, causes of action or demands of any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by Employee arising out reason of any and all acts, omissions, events or in any way connected with facts occurring or existing prior to Employee’s employment relationship execution of this Release. The Claims released hereunder specifically include, but are not limited to, any claims for fraud; breach of contract; breach of implied covenant of good faith and fair dealing; inducement of breach; interference with Employer, contract; wrongful or Employee’s separation from employment with Employer, unlawful discharge or demotion; violation of public policy; sexual or any other transactionstype of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, occurrencesbenefits, lossesvacation pay, damages severance pay, commissions, equity, attorneys’ fees, or injuriesother compensation of any sort; failure to accommodate disability, known including pregnancy; discrimination or unknown, suspected or unsuspected, resulting from any act or omission by or harassment on the part basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers’ Protection Benefit Act of 1990; Title VII of the ReleaseesCivil Rights Act of 1964, committed or omitted prior to as amended, by the date that Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee signs this AgreementRetirement Income Security Act, whether based on contractas amended, tort29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act (“WARN”), or as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the [New York Human Rights Law, N.Y. Exec Law Art. 15, § 290 et seq.; the New York State WARN Act; the New York State Labor Law; the New York City Human Rights Law; the New York City Earned Sick Time Act; Section 125 of the New York Workers’ Compensation Law, New York State Civil Rights Law, Article 23-A of the New York State Corrections Law; and any federal, foreign, state or local common law, regulation, constitution or statute (including but not limited laws of similar effect.]1 1 NTD: to the various non-discrimination statutes under federal and applicable state law) (collectively, “Claims”); provided, however, that the following obligations of Employer to Employee shall not be considered Claims subject to the releases set forth herein: (i) any right to a defense and/or indemnification that Employee may have under California Labor Code section 2802, under the Employment Agreement or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee, (ii) any vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Releasees in any court, agency, or other forum with regard to any Claimsupdated for DE statutes.

Release by Employee. In exchange for the payments and benefits provided to Employee pursuant to that certain Employment Agreement entered into by and between the Company and Employee, dated as of [ ], (athe “Agreement”) Except and for those obligations other good and valuable consideration, the receipt and adequacy of Employer created by or arising out of this Agreementwhich are hereby acknowledged, Employee hereby acknowledges full agrees unconditionally and complete satisfaction of forever to release and releases discharge the Company and discharges the Company’s affiliated, related, parent and covenants not to xxx Employer subsidiary corporations, as well as their respective past and each of its affiliated entitiespresent parents, and each of their directorssubsidiaries, managersaffiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, insurers, owners, employees, officers, membersdirectors and all persons acting by, shareholdersthrough, representativesunder, assigneesor in concert with them, and successors, past and present or any of them (collectively, hereinafter the “Releasees”), ) from and with respect to any and all manner of claims, wagesactions, agreements, obligations, demands and causes of action, in law or in equity, demands, rights, or damages of any kind or nature which he or she may now have, or ever have, whether known or unknown, suspected fixed or unsuspectedcontingent, including any claims, causes of action or demands of any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by Employee arising out reason of any and all acts, omissions, events or in any way connected with facts occurring or existing prior to Employee’s employment relationship execution of this Release. The Claims released hereunder specifically include, but are not limited to, any claims for fraud; breach of contract; breach of implied covenant of good faith and fair dealing; inducement of breach; interference with Employer, contract; wrongful or Employee’s separation from employment with Employer, unlawful discharge or demotion; violation of public policy; sexual or any other transactionstype of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, occurrencesbenefits, lossesvacation pay, damages severance pay, commissions, equity, attorneys’ fees, or injuriesother compensation of any sort; failure to accommodate disability, known including pregnancy; discrimination or unknown, suspected or unsuspected, resulting from any act or omission by or harassment on the part basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers’ Protection Benefit Act of 1990; Title VII of the ReleaseesCivil Rights Act of 1964, committed or omitted prior to as amended, by the date that Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee signs this AgreementRetirement Income Security Act, whether based on contractas amended, tort29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act (“WARN”), or as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the New York Human Rights Law, N.Y. Exec Law Art. 15, § 290 et seq.; the New York State WARN Act; the New York State Labor Law; the New York City Human Rights Law; the New York City Earned Sick Time Act; Section 125 of the New York Workers’ Compensation Law, New York State Civil Rights Law, Article 23-A of the New York State Corrections Law; and any federal, foreign, state or local common law, regulation, constitution or statute (including but not limited to the various non-discrimination statutes under federal and applicable state law) (collectively, “Claims”); provided, however, that the following obligations laws of Employer to Employee shall not be considered Claims subject to the releases set forth herein: (i) any right to a defense and/or indemnification that Employee may have under California Labor Code section 2802, under the Employment Agreement or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee, (ii) any vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as a matter of applicable law. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Releasees in any court, agency, or other forum with regard to any Claimssimilar effect.

Release by Employee. In exchange for the benefits set forth in the Transition and Release of Claims Agreement entered into by and between the Company and Employee, dated as of January 15, 2021 (a) Except the “Agreement”), and for those obligations other good and valuable consideration, the receipt and adequacy of Employer created by or arising out of this Agreementwhich are hereby acknowledged, Employee hereby acknowledges full agrees unconditionally and complete satisfaction of forever to release and releases discharge the Company and discharges the Company’s affiliated, related, parent and covenants not to xxx Employer subsidiary corporations, as well as their respective past and each of its affiliated entitiespresent parents, and each of their directorssubsidiaries, managersaffiliates, associates, members, stockholders, employee benefit plans, attorneys, agents, representatives, partners, joint venturers, predecessors, successors, assigns, insurers, owners, employees, officers, membersdirectors and all persons acting by, shareholdersthrough, representativesunder, assigneesor in concert with them, and successors, past and present or any of them (collectively, hereinafter the “Releasees”), ) from and with respect to any and all manner of claims, wagesactions, agreements, obligations, demands and causes of action, in law or in equity, demands, rights, or damages of any kind or nature which he or she may now have, or ever have, whether known or unknown, suspected fixed or unsuspectedcontingent, including any claims, causes of action or demands of any nature (hereinafter called “Claims”), that Employee now has or may hereafter have against the Releasees by Employee arising out reason of any and all acts, omissions, events or in any way connected with facts occurring or existing prior to Employee’s employment relationship execution of this Release. The Claims released hereunder specifically include, but are not limited to, any claims for fraud; breach of contract; breach of implied covenant of good faith and fair dealing; inducement of breach; interference with Employer, contract; wrongful or Employee’s separation from employment with Employer, unlawful discharge or demotion; violation of public policy; sexual or any other transactionstype of assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, occurrencesbenefits, lossesvacation pay, damages severance pay, commissions, equity, attorneys’ fees, or injuriesother compensation of any sort; failure to accommodate disability, known including pregnancy; discrimination or unknown, suspected or unsuspected, resulting from any act or omission by or harassment on the part basis of pregnancy, race, color, sex, gender, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other protected category; any claim under the Age Discrimination in Employment Act, as amended, 29 U.S.C. § 621 et seq. (“ADEA”); the Older Workers’ Protection Benefit Act of 1990; Title VII of the ReleaseesCivil Rights Act of 1964, committed or omitted prior to as amended, by the date that Civil Rights Act of 1991, 42 U.S.C. § 2000 et seq.; Equal Pay Act, as amended, 29 U.S.C. § 206(d); the Civil Rights Act of 1866, 42 U.S.C. § 1981; the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq.; the False Claims Act, 31 U.S.C. § 3729 et seq.; the Employee signs this AgreementRetirement Income Security Act, whether based on contractas amended, tort29 U.S.C. § 1001 et seq.; the Worker Adjustment and Retraining Notification Act (“WARN”), or as amended, 29 U.S.C. § 2101 et seq.; the Fair Labor Standards Act, 29 U.S.C. § 215 et seq.; the New York Human Rights Law, N.Y. Exec Law Art. 15, § 290 et seq.; the New York State WARN Act; the New York State Labor Law; the New York City Human Rights Law; the New York City Earned Sick Time Act; Section 125 of the New York Workers’ Compensation Law, New York State Civil Rights Law, Article 23-A of the New York State Corrections Law; and any federal, foreign, state or local common law, regulation, constitution or statute (including but not limited to the various non-discrimination statutes under federal and applicable state law) (collectively, “Claims”); provided, however, that the following obligations laws of Employer to Employee shall not be considered Claims subject to the releases set forth herein: (i) any right to a defense and/or indemnification that Employee may have under California Labor Code section 2802, under the Employment Agreement or under Employer’s charter or by-laws, or any defense and indemnification policy or agreement covering Employee, (ii) any vested benefits payable under, and pursuant to the terms of, any retirement plan (excluding any severance benefits) covering Employee, and (iii) any claims that cannot be released as a matter of applicable lawsimilar effect. Employee agrees to withdraw with prejudice all complaints or charges, if any, that Employee has filed against any of the Releasees in any court, agency, or other forum with regard to any Claims2.