Common use of Release by the Executive Clause in Contracts

Release by the Executive. The Executive, on his own behalf and on behalf of his heirs, executors, administrators and legal representatives (collectively, the “Executive Parties”) hereby irrevocably and unconditionally releases and forever discharges the Company and its shareholders, employees, officers and directors (collectively, the “Company Parties”) from any and all claims, actions, causes of action, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), whether known or unknown, whether now existing or hereafter arising, that any Executive Party may have, may have had, or may hereafter have, and that are based in whole or in part on facts, whether or not now known, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to any Claim based on Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company, and the termination of such relationship or service, or any other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements of the Executive that arises under or is preserved by this Agreement.

Release by the Executive. The Executive, on his own behalf Executive hereby unconditionally and on behalf of his heirs, executors, administrators and legal representatives (collectively, the “Executive Parties”) hereby irrevocably and unconditionally releases and forever discharges the Company and any of its shareholderssubsidiaries or affiliates, employees, officers of and directors (collectively, the “Company Parties”) from any and all claimsclaims and demands whatsoever, actions, causes of action, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), whether known or unknown, whether now existing at law and in equity, in contract or hereafter in tort, and any statutory claim for relief of any nature, and agrees not to xxx and not to assert against them any such claims or demands or any other causes of action in any court or before any agency or commission of a local, state and federal government, arising, that any Executive Party may havealleged to have arisen, which may have hadbeen alleged to have arisen, or which may hereafter havearise under any law whatsoever, and that whether such claims are based pursued in whole a personal or individual capacity, or in part on factsa representational or relator capacity, whether or not now knownincluding, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to to, any Claim based on federal, state, or municipal anti-discrimination laws, anti-retaliation laws, and “whistleblower” laws such as, the Fair Labor Standards Act, the Equal Pay Act, the False Claims Act, the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; , as amended, the Family and Medical Leave Act; , Broward County Equal Employment Ordinance, Palm Beach Equal Opportunity Ordinance, the Executive Retirement Income Security Florida Civil Rights Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; 1992, Section 440.205, Florida Statutes, the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director ofOSHA, the CompanyFlorida Whistleblower Act, Xxxxxxxx-Xxxxx, and the termination Patriot Act, that the Executive on behalf of such relationship himself and on behalf of persons similarly situated, ever had, now has, or servicewhich his heirs, executors, administrators, attorneys, or assigns, or any other matter of them, hereafter can, shall or may have, for or by reason of any cause whatsoever; provided, howeverbased on any set of facts known or unknown, that occurring prior to, and including, the date of the execution of this Agreement shall not release provided however nothing herein is to be interpreted as prohibiting either party from filing an action enforcing the terms of this Agreement; or enforcing the terms of any rights debentures, notes, loans or entitlements of the Executive that arises under or is preserved by other obligations still outstanding and referenced in this Agreement.

Release by the Executive. The Executive, on his own behalf and on behalf of his heirsthe Executive and anyone claiming through the Executive, executorshereby agrees not to xxx the Company or any of its divisions, administrators and legal representatives subsidiaries, affiliates (collectivelyincluding, without limitation, the “Executive Parties”Parent) hereby irrevocably and unconditionally releases and forever discharges or other related entities of the Company and its shareholdersabove specified entities (whether or not such entities are wholly owned) or any of the past, present or future directors, officers, administrators, trustees, fiduciaries, employees, officers agents or attorneys of the Company or any of such other entities, or the predecessors, successors or assigns of any of them (hereinafter referred to as the “Released Parties”), and directors (collectivelyagrees to release and discharge, fully, finally and forever, the “Company Parties”) Released Parties from any and all claims, actions, causes of action, rightslawsuits, judgmentsliabilities, obligationsdebts, accounts, covenants, contracts, controversies, agreements, promises, sums of money, damages, demandsjudgments and demands of any nature whatsoever, accountings in law or liabilities of whatever kind or character (collectivelyin equity, “Claims”), whether both known or and unknown, whether now existing asserted or hereafter arisingnot asserted, that any foreseen or unforeseen, which the Executive Party may have, may have had, ever had or may hereafter havepresently have against any of the Released Parties arising from the beginning of time up to and including the effective date of this Agreement, including, without limitation, all matters in any way related to the Executive’s employment by the Company, the terms and conditions thereof, any failure to promote the Executive and the termination or cessation of the Executive’s employment with the Company, and that are based in whole or in part on factsincluding, whether or not now knownwithout limitation, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to any Claim based on Title VII of and all claims arising under the Civil Rights Act of 1964; , as amended, the Americans With Disabilities Civil Rights Act of 1991, the Civil Rights Act of 1866, the Age Discrimination in Employment Act; , the Fair Labor Standards Older Workers’ Benefit Protection Act; the Equal Pay Act; , the Family and Medical Leave Act; , the Executive Americans With Disabilities Act, the Employee Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by 1974, the Company); Illinois Human Rights Act, the Occupational Safety and Health Act; Xxxx County Human Rights Ordinance, the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral City of Chicago Human Rights Ordinance or written, express or implied) and tort law, and any other localfederal, state, federal local or foreign lawstatute, regulation regulation, ordinance or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company, and the termination of such relationship or serviceorder, or pursuant to any other matter whatsoevercommon law doctrine; provided, however, that nothing contained in this Section 7 shall apply to, or release the Company from, any obligation of the Company contained in this Agreement, in Section 6, 8 or 9 of the Amended Employment Agreement or any vested or accrued benefit pursuant to any employee benefit plan of the Company. The consideration offered herein is accepted by the Executive as being in full accord, satisfaction, compromise and settlement of any and all claims or potential claims, and the Executive expressly agrees that the Executive is not entitled to, and shall not release receive, any rights further recovery of any kind from the Company or entitlements any of the Executive other Released Parties, and that arises under in the event of any further proceedings whatsoever based upon any matter released herein, neither the Company nor any of the other Released Parties shall have any further monetary or is preserved other obligation of any kind to the Executive, including any obligation for any costs, expenses or attorneys’ fees incurred by this Agreementor on behalf of the Executive.

Release by the Executive. The ExecutiveAs of the Termination Date, on except for the obligations of the Company set forth in this Agreement (including those incorporated from the Employment Agreement) and any rights of the Executive in his own behalf and on behalf capacity as a shareholder of his heirs, executors, administrators and legal representatives (collectivelythe Company, the “Executive Parties”) hereby shall be deemed to have unconditionally and irrevocably and unconditionally releases released, acquitted and forever discharges discharged the Company and its shareholders, employees, officers and directors (collectively, each of the “Company Parties”) Subsidiaries from any and all claims, demands, liabilities, actions, suits, debts, causes of action, rightsobligations, judgmentscontroversies, obligationscosts, expenses, accounts, damages, demandslosses, accountings or liabilities and judgments of whatever every kind or character (collectivelywhatsoever in law or equity or otherwise, “Claims”)that the Executive ever had, now has, or hereafter will or may have, based upon or by reason of, in whole or in part, any act, omission to act, transaction, practice, conduct, matter, cause, or thing of any kind or character that arose or occurred prior to the date hereof, whether known or unknown, whether now existing suspected or hereafter arisingunsuspected, that asserted or unasserted. The foregoing release will include, but not be limited to, claims in connection with the Executive’s employment or termination of his employment, including wrongful termination, breach of express or implied contract, unpaid wages, unpaid bonuses or pursuant to any Executive Party may havefederal, may have hadstate, or may hereafter havelocal employment laws, regulations, or orders regulating employment or prohibiting, inter alia, age, race, sex, national origin, religion, handicap, and that are based disability discrimination, such as the Age Discrimination in whole or in part on factsEmployment Act, whether or not now known, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to any Claim based on Title VII of the Civil Rights Act of 1964; , the Civil Rights Act of 1966, and Executive Retirement Security Act of 1974, the Americans With Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by 1990, the Company); Rehabilitation Act of 1973, the Occupational Safety and Health Act; the Worker Workers’ Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company, and the termination of such relationship or service, or any other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements of the Executive that arises under or is preserved by this AgreementFlorida Civil Rights Act.

Release by the Executive. The ExecutiveIn consideration of the fulfillment of the payments and benefits described above, on his own behalf and on behalf some of his heirs, executors, administrators and legal representatives (collectivelywhich the Company is not required to make either by statute or contract, the “Executive Parties”) hereby irrevocably and unconditionally releases releases, remises and forever discharges the Company Company, its legal representatives, successors and its shareholdersassigns, past, present and future directors, officers, employees, officers trustees, shareholders and directors (collectively, the “Company Parties”) affiliates from and against any and all claims, cross-claims, third-party claims, counterclaims, contribution claims, debts, demands, actions, promises, judgments, trespasses, extents, executions, causes of action, rightssuits, judgmentsaccounts, obligationscovenants, sums of money, dues, reckonings, bonds, bills, liens, attachments, trustee process, specialties, contracts, controversies, agreements, promises, damages, demandsand all other claims of every kind and nature in law, accountings equity, arbitration, or liabilities other forum which the Executive now has or ever had up to and including the date of whatever kind or character (collectively, “Claims”)this Agreement, whether absolute or contingent, direct or indirect, known or unknown. Additionally, whether now existing the Executive hereby waives and releases the Company from any and all claims which he has, his successors or hereafter arising, that any Executive Party may have, assigns have or may have hadagainst the Company for, upon or by reason of any matter, cause or thing whatsoever, including, but not limited to (a) those that might arise in his capacity as a 10 10 shareholder of the Company (both individually and derivatively), or may hereafter have, and that are based (b) in whole any way related to his employment or in part on factstermination of his employment by the Company, whether or not now knownhe knows them to exist at the present time, existing prior to the Effective Dateincluding, regarding any matter whatsoever, including but not limited to any Claim based on to, rights under federal, state or local laws prohibiting age or other forms of discrimination, including Title VII of the Civil Rights Act of 1964, as amended; Section 1981 through 1988 of Title 42 of the United States Code; the Americans With Disabilities ActAge Discrimination in Employment Act of 1967, as amended; the Employee Retirement Income Security Act of 1974, as amended; the Fair Labor Standards Act; , the Equal Pay Americans with Disabilities Act, as amended; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except National Labor Relations Act, as to claims pertaining to vested benefits under employee benefit plans maintained by amended; the Company)Immigration Reform Control Act, as amended; the Occupational Safety and Health Act, as amended; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or writtencommon law; and any alleged entitlement to costs, express fees or implied) and tort lawexpenses, including attorneys' fees, claims for compensation or benefits earned by his past service, claims involving willful misconduct, and claims arising after the date of this Agreement. Notwithstanding the foregoing, nothing herein shall be deemed to release, remise or discharge the Company from any claims arising out of, relating to or asserted (a) under this Agreement or the Consulting Agreement, (b) under any existing employee 11 11 benefit or benefit plan provided to the Executive (including, without limitation, stock options) or with respect to reimbursement of travel and other local, state, federal expenses previously incurred by the Executive or foreign law, regulation or ordinance having (c) with respect to any bearing whatsoever on the Executive’s employment relationship with, and service right of indemnification as an employeea director, officer or director of, employee of the Company, and whether arising under the termination Company's charter or by-laws, by operation of such relationship or servicelaw, or any other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements of the Executive that arises under or is preserved by this Agreementotherwise.

Release by the Executive. The In consideration of the payments and benefits set forth in the agreement by and between the Company and the Executive setting forth the terms of the Executive’s termination of employment with the Company, on his own behalf and on behalf dated as of [DATE] (the “Transition Agreement”), the Executive for himself, his heirs, administrators, representatives, executors, administrators successors and legal representatives assigns (collectively, the “Executive PartiesReleasors”) does hereby irrevocably and unconditionally releases release, acquit and forever discharges discharge the Company and each of its shareholderssubsidiaries, employeesdivisions, officers successors, assigns, trustees, officers, directors, partners, agents, parents, the former and directors current employees of each of the foregoing and their respective affiliates, including without limitation all persons acting by, through, under or in concert with any of them (collectively, the “Company PartiesReleasees”) ), and each of them from any and all charges, complaints, claims, liabilities, obligations, promises, agreements, controversies, damages, remedies, actions, causes of action, suits, rights, judgments, obligations, damages, demands, accountings or liabilities costs, losses, debts and expenses (including attorneys’ fees and costs) of whatever kind or character (collectivelyany nature whatsoever, “Claims”), whether known or unknown, whether now existing in law or hereafter arisingequity and whether arising under federal, that state or local law and in particular including any Executive Party may haveclaim for discrimination based upon race, may have hadcolor, or may hereafter haveethnicity, and that are based sex, national origin, religion, disability age (including without limitation under the New York State Human Rights Law, the Age Discrimination in whole or in part on factsEmployment Act of 1967 as amended by the Older Workers Benefit Protection Act (“ADEA”), whether or not now known, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to any Claim based on Title VII of the Civil Rights Act of 1964; 1964 as amended by the Americans With Disabilities Act; the Fair Labor Standards Act; Civil Rights Act of 1991, the Equal Pay Act; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship with, and service as an employee, officer or director of, the Company1962, and the termination Americans with Disabilities Act of such relationship or service, 1990) or any other matter whatsoeverunlawful criterion or circumstance, which Executive Releasors had, now have, or may have or claim to have in the future against each or any of the Company Releasees by reason of any matter, cause or thing occurring, done or omitted to be done from the beginning of the world until the date of the execution of this Release; provided, however, that this nothing herein shall release the Company from its obligations arising under or referred to or described in the Transition Agreement or the Indemnification Agreement; and nothing herein shall not release interfere with Executive’s rights to vested benefits under any rights or entitlements tax-qualified pension plan of the Company, COBRA continuation coverage benefits or any other similar benefits required to be provided by statute. In addition, nothing in this Release is intended to interfere with the Executive’s right to file a charge with the Equal Employment Opportunity Commission in connection with any claim the Executive believes he may have against the Company Releasees. However, by executing this Release, the Executive hereby waives the right to recover in any proceeding that arises under the Executive may bring before the Equal Employment Opportunity Commission or any state human rights commission or in any proceeding brought by the Equal Employment Opportunity Commission or any state human rights commission on the Executive’s behalf. In addition, this release is preserved not intended to interfere with the Executive’s right to challenge that his waiver of any and all ADEA claims pursuant to this Release is a knowing and voluntary waiver, although the Executive, by signing below, specifically represents to the Company that he has entered into this AgreementRelease knowingly and voluntarily.

Release by the Executive. The In consideration of the payments specified in Paragraph 1 of the Agreement, the Executive, on his own behalf and on behalf of himself, his heirs, executors, administrators administrators, attorneys, representatives and legal representatives (collectivelyassigns, agrees to and does hereby release, acquit and forever discharge from liability, the “Executive Parties”) hereby irrevocably Company, its current and unconditionally releases and forever discharges the Company and its shareholdersformer officers, attorneys, directors, agents, employees, officers and directors the Company’s affiliates, parents and related companies (collectively, all collectively referred to as the “Company Released Parties”) from any and all claims, actionsobligations, actions and causes of action, rightstogether with any contracts, judgmentsagreements and promises, obligationsin law or in equity, damages, demands, accountings which the Executive has or liabilities of whatever kind or character (collectively, “Claims”), whether known or unknown, whether now existing or hereafter arising, that any Executive Party may have, may have had, which are known or may hereafter havesubsequently be discovered by him, and that are based in whole arising out of acts or in part on facts, whether or not now known, existing omissions by the Released Parties prior to the Effective Datedate of this Agreement. The Executive understands that these released claims include, regarding but are not limited to, any matter whatsoeverand all claims and causes of action related to, connected with or arising out of the Executive’s employment with the Company, and/or cessation of employment with the Company. The Executive understands that these released claims include, but are not limited to, any and all claims of discrimination or harassment on account of sex, race, age, sexual orientation, handicap or disability, veteran status, national origin, retaliation or religion, and claims or causes of action based upon any equal employment opportunity laws, or other employment laws, including but not limited to any Claim based on Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. §1981, as amended; the Age Discrimination in Employment Act, as amended; the Americans With with Disabilities Act, as amended; Executive Order 11246; the Uniformed Services Employment and Re-employment Act (“USERRA”); the Civil Rights Act of 1991; the Rehabilitation Act of 1973; the Fair Labor Standards Act; the Equal Pay Act; the Pregnancy Discrimination Act; the Family and Medical Leave Act; the Executive Retirement Income Security Act of 1974 (except as to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment Retraining and Retraining Notification Act; and any other applicable statue or local anti-discrimination, equal employment or other employment-related statutes and ordinances. The Executive understands that these released claims include, but are not limited to, any and all claims under any state or local law such as Article 49B of the National Maryland Code relating to discrimination and fair practices in employment, the Maryland Labor Relations and Employment Law Article, the Maryland Equal Pay Law, the Maryland Discrimination on the Basis of Medical Information Law, the Maryland Adoption Leave Law, the Virginia Human Rights Act; , the Immigration Reform Virginia Equal Pay Act, the Virginians with Disabilities Act, Xxxxxxxx xxxx relating to genetic testing and Control Act; all applicable amendments AIDS testing, the District of Columbia Human Rights Act of 1977 and the District of Columbia law relating to rights of the blind and physically disabled. The Executive understands that these released claims include, but are not limited to, claims from breach of any contract, agreement or promises made prior to the foregoing acts Effective Date; claims for wrongful termination of any type; breach of express or implied covenant of good faith and lawsfair dealing; promissory estoppel; equitable estoppel; detrimental reliance; quasi-contract; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; claims for fraud, libel, slander or invasion of privacy, including without limitation statements made concerning my employment or termination; and any sort of tort or other claims brought under common lawlaw in any form. The Executive understands that these released claims include, public policybut are not limited to, contract claims for violation of any Company policy or procedure; claims for bodily or personal injury, medical expense, mental anguish, psychological or emotional distress; claims for severance benefits (whether oral or writtenother than are provided herein), express or implied) and tort lawvacation pay, and bonuses; claims for costs and attorney’s fees; claims for stock options, executive compensation, deferred compensation, fringe benefits; claims relating to any consulting agreement; as well as any other local, state, federal claims or foreign law, regulation or ordinance having any bearing whatsoever on causes of action he might have against the Executive’s employment relationship with, and service as an employee, officer or director of, the Company, and the termination of such relationship or service, or any other matter whatsoever; providedReleased Parties. PROVIDED, however, that this Agreement shall the Executive understands and acknowledges that: (a) he is not release waiving and does not waive any rights or entitlements claims under the Age Discrimination in Employment Act “that may arise after” the execution of this document by Executive, as provided for in the Older Workers Benefit Protection Act; (b) he is not waiving and does not waive any rights set forth in this Agreement or under any tax-qualified pension plan; (c) nothing in this release or Agreement prevents the Executive from filing an administrative charge of discrimination with the U.S. Equal Employment Opportunity Commission (“EEOC”) or similar state administrative agency relating to any released claim; and (d) the Executive agrees that arises under he shall not seek, accept, or is preserved be entitled to any monetary relief, whether from himself individually or as a member of a class or group, arising from an EEOC charge or other administrative complaint filed by this AgreementExecutive or on his behalf.

Release by the Executive. The ExecutiveIn consideration of, on his own behalf and on behalf of his heirs, executors, administrators and legal representatives (collectivelysubject to, the payments to be made to Ixx Xxxxxx (the “Executive PartiesExecutive”) by Claire’s Stores, Inc., or any of its subsidiaries, or its or their successor(s) or assigns (the “Company”), pursuant to the attached Employment Agreement (the “Employment Agreement”) dated January 18, 2007, the Executive hereby irrevocably and unconditionally releases and forever discharges the Company Company, and its respective past and present officers, directors, shareholders, employees, officers employees and directors (collectively, the “Company Parties”) agents from any and all claims, actions, claims and causes of action, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character (collectively, “Claims”), whether known or unknown, whether which may heretofore have existed or which may now existing or hereafter arisingexist, that any Executive Party may have, may have had, or may hereafter have, up to and that are based in whole or in part including the date on facts, whether or not now known, existing prior to the Effective Date, regarding any matter whatsoever, including but not limited to any Claim based on Title VII of the Civil Rights Act of 1964; the Americans With Disabilities Act; the Fair Labor Standards Act; the Equal Pay Act; the Family and Medical Leave Act; which the Executive Retirement Income Security Act signs this Waiver and Release of 1974 (except as Claims, arising out of or relating to claims pertaining to vested benefits under employee benefit plans maintained by the Company); the Occupational Safety and Health Act; the Worker Adjustment and Retraining Notification Act; the National Labor Relations Act; the Immigration Reform and Control Act; all applicable amendments to the foregoing acts and laws; and any common law, public policy, contract (whether oral or written, express or implied) and tort law, and any other local, state, federal or foreign law, regulation or ordinance having any bearing whatsoever on the Executive’s employment relationship withwith the Company or the termination thereof, including, but not limited to, wrongful discharge, breach of contract, tort, fraud, the Civil Rights Act, Age Discrimination in Employment Act, Employee Retirement Income Security Act, Americans with Disabilities Act, or any other federal, state or local legislation or common law relating to employment or discrimination in employment. Notwithstanding the foregoing or any other provision hereof, nothing in this Waiver and Release of Claims shall adversely affect (i) the Executive’s rights under the Employment Agreement; (ii) the Executive’s rights to benefits other than severance benefits under plans, programs and arrangements of the Company which are accrued but unpaid as of the date of the Executive’s termination; or (iii) the Executive’s rights to indemnification under any indemnification agreement, applicable law, and service as an employee, officer or director of, certificates of incorporation and bylaws of the Company, and the termination Executive’s rights under any directors’ and officers’ liability insurance policy covering the Executive. The Executive acknowledges that he has signed this Waiver and Release of such relationship Claims voluntarily, knowingly, of his own free will and without reservation or serviceduress, and that no promises or representations have been made to the Executive by any person to induce the Executive to do so other matter whatsoever; provided, however, that this Agreement shall not release any rights or entitlements than the promise of payment set forth in the first paragraph above and the Company’s acknowledgement of the Executive’s rights reserved under the second paragraph above. The Executive acknowledges that arises under he has been given not less than [twenty-one (21)] [forty-five (45)] days to review and consider this Waiver and Release of Claims, and that he has had the opportunity to consult with an attorney or is preserved other advisors of his choice and has been advised by the Company to do so if he chooses. The Executive may revoke this AgreementWaiver and Release of Claims seven days or less after its execution by providing written notice to the Company. Finally, the Executive acknowledges that he has read this Waiver and Release of Claims and understands all of its terms.