Common use of Release of Known and Unknown Claims Clause in Contracts

Release of Known and Unknown Claims. (a) It is understood and agreed by the parties to this Agreement that in consideration of the mutual promises and covenants contained in this Agreement, and after consultation with counsel, the Executive irrevocably and unconditionally releases and forever discharges the Company, its parent, subsidiary and affiliated companies, and all of their past and present officers, directors, employees, agents and assigns (collectively, the “Released Parties”), from any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character, which the Executive may have against the Company or any of the Released Parties, or any of them, by reason of or arising out of, touching upon or concerning the Executive’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or description, whether known or unknown, occurring prior to the date of the execution of this Agreement. The Executive acknowledges that this release of claims specifically includes, but is not limited to, any and all claims for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rights; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; defamation; unlawful effort to prevent employment; discrimination or harassment on the basis of age, race, color, sex, gender, national origin, ancestry, religious creed, physical or mental disability, medical condition, marital status, sexual orientation, genetic information or characteristics, or any other basis protected by applicable law; any claim under: Title VII of the Civil Rights Act of 1964 (“Title VII”); the Americans With Disabilities Act of 1990 (“ADA”); the Age Discrimination in Employment Act of 1967 (“ADEA”); the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Act”); the California Fair Employment and Housing Act (“FEHA”); the California Labor Code; and CalOSHA, or any other wrongful conduct, based upon events occurring prior to the date that this Agreement is executed by the Executive. Notwithstanding anything to the contrary herein, this Agreement shall not release the Executive’s right, if any, to claims he may have for: (i) indemnification pursuant to the bylaws of the Company or insurance policies of the Company, for any claims arising out of the Executive’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the Executive’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the Executive’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive signs this Agreement.

Release of Known and Unknown Claims. (a) It is understood and agreed by In exchange for the parties to this Agreement that in consideration of the mutual promises and covenants agreements contained in this Agreement and the additional vesting of equity awards as specified in [the applicable Section(s)] of the Employment Agreement, and after consultation with counsel, the Executive irrevocably and agrees unconditionally releases and forever discharges to release and discharge the Company and the Company’s affiliated, its parentrelated, parent and subsidiary corporations, as well as the Company’s and affiliated companiesany affiliated, related, parent and subsidiary corporation’s respective attorneys, agents, representatives, partners, joint venturers, successors, assigns, insurers, owners, employees, officers, and all of their directors, past and present officers, directors, employees, agents and assigns (collectively, hereinafter the “Released PartiesReleasees”), ) from any and all claims, actions, causes of action, claims, actionsdemands, rights, judgments, obligations, damages, demands, accountings or liabilities damages of whatever any kind or character, nature which the Executive he may have against the Company or any of the Released Partiesnow have, or any of them, by reason of or arising out of, touching upon or concerning the Executive’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or descriptionever have, whether known or unknown, occurring prior including any claims, causes of action or demands of any nature arising out of or in any way relating to Executive’s employment with, or separation from the Company on or before the date of the execution of this Agreement. The Executive acknowledges that this This release of claims specifically includes, but is not limited to, any and all claims for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rightscontract; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and batterybattery (sexual or otherwise); invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; defamationfailure to pay wages, benefits, vacation pay, severance pay, attorneys’ fees, or other compensation of any sort; unlawful effort to prevent employment; retaliation, discrimination or harassment on the basis of age, race, color, sex, gender, national origin, ancestry, religious creedreligion, physical or mental disability, handicap, medical condition, marital status, sexual orientation, genetic information or characteristics, orientation or any other basis protected by applicable lawcategory; any claim under: under Title VII of the Civil Rights Act of 1964 (“Title VII”); 1964, as amended, the Americans With with Disabilities Act of 1990 (“ADA”); Act, the Age Discrimination in Employment Act of 1967 (“ADEA”); Act, the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Older Workers Benefit Protection Act”); , the California Fair Employment and Housing Act (“FEHA”); Act, the California Labor Code, the California Family Rights Act, the Family and Medical Leave Act, or Section 1981 of Title 42 of the United States Code; violation of COBRA; violation of any safety and CalOSHAhealth laws, statutes or regulations; violation of ERISA; violation of the Internal Revenue Code; or any other wrongful conduct, based upon events occurring prior to the date that of execution of this Agreement is executed Agreement. Executive further agrees knowingly to waive the provisions and protections of Section 1542 of the California Civil Code, which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. This release of claims does not include any claim which cannot be waived by private agreement. Nothing in this release of claims shall be construed as prohibiting Executive from making a future claim with the Executive. Notwithstanding anything Equal Employment Opportunity Commission or any similar state agency including, but not limited to the contrary hereinCalifornia Department of Fair Employment and Housing, this Agreement shall not release or from cooperating with such agency in any investigation or proceeding; provided, however, that should Executive pursue such an administrative action against the Executive’s rightReleasees, if anyor any of them, Executive agrees and acknowledges that, to claims he may have for: (i) indemnification pursuant to the bylaws of the Company or insurance policies of the Company, for any claims arising out of the Executive’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the Executive’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the Executive’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, extent permitted by applicable law, he will not seek, nor shall he be entitled to recover, any monetary damages from any such proceeding. In addition, this Agreement does not apply to any claims for unemployment compensation benefits, workers compensation benefits, health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), claims for payment of Accrued Obligations and provision of Vested Benefits (as such terms are defined in the Employment Agreement), claims for payment of Severance Pay in accordance with this release and [the applicable Section(s)] of the Employment Agreement, claims with regard to vested benefits under a retirement plan governed by the Employee Retirement Income Security Act (ERISA) or claims for indemnification as described in Section H.5 of the Employment Agreement, which is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive signs this Agreementincorporated herein as though set forth in full.

Release of Known and Unknown Claims. (a) It is understood In exchange for the agreements contained in Paragraph 1 above, and agreed by the parties to this Agreement that in consideration of the mutual promises and covenants contained in this Agreementfurther agreements set forth below, and after consultation with counsel, the Executive irrevocably and The Director agrees unconditionally releases and forever discharges to release and discharge the CompanyBank, its parent, subsidiary and affiliated companies, and all of their past and present officers, directors, employees, agents and assigns (collectively, the “Released Parties”)as defined above, from any and all claims, actions, causes of action, claims, actionsdemands, rights, judgments, obligations, damages, demands, accountings or liabilities damages of whatever any kind or character, nature which the Executive he may have against the Company or any of the Released Partiesnow have, or any of them, by reason of or arising out of, touching upon or concerning the Executive’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or descriptionever have, whether known or unknown, occurring prior including any claims, causes of action or demands of any nature arising out of or in any way relating to his relationship with and/or separation from the Bank on or before the date of the execution of this Agreement. The Executive acknowledges that this release of claims specifically This Release includes, but is not limited toto all claims, actions or causes of action that were or could have been asserted during the negotiations over this Agreement, any and all claims claims, actions or causes of action that were or could have been asserted before any administrative agency or in court, as well as any claims, actions, or causes of action for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rights; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent , misrepresentation; conspiracy; , defamation; unlawful effort to prevent employment; , discrimination or harassment on the basis of agein any form, raceretaliation, colorany claims under any federal, sexstate, genderlocal or other governmental statute or ordinance, national originincluding, ancestrywithout limitation, religious creed, physical or mental disability, medical condition, marital status, sexual orientation, genetic information or characteristics, or any other basis protected by applicable law; any claim under: Title VII of the Civil Rights Act of 1964 (“Title VII”); 1964, the Civil Rights Act of 1991, the Americans With with Disabilities Act of 1990 (“ADA”); Act, the Older Workers Benefit Protection Act, the Age Discrimination in Employment Act of 1967 (“ADEA”); 1967, the Employee Retirement Income Security Family and Medical Leave Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Act”); 1993, the California Fair Employment and Housing Act (“FEHA”); the California Labor Code; Act, and CalOSHA, or any and all other wrongful conduct, based upon events occurring prior to the date that this Agreement is executed by the Executive. Notwithstanding anything to the contrary herein, this Agreement shall not release the Executive’s right, if any, to claims he may have for: (i) indemnification pursuant to the bylaws of the Company or insurance policies of the Company, for any claims arising out of the Executive’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the Executive’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the Executive’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right statutes, rules, ordinances, or entitlement thatregulations; any and all claims for alleged wrongful discharge, by applicable lawretaliation, is not waivablenegligent or intentional infliction of emotional distress, and (vii) breach of contract; any wrongful act and all claims for compensation, bonuses, commissions, lost wages, stock or omission occurring after stock options, or unused accrued vacation or sick pay; any and all claims for severance or similar benefits or to post-employment health or group insurance benefits; any and all claims for attorneys’ fees, costs or indemnification; and any and all other claims resulting from any alleged unlawful behavior or conduct by any Hanmi Releasee, the date existence of which is specifically denied by the Executive signs this AgreementHanmi Releasees. The Director further agrees knowingly to waive the provisions and protections of Section 1542 of the California Civil Code, which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. The Director further agrees to waive the provisions and protections of any state or federal statute that affords similar protections as that of Section 1542 of the California Civil Code.

Release of Known and Unknown Claims. (a) It is understood and agreed by the parties to this Agreement that in consideration of the mutual promises and covenants contained in this Agreement, and after consultation with counsel, the Executive Employee irrevocably and unconditionally releases and forever discharges the Company, its parent, subsidiary and affiliated companies, and all of their past and present officers, directors, employees, agents and assigns (collectively, the “Released Parties”), from any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character, which the Executive Employee may have against the Company or any of the Released Parties, or any of them, by reason of or arising out of, touching upon or concerning the ExecutiveEmployee’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or description, whether known or unknown, occurring prior to the date of the execution of this Agreement. The Executive Employee acknowledges that this release of claims specifically includes, but is not limited to, any and all claims for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rights; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; defamation; unlawful effort to prevent employment; discrimination or harassment on the basis of age, race, color, sex, gender, national origin, ancestry, religious creed, physical or mental disability, medical condition, marital status, sexual orientation, genetic information or characteristics, or any other basis protected by applicable law; any claim under: Title VII of the Civil Rights Act of 1964 (“Title VII”); the Americans With Disabilities Act of 1990 (“ADA”); the Age Discrimination in Employment Act of 1967 (“ADEA”); the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Act”); the California Fair Employment and Housing DB2/ 30746911.1 Act (“FEHA”); the California Labor Code; and CalOSHA, or any other wrongful conduct, based upon events occurring prior to the date that this Agreement is executed by the ExecutiveEmployee. Notwithstanding anything to the contrary herein, this Agreement shall not release the ExecutiveEmployee’s right, if any, to claims he may have for: (i) indemnification pursuant to the Indemnification Agreement, dated [____________], between Employee and the Company, the bylaws of the Company or insurance policies of the Company, for any claims arising out of the ExecutiveEmployee’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, workers’ compensation, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the ExecutiveEmployee’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the ExecutiveEmployee’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive Employee signs this Agreement.

Release of Known and Unknown Claims. (a) It is understood and agreed by the parties to this Agreement that in consideration of the mutual promises and covenants contained in this Agreement, and after consultation with counsel, the Executive Xxxxx irrevocably and unconditionally releases and forever discharges the Company, its parent, subsidiary and affiliated companies, and all of their past and present officers, directors, employees, agents and assigns VeriSign from (collectively, the “Released Parties”), from i) any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character, which the Executive Xxxxx may have against the Company or any of the Released Parties, or any of themVeriSign, by reason of or arising out of, touching upon or concerning the Executive’s employment, Xxxxx’ employment or separation of his employment and reapplication for employment with the CompanyVeriSign, or (ii) any statutory claims, or and (iii) any and all other matters of whatever kind, nature or description, whether known or unknown, occurring prior to the date of the execution of this Agreement. The Executive Xxxxx acknowledges that this release of claims specifically includes, but is not limited to, any and all claims he may have, or may believe he has, for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rights; wrongful or unlawful discharge or demotion; retaliation, violation of public policy; sexual assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; failure to pay wages, benefits, vacation pay, severance pay, attorneys’ fees, or other compensation of any sort; defamation; unlawful effort to prevent employment; discrimination or harassment on the basis of age, race, color, sex, gendergender identity, sexual orientation, national origin, ancestry, religious creedreligion, physical or mental disability, handicap, medical condition, genetic characteristic or marital status, sexual orientation, genetic information or characteristics, or any other basis protected by applicable law; any claim under: Title VII of the Civil Rights Act of 1964 (“Title VII”); the Americans With Disabilities Act of 1990 (“, ADA”); the Age Discrimination in Employment Act of 1967 (“ADEA”); the Employee Retirement Income Security Act of 1974 (“, FMLA, CFRA, FEHA, COBRA, OSHA or Cal-OSHA, ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Act”); the California Fair Employment and Housing Act (“FEHA”); , IRC, Business & Professions Code sections 17200, et seq., or the California Labor Code; and CalOSHA, Code or any other wrongful conduct, based upon events occurring prior to the date that this Agreement is executed by the ExecutiveXxxxx. Notwithstanding anything to the contrary herein, this Agreement shall not Xxxxx’x release the Executive’s right, if any, to claims he may have for: (i) indemnification pursuant to the bylaws and waiver of the Company right to bring claims under the ADEA or insurance policies of the Company, for any claims arising out of the Executive’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the Executive’s termination date pursuant to the terms of OWBPA shall be covered by a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms separate and conditions of the Executive’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive signs this Agreementstand alone agreement.

Release of Known and Unknown Claims. (a) It is understood and agreed by the parties to this Agreement that in In consideration of the mutual promises payments outlined above and covenants contained the further agreements set forth below, and excepting only the obligations created in this letter Agreement, Xx. Xxxxxxxxxxxxx hereby agrees unconditionally to release and after consultation with counseldischarge United Pan Am Financial Corporation, the Executive irrevocably United Auto Credit Corporation, their respective current and unconditionally releases and forever discharges the Company, its parent, subsidiary and affiliated companies, and all of their past and present former officers, directors, shareholders, employees, agents representatives, attorneys and assigns (collectivelyagents, the “Released Parties”)as well as their predecessors, parents, subsidiaries, affiliates, divisions, and successors in interest, of and from any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings liabilities, suits or liabilities damages of whatever kind any type or character, which the Executive may have against the Company or any of the Released Parties, or any of them, by reason of or arising out of, touching upon or concerning the Executive’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or description, whether known or unknown, occurring prior including, but not limited to, any claims or demands arising from or in any way related to Xx. Xxxxxxxxxxxxx’x employment with or separation from the Company on or before the date of the execution of this Agreement. The Executive acknowledges that this Xx. Xxxxxxxxxxxxx also hereby releases the Company from any claims made to recover additional taxes paid under Internal Revenue Code Section 409A. This release of claims specifically includes, but is not limited towithout limitation, any and all claims for fraud; wrongful discharge, breach of express or implied contract; , defamation, fraud, misrepresentation, discrimination, harassment, breach of the implied covenant of good faith and fair dealing; inducement , compensatory and/or other relief relating or in any way connected with the terms, conditions, and benefits of breach; interference with contractual rights; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; defamation; unlawful effort to prevent employment; , discrimination or harassment based on the basis of age, race, color, sex, genderreligion, national origin, ancestry, religious creed, physical or mental disability, medical conditionage, marital status, sexual orientationhandicap and medical condition, genetic information or characteristics, or any other basis protected by applicable law; any claim under: and/or all claims arising under Title VII of the Civil Rights Act of 1964 (“Title VII”); the Americans With Disabilities Act of 1990 (“ADA”); 1964, 42 U.S.C. § 2000e et seq., the Age Discrimination in Employment Act of 1967 (“ADEA”); as amended by the Older Workers Benefit Protection Act, the California Fair Employment and Housing Act, the California Labor Code, the Family and Medical Leave Act, the California Family Rights Act, COBRA, the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act , and/or violations of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Act”); the California Fair Employment and Housing Act (“FEHA”); the California Labor Code; and CalOSHA, or any other wrongful conductstatutes, based upon events occurring prior to the date that this Agreement is executed by the Executive. Notwithstanding anything to the contrary hereinrules, this Agreement shall not release the Executive’s right, if any, to claims he may have for: (i) indemnification pursuant to the bylaws of the Company regulations or insurance policies of the Company, for any claims arising out of the Executive’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the Executive’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the Executive’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any ordinances whether federal, state or local statutory and/or public policy right local. It is understood and agreed that this release extends to all claims of whatever nature, known or entitlement that, by applicable law, is not waivableunknown, and (vii) any wrongful act or omission occurring after includes all rights under Section 1542 of the date the Executive signs this Agreement.Civil Code of California, which provides as follows:

Release of Known and Unknown Claims. (a) It is understood and agreed by the parties to this Agreement that in In consideration of the mutual promises payments to be made by Ticketmaster pursuant to Section 1 of the Employment Agreement between Ticketmaster and covenants contained in this the Employee dated July 27, 2009 (the “Employment Agreement”), and after consultation with counsel, the Executive Employee irrevocably and unconditionally releases and forever discharges the CompanyTicketmaster, as defined above, as well its affiliated, parent, related, and subsidiary and affiliated companies, licensees, joint venturers and all of partnerships, as well as their past and present respective directors, officers, directorsshareholders, partners, employees, agents agents, attorneys, successors, and assigns (collectivelyassigns, the “Released Parties”)past and present, and each of them, from any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings liabilities, suits or liabilities damages of whatever kind any type or character, which the Executive may have against the Company or any of the Released Parties, or any of them, by reason of or arising out of, touching upon or concerning the Executive’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature whether in law or descriptionin equity, whether known or unknown, suspected or unsuspected, arising from or in any way related to Employee’s employment with Ticketmaster, and/or the severance of such employment from Ticketmaster and/or any events regarding Employee’s employment occurring prior to the date execution of the execution Agreement, including without limitation, all of this Agreement. The Executive acknowledges that this release those based on allegations of claims specifically includesdiscrimination or harassment on the basis race, color, sex, age, national origin, ancestry, religion, disability, handicap, medical condition, marital status, sexual orientation or any other bases protected by federal, state or local laws; any claim under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e, et seq.; the Age Discrimination in Employment Act, as amended by the Older Workers Benefit Protection Act of 1990, 29 U.S.C. § 621 et seq.; the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000, et seq.; the California Fair Employment & Housing Act, California Government Code § 12900, et seq.; violation of the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”); violation of the Occupational Safety and Health Act or any other safety and/or health laws, statutes or regulations; violation of the Employment Retirement Income Security Act of 1974 (“ERISA”); or any contract, tort, wage and hour law, and/or any federal, state or local fair employment practice or civil rights law, ordinance or executive order, or any other wrongdoing or improper conduct whatsoever, including but is not limited to, : any and all claims for fraudviolation of any state or federal law or regulations; or for breach of contractcontract (express or implied); breach of the implied covenant of good faith and fair dealing; inducement of breachwrongful discharge; interference with contractual rights; wrongful or unlawful discharge or demotionretaliation; violation of public policy; sexual assault and and/or battery; invasion of privacy; intentional misrepresentation; defamation; fraud; fraudulent inducement; or negligent infliction of emotional distress; intentional and any and all other claims or negligent misrepresentation; conspiracy; defamation; unlawful effort to prevent employment; discrimination or harassment on the basis of agetorts whatsoever, race, color, sex, gender, national origin, ancestry, religious creed, physical or mental disability, medical condition, marital status, sexual orientation, genetic information or characteristics, or any other basis protected by applicable law; any claim under: Title VII of the Civil Rights Act of 1964 (“Title VII”); the Americans With Disabilities Act of 1990 (“ADA”); the Age Discrimination in Employment Act of 1967 (“ADEA”); the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Act”); the California Fair Employment and Housing Act (“FEHA”); the California Labor Code; and CalOSHA, or any other wrongful conduct, based upon events occurring prior all to the date that this Agreement is executed fullest extent permitted by the Executive. Notwithstanding anything to the contrary herein, this Agreement shall not release the Executive’s right, if any, to claims he may have for: (i) indemnification pursuant to the bylaws of the Company or insurance policies of the Company, for any claims arising out of the Executive’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the Executive’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the Executive’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive signs this Agreement.

Release of Known and Unknown Claims. (a) It is understood and agreed by the parties to this Agreement that in consideration of the mutual promises and covenants contained in this Agreement, and after consultation with counsel, the Executive Employee irrevocably and unconditionally releases and forever discharges the Company, its parent, subsidiary and affiliated companies, and all of their past and present officers, directors, employees, agents and assigns (collectively, the “Released Parties”), from any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character, which the Executive Employee may have against the Company or any of the Released Parties, or any of them, by reason of or arising out of, touching upon or concerning the ExecutiveEmployee’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or description, whether known or unknown, occurring prior to the date of the execution of this Agreement. The Executive Employee acknowledges that this release of claims specifically includes, but is not limited to, any and all claims for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rights; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; defamation; unlawful effort to prevent employment; discrimination or harassment on the basis of age, race, color, sex, gender, national origin, ancestry, religious creed, physical or mental disability, medical condition, marital status, sexual orientation, genetic information or characteristics, or any other basis protected by applicable law; any claim under: Title VII of the Civil Rights Act of 1964 (“Title VII”); the Americans With Disabilities Act of 1990 (“ADA”); the Age Discrimination in Employment Act of 1967 (“ADEA”); the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Lilly DB2/ 30174412.8 Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Act”); the California Fair Employment and Housing Act (“FEHA”); the California Labor Code; and CalOSHA, or any other wrongful conduct, based upon events occurring prior to the date that this Agreement is executed by the ExecutiveEmployee. Notwithstanding anything to the contrary herein, this Agreement shall not release the ExecutiveEmployee’s right, if any, to claims he may have for: (i) indemnification pursuant to the Indemnification Agreement, dated [June 14, 2016], between Employee and the Company, the bylaws of the Company or insurance policies of the Company, for any claims arising out of the ExecutiveEmployee’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, workers’ compensation, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the ExecutiveEmployee’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the ExecutiveEmployee’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive Employee signs this Agreement.

Release of Known and Unknown Claims. (a) It is understood and agreed by the parties to this Agreement that in consideration of the mutual promises and covenants contained in this Agreement, and after consultation with counsel, the Executive Employee irrevocably and unconditionally releases and forever discharges the Company, its parent, subsidiary and affiliated companies, and all of their past and present officers, directors, employees, agents and assigns (collectively, the “Released Parties”), from any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character, which the Executive Employee may have against the Company or any of the Released Parties, or any of them, by reason of or arising out of, touching upon or concerning the ExecutiveEmployee’s employment, separation of his her employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or description, whether known or unknown, occurring prior to the date of the execution of this Agreement. The Executive Employee acknowledges that this release of claims specifically includes, but is not limited to, any and all claims for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rights; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; defamation; unlawful effort to prevent employment; discrimination or harassment on the basis of age, race, color, sex, gender, national origin, ancestry, religious creed, physical or mental disability, medical condition, marital status, sexual orientation, genetic information or characteristics, or any other basis protected by applicable law; any claim under: Title VII of the Civil Rights Act of 1964 (“Title VII”); the Americans With Disabilities Act of 1990 (“ADA”); the Age Discrimination in Employment Act of 1967 (“ADEA”); the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Act”); the California Fair Employment and Housing DB2/ 31050483.3 Act (“FEHA”); the California Labor Code; and CalOSHA, or any other wrongful conduct, based upon events occurring prior to the date that this Agreement is executed by the ExecutiveEmployee. Notwithstanding anything to the contrary herein, this Agreement shall not release the ExecutiveEmployee’s right, if any, to claims he she may have for: (i) indemnification pursuant to the Indemnification Agreement, dated [____________], between Employee and the Company, the bylaws of the Company or insurance policies of the Company, for any claims arising out of the ExecutiveEmployee’s conduct as an employee or officer of the Company during his her employment, (ii) unemployment, workers’ compensation, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the ExecutiveEmployee’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the ExecutiveEmployee’s existing stock option grants and agreements, existing as of his her termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive Employee signs this Agreement.

Release of Known and Unknown Claims. (a) It is understood In exchange for the agreements contained in Paragraph 1, above, and agreed by the parties to this Agreement that in consideration of the mutual promises and covenants contained in this Agreementfurther agreements set forth below, and after consultation with counsel, each of the Executive irrevocably and Parties agrees to unconditionally releases and forever discharges release and discharge the Company, its parent, subsidiary and affiliated companies, and all of their past and present officers, directors, employees, agents and assigns (collectively, the “Released Parties”)other Party, from any and all claims, actions, causes of action, claims, actionsdemands, rights, judgments, obligations, damages, demands, accountings or liabilities damages of whatever any kind or character, nature which the Executive he/it may have against the Company or any of the Released Partiesnow have, or any of them, by reason of or arising out of, touching upon or concerning the Executive’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or descriptionever have, whether known or unknown, occurring prior including any claims, causes of action or demands of any nature arising out of or in any way relating to the Employee’s employment with and/or separation from Hanmi on or before the date of the execution of this Agreement. The Executive acknowledges that this This release of claims specifically includes, but is not limited to, any and all claims for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rightscontract; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; defamationfailure to pay wages, overtime, commission, benefits, vacation pay, severance pay, attorneys’ fees, or other compensation of any sort; unlawful effort to prevent employmentretaliation; discrimination or harassment on the basis of age, race, color, sex, gender, national origin, ancestry, religious creedreligion, physical or mental disability, handicap, medical condition, marital status, sexual orientation, genetic information or characteristics, orientation or any other basis protected by applicable lawcategory; any claim under: under Title VII of the Civil Rights Act of 1964 (“Title VII”); 1964, as amended, the Americans With with Disabilities Act of 1990 (“ADA”); Act, the Age Discrimination in Employment Act of 1967 (“ADEA”); Act, the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Older Workers Benefit Protection Act”); , the California Fair Employment and Housing Act (“FEHA”); Act, or Section 1981 of Title 42 of the California Labor United States Code; violation of COBRA; violation of any safety and CalOSHAhealth laws, statutes or regulations; violation of ERISA; violation of the Internal Revenue Code; or any other wrongful conduct, based upon events occurring prior to the date that of execution of this Agreement is executed by the ExecutiveAgreement. Notwithstanding anything to the contrary herein, this Agreement shall not release the Executive’s right, if any, to claims he may have for: (i) indemnification pursuant to the bylaws Each of the Company or insurance policies Parties further agrees knowingly to waive the provisions and protections of Section 1542 of the CompanyCalifornia Civil Code, for any claims arising out of the Executive’s conduct as an employee or officer of the Company during his employmentwhich reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, (ii) unemploymentWHICH, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state lawIF KNOWN BY HIM, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the Executive’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the Executive’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive signs this AgreementMUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Release of Known and Unknown Claims. (a) It is understood and agreed by the parties to this Agreement that in consideration of the mutual promises and covenants contained in this Agreement, and after consultation with counsel, the Executive Employee irrevocably and unconditionally releases and forever discharges the Company, its parent, subsidiary and affiliated companies, and all of their past and present officers, directors, employees, agents and assigns (collectively, the “Released Parties”), from any and all causes of action, claims, actions, rights, judgments, obligations, damages, demands, accountings or liabilities of whatever kind or character, which the Executive Employee may have against the Company or any of the Released Parties, or any of them, by reason of or arising out of, touching upon or concerning the ExecutiveEmployee’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or description, whether known or unknown, occurring prior to the date of the execution of this Agreement. The Executive Employee acknowledges that this release of claims specifically includes, but is not limited to, any and all claims for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rights; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; defamation; unlawful effort to prevent employment; discrimination or harassment on the basis of age, race, color, sex, gender, national origin, ancestry, religious creed, physical or mental disability, medical condition, marital status, sexual orientation, genetic information or characteristics, or any other basis protected by applicable law; any claim under: Title VII of the Civil Rights Act of 1964 (“Title VII”); the Americans With Disabilities Act of 1990 (“ADA”); the Age Discrimination in Employment Act of 1967 (“ADEA”); the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Act”); the California Fair Employment and Housing Act (“FEHA”); the California Labor Code; and CalOSHA, or any other wrongful conduct, based upon events occurring prior to the date that this Agreement is executed by the ExecutiveEmployee. Notwithstanding anything to the contrary herein, this Agreement shall not release the ExecutiveEmployee’s right, if any, to claims he may have for: (i) indemnification pursuant to the Indemnification Agreement, dated [ ], between Employee and the Company, the bylaws of the Company or insurance policies of the Company, for any claims arising out of the ExecutiveEmployee’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the ExecutiveEmployee’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the ExecutiveEmployee’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive Employee signs this Agreement.

Release of Known and Unknown Claims. (a) It is understood and agreed by the parties to this Agreement that in In consideration of the mutual promises benefits being provided to Executive as stated above and covenants the releases contained in this Agreement, and after consultation with counselherein, the Executive irrevocably adequacy of which is hereby acknowledged, Executive, on behalf of himself/herself, his/her heirs, administrators, executors, personal representatives, predecessors, successors and unconditionally assigns, hereby forever releases and forever discharges the Company, and its parentReleased Parties (which term “Released Parties” includes, subsidiary as applicable, affiliates, parents, subsidiaries as well as its and affiliated companiestheir current and former directors, and all of their past and present officers, directorsshareholders, members, partners (both general and limited), employees, agents representatives, attorneys, insurers, reinsurers and agents, and the heirs, administrators, executors, successors, and assigns (collectively, of each of the “Released Parties”foregoing), of and from any and all claims, causes of action, claimsactions, actionsdemands, liabilities, rights, judgments, obligations, damagesaccountings, demandssuits or damages of any type or kind, accountings whether known or liabilities of whatever kind or characterunknown, which the Executive ever had, now has, or hereafter can or may have against the Company or any of the Released Parties, or any of them, Parties by reason of (in whole or arising out of, touching upon or concerning in part) any matter occurring through the Executive’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or descriptiondate Executive signs this Release, whether known arising in common law or unknownstatutory, occurring prior to the date of the execution of this Agreementlegal or equitable, in contract or tort. The Executive acknowledges that this Separation and Release Agreement This release of claims specifically includes, includes but is not limited toto claims of employment discrimination, either as a result of Executive’s employment and/or termination therefrom or otherwise, arising under any and all claims for fraudfederal or state statute, including without limitation: the Civil Rights Act of 1866; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rights; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and battery; invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; defamation; unlawful effort to prevent employment; discrimination or harassment on the basis of age, race, color, sex, gender, national origin, ancestry, religious creed, physical or mental disability, medical condition, marital status, sexual orientation, genetic information or characteristics, or any other basis protected by applicable law; any claim under: Title VII of the Civil Rights Act of 1964 (“Title VII”)1964, as amended; the Family and Medical Leave Act; the Americans With with Disabilities Act of 1990 1990, as amended; the Employment Retirement Income Security Act of 1974, as amended (“ADA”except as to claims for accrued and vested benefits, if any); the Age Discrimination in Employment Act of 1967 (“ADEA”); , as amended by the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Older Workers Benefit Protection Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRAOWBPA”); the Worker Adjustment Retraining and Retraining Notification Act and similar state and local laws; the National Labor Relations Act (“WARNNLRA”); any amendments to the Occupational Safety foregoing; any other claims of wrongful discharge, violation of public policy, discrimination on any basis, including without limitation, any claim of discrimination based on race, color, national origin, religion, sex, age or handicap, harassment and/or retaliation; claims of breach of contract, an implied covenant of good faith and Health Act (“OSHA”)fair dealing, promissory estoppel, and/or unjust enrichment; the Xxxxx Xxxxxxxxx Fair Pay Act claims of 2009 (“Fair Pay Act”)fraud, negligent misrepresentation, intentional or negligent infliction of emotional distress, serious and willful misconduct, defamation, slander, libel, unfair business practices, interference with contract or prospective economic advantage, negligence, assault, battery, and/or violation of privacy; the California Fair Employment and Housing Act (“FEHA”); the California Labor Code; and CalOSHAclaims for unpaid compensation, including wages, bonuses, commission, vacation, benefits or any other wrongful conductcompensation of any kind; claims for damages of any kind and nature, based upon events occurring prior to the date including compensatory, general, special or punitive; and/or claims for attorneys’ fees and/or costs. Executive acknowledges that this Agreement is executed by the Executive. Notwithstanding anything to the contrary herein, this Agreement shall not release the Executive’s right, if any, Release extends also to claims he that he/she does not know or suspect to exist in his/her favor at the time of executing this Release, which if known by him/her might have materially affected his/her decision to execute this Release. Executive knowingly and voluntarily waives and relinquishes all rights and benefits that he/she has or may have for: (i) indemnification pursuant under applicable law with respect to the bylaws of the Company or insurance policies of the Company, for any claims arising out of the Executive’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the Executive’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the Executive’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive signs this Agreementsuch claims.

Release of Known and Unknown Claims. (a) It is understood and agreed by In exchange for the parties to this Agreement that in consideration of the mutual promises and covenants agreements contained in this Agreement, Axxxxxxx unconditionally and after consultation with counsel, the Executive irrevocably and unconditionally forever releases and forever discharges the Company, its parentand the Company’s affiliated, related, parent and subsidiary corporations, as well as the Company’s and affiliated companiestheir respective attorneys, and all of their past and present officersagents, directorsrepresentatives, partners, joint venturers, investors, successors, assigns, insurers, owners, employees, agents officers and assigns former officers, directors and former directors (collectivelyincluding current and former chairmen and executive chairmen), (hereinafter the “Released PartiesReleasees”), ) from any and all claims, actions, causes of action, claims, actionsdemands, rights, judgments, obligations, damages, demands, accountings or liabilities damages of whatever any kind or character, nature which the Executive he may have against the Company or any of the Released Partiesnow have, or any of them, by reason of or arising out of, touching upon or concerning the Executive’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or descriptionever have, whether known or unknown, occurring prior to including any claims, causes of action or demands of any nature arising on or before the date of the execution of this AgreementAgreement (“Claims”); provided, however, that in no case shall the Claims released under this Agreement be deemed to include (i) any right or remedy that Axxxxxxx may have under the terms of this Agreement or (ii) any rights to indemnification that Axxxxxxx may have under the Delaware General Corporation Law, Section 19 of the 2013 Agreement or under any indemnification agreement between Axxxxxxx and the Company regarding, relating to or arising out of his service as an employee, officer, director or agent of the Company. The Executive acknowledges that this This release of claims specifically includes, but is not limited to, any and all claims Claims for fraudfraud or fraudulent inducement; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rightscontract; tortious denial of contract; interference with proprietary interests; wrongful or unlawful discharge or demotion; violation of public policy; sexual securities violations; breach of duty; assault and batterybattery (sexual or otherwise); invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; negligence; negligent retention; defamation; unlawful effort invasion of privacy; failure to prevent employmentpay wages, benefits, vacation pay, severance pay, attorneys’ fees, or other compensation of any sort; retaliation, discrimination or harassment on the basis of age, race, color, sex, gender, national origin, ancestry, religious creedreligion, physical or mental disability, handicap, medical condition, marital status, sexual orientation, genetic information or characteristics, orientation or any other basis protected by applicable lawcategory; failure to accommodate, engage in the interactive process or prevent discrimination, harassment and/or violation of any statutes, regulations or ordinances; any claim under: under Title VII of the Civil Rights Act of 1964 (“Title VII”); 1964, as amended, the Family and Medical Leave Act, the Americans With with Disabilities Act of 1990 (“ADA”); the Age Discrimination in Employment Act of 1967 (“ADEA”); the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Act”); , the California Fair Employment and Housing Act (“FEHA”); Act, the California Labor Code; and CalOSHA, the California Penal Code, or Section 1981 of Title 42 of the United States Code; violation of COBRA; violation of any safety and health laws, statutes or regulations; violation of Constitutional rights; violation of ERISA; application or violation of the Internal Revenue Code; any other wrongful conduct, based upon events occurring prior to the date of execution of this Agreement; or any matter or Claim related to any business or other transaction between the Company and Axxxxxxx, including, without limitation, the sale of Digital Turbine Group, LLC (“DT”) to the Company’s affiliate pursuant to the December 28, 2011 Asset Purchase Agreement and related agreements and the fairness, adequacy or terms of such agreements and transactions or any breach of such agreements or any promises made to induce such agreements or transactions (the “DT Sale”). Axxxxxxx further agrees that he is expressly waiving and relinquishing all rights and benefits afforded Section 1542 of the California Civil Code, and does so understanding and acknowledging the significance and consequences of such specific waiver of Section 1542. Axxxxxxx acknowledges that he is familiar with the provisions of California Civil Code Section 1542, which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Thus, notwithstanding the provisions of Section 1542, for the purpose of implementing a full and complete release of all claims, Axxxxxxx expressly acknowledges that this Agreement is executed also intended to include in its effect, without limitation, all claims which he does not know, expect or suspect to exist in his favor at the time of execution hereof, and that this Agreement contemplates the extinguishment of any such claim or claims. This release of claims shall be construed as broadly as possible under applicable law but shall not include any claim the release of which would violate California or federal statutory law or the public policy of the State of California. Nothing in this release of claims shall be construed as prohibiting Axxxxxxx from making a future claim with the Equal Employment Opportunity Commission or any similar state agency including, but not limited to the California Department of Fair Employment and Housing provided, however, that should Axxxxxxx pursue such an administrative action against the Releasees, Axxxxxxx agrees and acknowledges that he will not seek, nor shall he be entitled to recover, any monetary damages from any such proceeding. Axxxxxxx covenants never to sxx or arbitrate or threaten to sxx or arbitrate, on or under or based on any Claim that is released by the Executiveabove release. Notwithstanding anything There are no third party beneficiaries of this Agreement, except as provided in the next sentence. Only the Company may enforce, or a permit or deny in its sole discretion a third party to enforce, any provision of the contrary releases contained herein, this Agreement shall not release even if a person or entity is a specifically named or identified Releasee; provided, however, the Executive’s right, if any, to claims he may have for: (i) indemnification pursuant to current members of the bylaws board of the Company or insurance policies of in office on the Companydate immediately after the date hereof, for any claims arising out of the Executive’s conduct as an employee or officer and current officers of the Company during his employment, (ii) unemployment, state disability and/or paid family leave insurance benefits pursuant to in office on the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the Executive’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the Executive’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, by applicable law, is not waivable, and (vii) any wrongful act or omission occurring immediately after the date hereof, are the Executive signs this Agreementonly intended third party beneficiaries of the releases and covenants not to sxx contained herein; provided, further, that such third party beneficiaries shall reasonably cooperate with the Company in any such enforcement. Axxxxxxx represents and warrants that he has not assigned or granted any rights to acquire any Claim released hereunder. Axxxxxxx represents and warrants that Axxxxxxx has filed no claims, lawsuits, charges, grievances, or causes of action of any kind against the Company and/or the Releasees.

Release of Known and Unknown Claims. (a) It is understood and agreed by In exchange for the parties to this Agreement that in consideration of the mutual promises and covenants agreements contained in this Agreement and the additional vesting of equity awards as specified in [the applicable paragraph(s)] of the Employment Agreement, and after consultation with counsel, the Executive irrevocably and agrees unconditionally releases and forever discharges to release and discharge the Company and the Company’s affiliated, its parentrelated, parent and subsidiary corporations, as well as the Company’s and affiliated companiesany affiliated, related, parent and subsidiary corporation’s respective attorneys, agents, representatives, partners, joint venturers, successors, assigns, insurers, owners, employees, officers, and all of their directors, past and present officers, directors, employees, agents and assigns (collectively, hereinafter the “Released PartiesReleasees”), ) from any and all claims, actions, causes of action, claims, actionsdemands, rights, judgments, obligations, damages, demands, accountings or liabilities damages of whatever any kind or character, nature which the Executive he may have against the Company or any of the Released Partiesnow have, or any of them, by reason of or arising out of, touching upon or concerning the Executive’s employment, separation of his employment and reapplication for employment with the Company, or any statutory claims, or any and all other matters of whatever kind, nature or descriptionever have, whether known or unknown, occurring prior including any claims, causes of action or demands of any nature arising out of or in any way relating to Executive’s employment with, or separation from the Company on or before the date of the execution of this Agreement. The Executive acknowledges that this This release of claims specifically includes, but is not limited to, any and all claims for fraud; breach of contract; breach of the implied covenant of good faith and fair dealing; inducement of breach; interference with contractual rightscontract; wrongful or unlawful discharge or demotion; violation of public policy; sexual assault and batterybattery (sexual or otherwise); invasion of privacy; intentional or negligent infliction of emotional distress; intentional or negligent misrepresentation; conspiracy; defamationfailure to pay wages, benefits, vacation pay, severance pay, attorneys’ fees, or other compensation of any sort; unlawful effort to prevent employment; retaliation, discrimination or harassment on the basis of age, race, color, sex, gender, national origin, ancestry, religious creedreligion, physical or mental disability, handicap, medical condition, marital status, sexual orientation, genetic information or characteristics, orientation or any other basis protected by applicable lawcategory; any claim under: under Title VII of the Civil Rights Act of 1964 (“Title VII”); 1964, as amended, the Americans With with Disabilities Act of 1990 (“ADA”); Act, the Age Discrimination in Employment Act of 1967 (“ADEA”); Act, the Employee Retirement Income Security Act of 1974 (“ERISA”); the Equal Pay Act of 1963 (“EPA”); the Fair Labor Standards Act (“FLSA”); the Consolidated Omnibus Budget Reconciliation Act (“COBRA”); the Worker Adjustment and Retraining Notification Act (“WARN”); the Occupational Safety and Health Act (“OSHA”); the Xxxxx Xxxxxxxxx Fair Pay Act of 2009 (“Fair Pay Older Workers Benefit Protection Act”); , the California Fair Employment and Housing Act (“FEHA”); Act, the California Labor Code, the California Family Rights Act, the Family and Medical Leave Act, or Section 1981 of Title 42 of the United States Code; violation of COBRA; violation of any safety and CalOSHAhealth laws, statutes or regulations; violation of ERISA; violation of the Internal Revenue Code; or any other wrongful conduct, based upon events occurring prior to the date that of execution of this Agreement is executed Agreement. Executive further agrees knowingly to waive the provisions and protections of Section 1542 of the California Civil Code, which reads: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. This release of claims does not include any claim which cannot be waived by private agreement. Nothing in this release of claims shall be construed as prohibiting Executive from making a future claim with the Executive. Notwithstanding anything Equal Employment Opportunity Commission or any similar state agency including, but not limited to the contrary hereinCalifornia Department of Fair Employment and Housing, this Agreement shall not release or from cooperating with such agency in any investigation or proceeding; provided, however, that should Executive pursue such an administrative action against the Executive’s rightReleasees, if anyor any of them, Executive agrees and acknowledges that, to claims he may have for: (i) indemnification pursuant to the bylaws of the Company or insurance policies of the Company, for any claims arising out of the Executive’s conduct as an employee or officer of the Company during his employment, (ii) unemployment, state disability and/or paid family leave insurance benefits pursuant to the terms of applicable state law, (iii) continuation of existing participation in Company-sponsored group health benefit plans under COBRA and/or an applicable state counterpart law, (iv) any benefit entitlements that are vested as of the Executive’s termination date pursuant to the terms of a Company-sponsored benefit plan governed by ERISA, (v) stock and/or vested option shares pursuant to the written terms and conditions of the Executive’s existing stock option grants and agreements, existing as of his termination date, (vi) violation of any federal, state or local statutory and/or public policy right or entitlement that, extent permitted by applicable law, he will not seek, nor shall he be entitled to recover, any monetary damages from any such proceeding. In addition, this Agreement does not apply to any claims for unemployment compensation benefits, workers compensation benefits, health insurance benefits under the Consolidated Omnibus Budget Reconciliation Act (COBRA), claims for payment of Accrued Obligations and provision of Vested Benefits (as such terms are defined in the Employment Agreement), claims for payment of Severance Pay in accordance with this release and [the applicable paragraph(s)] of the Employment Agreement, claims with regard to vested benefits under a retirement plan governed by the Employee Retirement Income Security Act (ERISA) or claims for indemnification as described in Paragraph G.5. of the Employment Agreement, which is not waivable, and (vii) any wrongful act or omission occurring after the date the Executive signs this Agreementincorporated herein as though set forth in full.