Common use of Release of the Bank Clause in Contracts

Release of the Bank. Employee, for himself, his successors, assigns, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Bank and its respective officers, directors, stockholders, trustees, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns and attorneys (“the Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever, in law or in equity, which Employee ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parents, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal or state law, except as provided in Paragraph 2; claims arising under Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Bank of its obligations to Employee under the Employment Agreement or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles of incorporation, Georgia law or otherwise.

Release of the Bank. In consideration of receipt by Employee of the Severance Package or the Change of Control Compensation Package, as applicable, which Employee acknowledges is in addition to anything of value to which he/she is otherwise entitled, Employee, for on behalf of himself, his successors, assigns/herself and his/her heirs, attorneys, executors, successors, administrators and all those entitled to assert his rightsassigns, now does hereby release, acquit and forever hereby releases and discharges discharge the Bank and its respective officerspredecessors, successors, assigns, subsidiaries, divisions, holding companies, affiliated companies and benefit plans, and each of their respective present and former affiliates, directors, stockholdersofficers, trusteesfiduciaries, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns successors and attorneys (“the Released Parties”)assigns, from any and all claimsliabilities, actionsdamages, causes of actionaction and claims of any nature, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, kind or liabilities description whatsoever, in law whether accrued or in equityto accrue, which Employee ever had or had, now has or hereafter may have against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parentsthem, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related are based on facts occurring the day of and prior to the aforesaid employment relationship including day Employee executes this Agreement, including, but not limited to to, any claims for employment discrimination under any state or federal law or state lawstatute, except as provided including, but not limited to, the Age Discrimination in Paragraph 2; claims arising under Title VII Employment Act of 1967 (29 U.S.C. section 621 et seq.), the Americans with Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Equal Pay Act, 42 U.S.C. § 2000(e)any claim based on tort, et seqcontract or otherwise, any claim for attorneys’ fees or costs, or any matter or action related to Employee employment and/or affiliation with, or termination and separation from the Bank and its affiliates. This Agreement recognizes the rights and responsibilities of the Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing (“DFEH”) to enforce the statutes which come under their jurisdiction. This Agreement is not intended to prevent Employee from initiating or participating in any investigation or proceeding conducted by the EEOC or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.DFEH; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release in this section limits or affects the Bank finality or the scope of its obligations the Release. Employee has waived and released any claim that he/she may have for damages based on any alleged discrimination, harassment or retaliation, that is based on facts occurring the day of and prior to the day the Employee under executes this Agreement, and may not recover damages in any proceeding conducted by the Employment Agreement EEOC or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles of incorporation, Georgia law or otherwiseDFEH.

Release of the Bank. Employee, for himselfherself, his her successors, assigns, attorneys, and all those entitled to assert his her rights, now and forever hereby releases and discharges the Bank and its respective officers, directors, stockholders, trustees, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns and attorneys (“the Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever, in law or in equity, which Employee ever had or now has against the Released Parties, including including, without limitation, any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parents, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship and including but not limited to claims for employment discrimination under federal or state law, except as provided in Paragraph 2; claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for emotional distress; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and claims under any other applicable federal, state or local laws or legal concepts; provided, however, that nothing herein shall release the Bank of its obligations to Employee under the Employment Agreement or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles certificate of incorporation, Georgia Texas law or otherwise.

Release of the Bank. Employee, for himself, his successors, assigns, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Bank and its respective officers, directors, stockholders, trustees, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns and attorneys (“the Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever, in law or in equity, which Employee ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parents, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal or state law, except as provided in Paragraph 2; claims arising under Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Dxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Bank of its obligations to Employee under the Employment Agreement or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles of incorporation, Georgia law or otherwise.

Release of the Bank. Employee, for himself, his successors, assigns, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Bank and its respective officers, directors, stockholders, trustees, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns and attorneys (“the Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever, in law or in equity, which Employee ever had or now has against the Released Parties, including including, without limitation, any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parents, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship and including but not limited to claims for employment discrimination under federal or state law, except as provided in Paragraph 2; claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for emotional distress; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and claims under any other applicable federal, state or local laws or legal concepts; provided, however, that nothing herein shall release the Bank of its obligations to Employee under the Employment Agreement or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles certificate of incorporation, Georgia Texas law or otherwise.

Release of the Bank. EmployeeExecutive, for himself, his successors, assigns, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Bank and its respective officers, directors, stockholders, trustees, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns and attorneys (“the Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever, in law or in equity, which Employee Executive ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parents, subsidiaries, affiliates, or predecessors, and EmployeeExecutive. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee Executive has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal or state law, except as provided in Paragraph 2; claims arising under Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Executive Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Bank of its obligations to Employee Executive under the Employment Agreement, the Merger Agreement or any other contractual obligations between the Bank or its affiliates and EmployeeExecutive, or any indemnification obligations to Employee Executive under the Bank’s bylaws, articles of incorporation, Georgia law or otherwise.

Release of the Bank. EmployeeIn consideration of the agreements of the Bank contained herein and for other good and valuable consideration, for himselfthe receipt and sufficiency of which is hereby acknowledged, his the City and the Defendants, on behalf of themselves and their respective council members, officers, directors, employees, agents, successors, assigns, attorneysheirs and other legal representatives (the “Releasing Parties”), hereby absolutely, unconditionally and all those entitled to assert his rightsirrevocably release, now remise and forever hereby releases and discharges discharge the Bank and its respective officerssuccessors and assigns, and its present and former shareholders, affiliates, subsidiaries, divisions, predecessors, directors, stockholdersofficers, trusteesattorneys, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns agents and attorneys other representatives (the Bank and all such other persons and entities being hereinafter referred to collectively as the “the Released PartiesReleasees” and individually as a “Releasee”), of and from any and all claimsdemands, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgmentscontroversies, agreements, promises, demandssums of money, claims for attorney’s fees accounts, bills, reckonings, damages and costsany and all other claims, counterclaims, defenses, rights of set off, demands and liabilities whatsoever (individually, a “Claim” and collectively, “Claims”) of every name and nature, known or liabilities whatsoeverunknown, in suspected or unsuspected, both at law or and in equity, which Employee ever had the Releasing Parties may now or now has hereafter own, hold, have or claim to have against the Released PartiesReleasees or any of them for, including any claims arising upon, or by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parentscircumstance, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims cause or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, thing whatsoever from the beginning of time the world to the date day of this Releasethese presents, whether known as arising from any and all dealings between or unknown, that now exists, no matter how remotely they may be among the Releasing Parties and Releasees related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal or state lawRevenue Bonds and the Lawsuit, less and except as provided in Paragraph 2; claims arising under Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Bank of its obligations to Employee under the Employment Agreement or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylawsobligations under this Agreement. Defendants agree that no fact, articles event, circumstance, evidence or transaction which could now be asserted or which may hereafter be discovered shall affect in any manner the final, absolute and unconditional nature of incorporation, Georgia law or otherwisethe release set forth above. This release shall have no affect whatsoever on any claims described in Section 3 above and there are no intended third party beneficiaries of this release.

Release of the Bank. In consideration of receipt by Employee of the Severance Package or the Change of Control Compensation Package, as applicable, which Employee acknowledges is in addition to anything of value to which he/she is otherwise entitled, Employee, for on behalf of himself, his successors, assigns/herself and his/her heirs, attorneys, executors, successors, administrators and all those entitled to assert his rightsassigns, now does hereby release, acquit and forever hereby releases and discharges discharge the Bank and its respective officerspredecessors, successors, assigns, subsidiaries, divisions, holding companies, affiliated companies and benefit plans, and each of their respective present and former affiliates, directors, stockholdersofficers, trusteesfiduciaries, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns successors and attorneys (“the Released Parties”)assigns, from any and all claimsliabilities, actionsdamages, causes of actionaction and claims of any nature, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, kind or liabilities description whatsoever, in law whether accrued or in equityto accrue, which Employee ever had or had, now has or hereafter may have against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parentsthem, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related are based on facts occurring the day of and prior to the aforesaid employment relationship including day Employee executes this Agreement, including, but not limited to to, any claims for employment discrimination under any state or federal law or state lawstatute, except as provided including, but not limited to, the Age Discrimination in Paragraph 2; claims arising under Title VII Employment Act of 1967 (29 U.S.C. section 621 et seq.), the Americans with Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Equal Pay Act, 42 U.S.C. § 2000(e)any claim based on tort, et seqcontract or otherwise, any claim for attorneys’ fees or costs, or any matter or action related to Employee employment and/or affiliation with, or termination and separation from the Bank and its affiliates. This Agreement recognizes the rights and responsibilities of the Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing (“DFEH”) to enforce the statutes which come under their jurisdiction. This Agreement is not intended to prevent Employee from initiating or participating in any investigation or proceeding conducted by the EEOC or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.DFEH; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release in this section limits or affects the Bank finality or the scope of its obligations the Release. Employee has waived and released any claim that he/she may have for damages based on any alleged discrimination, harassment or retaliation, that are based on facts occurring the day of and prior to the day the Employee under executes this Agreement, and may not recover damages in any proceeding conducted by the Employment Agreement EEOC or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles of incorporation, Georgia law or otherwiseDFEH.

Release of the Bank. In consideration of receipt by Employee of the Severance Package or the Change of Control Compensation Package, as applicable, which Employee acknowledges is in addition to anything of value to which he is otherwise entitled, Employee, for on behalf of himself, his successors, assigns/herself and his/her heirs, attorneys, executors, successors, administrators and all those entitled to assert his rightsassigns, now on an individual basis and as the representative of any class, does hereby release, acquit and forever hereby releases and discharges discharge the Bank and its respective officerspredecessors, successors, assigns, subsidiaries, divisions, holding companies, affiliated companies and benefit plans, and each of their respective present and former affiliates, directors, stockholdersofficers, trusteesfiduciaries, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns successors and attorneys (“the Released Parties”)assigns, from any and all claimsliabilities, actionsdamages, causes of actionaction and claims of any nature, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, kind or liabilities description whatsoever, in law whether accrued or in equityto accrue, which Employee ever had or had, now has or hereafter may have against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parentsthem, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related are based on facts occurring up to the aforesaid employment relationship including day Employee executes this Agreement, including, but not limited to to, any claims for employment discrimination under any state or federal law or state lawstatute, except as provided including, but not limited to, the Age Discrimination in Paragraph 2; claims arising under Title VII Employment Act of 1967 (29 U.S.C. section 621 et seq.), the Americans with Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Equal Pay Act, 42 U.S.C. § 2000(e)any claim based on tort, et seqcontract or otherwise, any claim for attorneys’ fees or costs, or any matter or action related to Employee employment and/or affiliation with, or termination and separation from the Bank and its affiliates. This Agreement recognizes the rights and responsibilities of the Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing (“DFEH”) to enforce the statutes which come under their jurisdiction. This Agreement is not intended to prevent Employee from initiating or participating in any investigation or proceeding conducted by the EEOC or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.DFEH; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release in this section limits or affects the Bank finality or the scope of its obligations the Release. Employee has waived and released any claim that she may have for damages based on any alleged discrimination, harassment or retaliation, that is based on facts occurring the day of and prior to the day the Employee under executes this Agreement, and may not recover damages in any proceeding conducted by the Employment Agreement EEOC or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles of incorporation, Georgia law or otherwiseDFEH.

Release of the Bank. Employee, for himselfherself, his her successors, assigns, attorneys, and all those entitled to assert his her rights, now and forever hereby releases and discharges the Bank and its respective officers, directors, stockholders, trustees, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns and attorneys (“the Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever, in law or in equity, which Employee ever had or now has against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parents, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship including but not limited to claims for employment discrimination under federal or state law, except as provided in Paragraph 2; claims arising under Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Dxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release the Bank of its obligations to Employee under the Employment Agreement or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles of incorporation, Georgia law or otherwise.

Release of the Bank. Employee, for himself, his successors, assigns, attorneys, and all those entitled to assert his rights, now and forever hereby releases and discharges the Bank and its respective officers, directors, stockholders, trustees, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns and attorneys (“the Released Parties”), from any and all claims, actions, causes of action, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, or liabilities whatsoever, in law or in equity, which Employee ever had or now has against the Released Parties, including including, without limitation, any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parents, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, whether known or unknown, of any nature whatsoever, including those which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related to the aforesaid employment relationship and including but not limited to claims for employment discrimination under federal or state law, except as provided in Paragraph 2; claims arising under the Age Discrimination in Employment Act, 29 U.S.C. § 621, et seq., Title VII of the Civil Rights Act, 42 U.S.C. § 2000(e), et seq. or the Americans With Xxxxxxxxxxxx Dixxxxxxxxxx Xxx, 00 X.X.X. § 00000 et xt seq.; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for emotional distress; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and claims under any other applicable federal, state or local laws or legal concepts; provided, however, that nothing herein shall release the Bank of its obligations to Employee under the Employment Agreement or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles certificate of incorporation, Georgia Texas law or otherwise.

Release of the Bank. In consideration of receipt by Employee of the Severance Package or the Change of Control Compensation Package, as applicable, which Employee acknowledges is in addition to anything of value to which he/she is otherwise entitled, Employee, for on behalf of himself, his successors, assigns/herself and his/her heirs, attorneys, executors, successors, administrators and all those entitled to assert his rightsassigns, now does hereby release, acquit and forever hereby releases and discharges discharge the Bank and its respective officerspredecessors, successors, assigns, subsidiaries, divisions, holding companies, affiliated companies and benefit plans, and each of their respective present and former affiliates, directors, stockholdersofficers, trusteesfiduciaries, employees, agents, parent corporations, subsidiaries, affiliates, estates, successors, assigns successors and attorneys (“the Released Parties”)assigns, from any and all claimsliabilities, actionsdamages, causes of actionaction and claims of any nature, sums of money due, suits, debts, liens, covenants, contracts, obligations, costs, expenses, damages, judgments, agreements, promises, demands, claims for attorney’s fees and costs, kind or liabilities description whatsoever, in law whether accrued or in equityto accrue, which Employee ever had or had, now has or hereafter may have against the Released Parties, including any claims arising by reason of or in any way connected with any employment relationship which existed between the Bank or any of its parentsthem, subsidiaries, affiliates, or predecessors, and Employee. It is understood and agreed that this Release is intended to cover all actions, causes of action, claims or demands for any damage, loss or injury, which may be traced either directly or indirectly to the aforesaid employment relationship, or the termination of that relationship, that Employee has, had or purports to have, from the beginning of time to the date of this Release, whether known or unknown, that now exists, no matter how remotely they may be related are based on facts occurring the day of and prior to the aforesaid employment relationship including day Employee executes this Agreement, including, but not limited to to, any claims for employment discrimination under any state or federal law or state lawstatute, except as provided including, but not limited to, the Age Discrimination in Paragraph 2; claims arising under Title VII Employment Act of 1967 (29 U.S.C. section 621 et seq.), the Americans with Disabilities Act of 1990, the Civil Rights Acts of 1964 and 1991, the Equal Pay Act, 42 U.S.C. § 2000(e)any claim based on tort, et seqcontract or otherwise, any claim for attorneys’ fees or costs, or any matter or action related to Employee employment and/or affiliation with, or termination and separation from the Bank and its affiliates. This Agreement recognizes the rights and responsibilities of the Equal Employment Opportunity Commission (“EEOC”) and the California Department of Fair Employment and Housing (“DFEH”) to enforce the statutes which come under their jurisdiction. This Agreement is not intended to prevent Employee from initiating or participating in any investigation or proceeding conducted by the EEOC or the Americans With Xxxxxxxxxxxx Xxx, 00 X.X.X. § 00000 et seq.DFEH; claims for statutory or common law wrongful discharge, including any claims arising under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; claims for attorney’s fees, expenses and costs; claims for defamation; claims for wages or vacation pay; claims for benefits, including any claims arising under the Employee Retirement Income Security Act, 29 U.S.C. § 1001, et seq.; and provided, however, that nothing herein shall release in this section limits or affects the Bank finality or the scope of its obligations the Release. Employee has waived and released any claim that he/she may have for damages based on any alleged discrimination, harassment or retaliation that is based on facts occurring the day of and prior to the day the Employee under executes this Agreement, and may not recover damages in any proceeding conducted by the Employment Agreement EEOC or any other contractual obligations between the Bank or its affiliates and Employee, or any indemnification obligations to Employee under the Bank’s bylaws, articles of incorporation, Georgia law or otherwiseDFEH.