Common use of Release of the Company Clause in Contracts

Release of the Company. In consideration of the Settlement Benefits provided hereunder, and the covenants, obligations and undertakings of the Company hereunder, the Employee irrevocably, unconditionally and generally releases, acquits and forever discharges the Company, any related corporation, entity and affiliate of each of the foregoing, and each of its members, owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees and representatives, and all persons acting by, through, under or in concert with any of them (collectively "Releasees") from any and all claims, charges, complaints, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever (collectively, "Claims"), and arising out of or relating to any matter or thing whatsoever including, but not limited to, any and all Claims whatsoever arising from the Employment Agreement and the Employee's employment with and termination from the Company (including without limitation, wrongful discharge and breach of contract), any and all Claims arising from federal, state or local statute or regulation (including without limitation Title VII of the Civil Rights Act of 1964, as amended, Americans with Disabilities Act, Age Discrimination in Employment Act, Family & Medical Leave Act, Fair Labor Standards Act, state and local laws against discrimination, state and local wage and hour and state and local labor laws), and any and all Claims arising under common law, whether in contract or in tort. Excluded from the scope of this Release of the Company are the Company's obligations under this Agreement and the Company's indemnity obligations under the Maryland General Corporation Law and the by-laws of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Employee any director and officer insurance policy coverage that had been maintained during Employee's employment with the Company, provided Employee has satisfied all coverage requirements.

Release of the Company. In consideration of the Settlement Severance Benefits provided hereunder, and the covenants, obligations and undertakings of the Company hereunder, the Employee irrevocably, unconditionally and generally releases, acquits and forever discharges the Company, any related corporation, entity and affiliate affiliates of each of the foregoing, and each of its members, owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees employees, representatives and representativesaffiliates thereof, and all persons acting by, through, under or in concert with any of them (collectively "“Releasees"”) from any and all claims, charges, complaints, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including reasonable attorneys' ’ fees and costs actually incurred) of any nature whatsoever (collectively, "“Claims"”), and arising out of or relating to any matter or thing whatsoever including, but not limited to, any and all Claims whatsoever arising from the Employment Agreement Agreement, and the Employee's ’s employment with and termination separation from the Company (including without limitation, wrongful discharge and breach of contract), any and all Claims arising from federal, state or local statute or regulation (including without limitation Title VII of the Civil Rights Act of 1964, as amended, Americans with Disabilities Act, Age Discrimination in Employment Act, Family & Medical Leave Act, Fair Labor Standards Act, state and local laws against discrimination, state and local wage and hour and state and local labor laws), and any and all Claims arising under common law, whether in contract or in tort. Excluded from the scope of this Release of the Company are the Company's ’s obligations under this Agreement and the Company's ’s indemnity obligations under the Maryland Delaware General Corporation Law and the by-laws of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Employee any director and officer liability insurance policy coverage that had been maintained during Employee's ’s employment with the Company, provided Employee has satisfied all coverage requirements.

Release of the Company. In consideration As of the Settlement Benefits provided hereunderEffective Date, Maxim, for itself and the covenantsany of its direct and indirect affiliates, obligations parent corporations, subsidiaries, subdivisions, successors, predecessors, members, shareholders and undertakings of the Company hereunderassigns (collectively a “Maxim Releasors”), the Employee irrevocably, unconditionally and generally hereby (a) releases, acquits and forever discharges the Company, any related corporation, entity and affiliate of each of the foregoing, Company and each of its membersdirect and indirect affiliates, ownersparent corporations, stockholderssubsidiaries, subdivisions, successors, predecessors, successorsmembers, shareholders, and assigns, agentsand their present and former officers, directors, officers, employees and legal representatives, employees, agents and all persons acting byattorneys, throughand their heirs, under or in concert with any executors, administrators, trustees, successors and assigns (the parties so released, herein each a “Company Releasee” and collectively, the “Company Releasees”) of them (collectively "Releasees") and from any and all causes of actions, claims, chargessuits, complaintsliens, losses, damages, judgments, demands, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demandsobligations, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever (collectively, "Claims")expenses, and arising out attorneys’ fees of every nature, kind and description whatsoever, at law or relating to any matter in equity, whether individual, class or thing whatsoever includingderivative in nature, but not limited to, any and all Claims whatsoever arising from the Employment Agreement and the Employee's employment with and termination from the Company (including without limitation, wrongful discharge and breach of contract), any and all Claims arising from whether based on federal, state or local statute foreign law or regulation (including without limitation Title VII right of action, mature or unmatured, accrued or not accrued, known or unknown, fixed or contingent, which the Releasing Parties ever had, now have or hereafter can, shall or may have against any Released Parties by reason of any matter, cause or thing whatsoever arising under, related to or otherwise associated with the payment obligations set forth in Section 3.32 of the Civil Rights Act Underwriting Agreement (collectively, the “Company Released Claims”) and (b) covenants not to institute, maintain or prosecute any action, claim, suit, complaint, proceeding or cause of 1964action or any kind to enforce any of the Company Released Claims. In any litigation arising from or related to an alleged breach of this Section, this Agreement may be pleaded as amendeda defense, Americans with Disabilities Act, Age Discrimination in Employment Act, Family & Medical Leave Act, Fair Labor Standards Act, state and local laws against discrimination, state and local wage and hour and state and local labor laws)counterclaim or crossclaim, and shall be admissible into evidence without any foundation testimony whatsoever. Each Maxim Releasor expressly covenants and agrees that the release granted by it in this Section 7 shall be binding in all Claims arising respects upon the Maxim Releasors and shall inure to the benefit of the successors and assigns of the Company Releasees, and agrees that the Company Releasees shall have no further liabilities or obligations to Maxim Releasors under common law, whether in contract or in tortSection 3.32 of the Underwriting Agreement. Excluded from the scope foregoing mutual general releases are any claims for enforcement of this Release of the Company are the Company's obligations under this Agreement and the Company's indemnity obligations under the Maryland General Corporation Law and the by-laws of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Employee any director and officer insurance policy coverage that had been maintained during Employee's employment with the Company, provided Employee has satisfied all coverage requirementsAgreement.

Release of the Company. In consideration of the Settlement Benefits provided hereunder, and the covenants, obligations and undertakings of the Company hereunder, the Employee irrevocably, unconditionally and generally releases, acquits and forever discharges the Company, any related corporation, entity and affiliate of each of the foregoing, and each of its members, owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees and representatives, and all persons acting by, through, under or in concert with any of them (collectively "Releasees") from any and all claims, charges, complaints, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever (collectively, "Claims"), and arising out of or relating to any matter or thing whatsoever including, but not limited to, any and all Claims whatsoever arising from the Employment Agreement and the Employee's employment with and termination from the Company (including without limitation, wrongful discharge and breach of contract), any and all Claims arising from federal, state or local statute or regulation (including without limitation Title VII of the Civil Rights Act of 1964, as amended, Americans with Disabilities Act, Age Discrimination in Employment Act, Family & Medical Leave Act, Fair Labor Standards Act, state and local laws against discrimination, state and local wage and hour and state and local labor laws), and any and all Claims arising under common law, whether in contract or in tort. Excluded from the scope of this Release of the Company are the Company's obligations under this Agreement and the Company's indemnity obligations under the Maryland Delaware General Corporation Law and the by-laws of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Employee any director and officer insurance policy coverage that had been maintained during Employee's employment with the Company, provided Employee has satisfied all coverage requirements.

Release of the Company. In For the consideration set forth herein (including, without limitation, the agreement of the Settlement Benefits provided hereunderCompany to issue additional shares of Common Stock in accordance with paragraph 2 hereto) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Securityholder, for itself and its affiliates, heirs, executors, assigns and personal representatives (collectively, for purposes of this Section 6, the "Derivative Claimants"), knowingly and voluntarily, hereby releases, waives and forever discharges (for purposes of this Section 6, the "Release") the Company, and its officers, directors, employees, affiliates, subsidiaries, agents, representatives, accountants, counsel, shareholders, and the covenants, obligations successors and undertakings of the Company hereunder, the Employee irrevocably, unconditionally and generally releases, acquits and forever discharges the Company, any related corporation, entity and affiliate assigns of each such person (collectively, for purposes of the foregoingthis Section 6, and each of its members"Released Parties"), owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees and representatives, and all persons acting by, through, under or in concert with any of them (collectively "Releasees") from any and all claims, chargesdemands, complaintsdamages, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rightsdebts, demandssums of money, costsjudgments and executions, losseswhatsoever, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever in law or in equity (collectively, for purposes of this Section 6, "Claims")) of any kind, nature or description whatever, whether known or unknown (and arising out if unknown, regardless of or whether knowledge of the same may have affected the decision to make this Release) relating to (i) the acquisition of Shares, (ii) the ownership of such Shares by Securityholder prior to the Effective Date, or (iii) the accrual of any matter obligation to make any payment pursuant to Section I.4(b) of the Preferred Stock Investment Agreement with respect to any event occurring on or thing whatsoever includingprior to October 21, but 1998. Notwithstanding the foregoing, the obligations of the parties under the Certificate of Designations shall, except as expressly modified in this Agreement, continue with respect to outstanding Shares and not limited tobe released hereby. In furtherance of the foregoing, any and all Claims whatsoever arising from the Employment Agreement Securityholder agrees on behalf of itself and the Employee's employment with and termination from the Company (including without limitation, wrongful discharge and breach of contract), Derivative Claimants not to use or prosecute any and all Claims arising from federal, state or local statute or regulation (including without limitation Title VII action against any of the Civil Rights Act Released Parties with respect to any of 1964, as amended, Americans with Disabilities Act, Age Discrimination in Employment Act, Family & Medical Leave Act, Fair Labor Standards Act, state and local laws against discrimination, state and local wage and hour and state and local labor laws), and any and all Claims arising under common law, whether in contract or in tort. Excluded from the matters within the scope of this Release and agrees to hold each of the Company are the Company's obligations under Released Parties harmless with respect to any such suit or prosecution in contravention of this Agreement section. Securityholder also specifically acknowledges that it is aware of and the Company's indemnity obligations under the Maryland General Corporation Law and the by-laws of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Employee any director and officer insurance policy coverage that had been maintained during Employee's employment familiar with the Companyprovisions of California Civil Code Section 1542 which provides as follows: "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, provided Employee has satisfied WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED THIS SETTLEMENT WITH THE DEBTOR." Securityholder, being aware of this section hereby expressly waives and relinquishes all coverage requirementsrights and benefits he may have thereunder as well as under any other statutes or common law principles of similar effect.

Release of the Company. In consideration of the Settlement Retirement Benefits provided hereunder, and the covenants, obligations and undertakings of the Company hereunder, the Employee Garvin irrevocably, unconditionally and generally releases, acquits and forever xxx xorever discharges the Company, any related corporation, entity and affiliate of each of the foregoing, and each of its members, owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees and representatives, and all persons acting by, through, under or in concert with any of them (collectively "Releasees") from any and all claims, charges, complaints, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' fees and costs actually incurred) of any nature whatsoever (collectively, "Claims"), and arising out of or relating to any matter or thing whatsoever including, but not limited to, any and all Claims whatsoever arising from the Employment Agreement and the EmployeeGarvin's employment with and termination from the Company (including without includinx xxxxxxt limitation, wrongful discharge and breach of contract), any and all Claims arising from federal, state or local statute or regulation (including without limitation Title VII of the Civil Rights Act of 1964, as amended, Americans with Disabilities Act, Age Discrimination in Employment Act, Family & Medical Leave Act, Fair Labor Standards Act, state and local laws against discrimination, state and local wage and hour and state and local labor laws), and any and all Claims arising under common law, whether in contract or in tort. Excluded from the scope of this Release of the Company are the Company's obligations under this Agreement and the Company's indemnity obligations under the Maryland General New York Business Corporation Law and the Certificate of Incorporation, as amended, and by-laws laws, as amended, of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Employee Garvin any director and officer insurance policy coverage that had been maintained xxxx xaintained during EmployeeGarvin's employment with the Company, provided Employee Garvin has satisfied all coverage xxx xxxerage requirements.

Release of the Company. (a) In consideration of the Settlement Benefits provided hereunderprovisions and agreements contained in this Agreement, and including, without limitation, the covenants, obligations and undertakings payment of the Company hereunderPurchase Price, as of the Effective Time, Shareholder, for himself, herself or itself and his, her or its affiliates, heirs, personal representatives and assigns (collectively, the Employee irrevocably“Releasing Parties”), unconditionally and generally hereby releases, acquits waives and forever discharges the Company, any related corporation, entity and affiliate of each of the foregoing, and each of its memberspast, owners, stockholders, predecessors, successors, assigns, agents, directors, present and future officers, employees directors employees, insurers, attorneys, accountants, successors and representativesassigns (collectively, and all persons acting by, through, under or in concert with any of them (collectively "Releasees"the “Released Parties”) from any and all claims, chargesdemands, complaintsproceedings, causes of action (including, without limitation, breach of contract, breach of fiduciary duty, fraud and the like), orders, obligations, damages, interest, agreements, debts, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including attorneys' ’ fees and costs actually incurred) of any nature whatsoever expenses, whatsoever, whether in law or equity (collectively, "Claims"“Claims and Damages”), which the Releasing Parties now have, have ever had or may hereafter have, whether now known or unknown, foreseen or unforeseen, matured or unmatured, against the respective Released Parties arising contemporaneously with or prior to the Effective Time that relate in any way to the Releasing Parties’ ownership interest or investment in the Shares. The Releasing Parties hereby irrevocably covenant to refrain from, directly or indirectly, asserting any Claims and arising out Damages, or commencing, instituting or causing to be commenced, any proceeding of or relating to any kind against any Released Party, based upon any matter or thing whatsoever including, but not limited to, released hereby. If any and all Claims whatsoever arising from the Employment Agreement and the Employee's employment with and termination from the Company (including without limitation, wrongful discharge and breach of contract), any and all Claims arising from federal, state or local statute or regulation (including without limitation Title VII provision of the Civil Rights Act release contained in this Section 8 is held invalid or unenforceable by any court of 1964competent jurisdiction, as amendedthe other provisions of such release will remain in full force and effect. Any provision of the release contained in this Section 8 held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. Notwithstanding anything herein to the contrary, Americans with Disabilities Act, Age Discrimination in Employment Act, Family & Medical Leave Act, Fair Labor Standards Act, state and local laws against discrimination, state and local wage and hour and state and local labor laws), and the Releasing Parties do not release any and all Claims arising under common law, whether in contract claims or in tort. Excluded from rights of any type or kind to enforce the scope terms of this Release of the Company are Agreement against the Company's obligations under this Agreement and the Company's indemnity obligations under the Maryland General Corporation Law and the by-laws of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Employee any director and officer insurance policy coverage that had been maintained during Employee's employment with the Company, provided Employee has satisfied all coverage requirements.

Release of the Company. In consideration of the Settlement Benefits Severance Payments provided hereunder, and the covenants, obligations and undertakings of the Company hereunder, the Employee irrevocably, unconditionally and generally releases, acquits and forever discharges the Company, any related corporation, entity and affiliate affiliates of each of the foregoing, and each of its members, owners, stockholders, predecessors, successors, assigns, agents, directors, officers, employees employees, representatives and representativesaffiliates thereof, and all persons acting by, through, under or in concert with any of them (collectively "“Releasees"”) from any and all claims, charges, complaints, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rights, demands, costs, losses, debts and expenses (including reasonable attorneys' ’ fees and costs actually incurred) of any nature whatsoever (collectively, "“Claims"”), and arising out of or relating to any matter or thing whatsoever including, but not limited to, any and all Claims whatsoever arising from the Employment Agreement Agreement, and the Employee's ’s employment with and termination separation from the Company (including without limitation, wrongful discharge and breach of contract), any and all Claims arising from federal, state or local statute or regulation (including without limitation Title VII of the Civil Rights Act of 1964, as amended, Americans with Disabilities Act, Age Discrimination in Employment Act, Family & Medical Leave Act, Fair Labor Standards Act, state and local laws against discrimination, state and local wage and hour and state and local labor laws), and any and all Claims arising under common law, whether in contract or in tort. Excluded from the scope of this Release of the Company are the Company's ’s obligations under this Agreement and the Company's ’s indemnity obligations under the Maryland Delaware General Corporation Law and the by-laws of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Employee any director and officer liability insurance policy coverage that had been maintained during Employee's ’s employment with the Company, provided Employee has satisfied all coverage requirements.

Release of the Company. In consideration From and after the date of execution of ------------------------- this Agreement by the Settlement Benefits provided hereunderInvestors, and in consideration for the covenants, obligations and undertakings of agreement by the Company hereunderto the terms and conditions of this Agreement, plus other good and valuable consideration, inclusive of all attorneys' fees, interest, costs and expenses, the Employee irrevocablyreceipt and sufficiency of which are hereby acknowledged, unconditionally and generally releases, acquits and forever discharges the Company, any related corporation, entity and affiliate of each of the foregoingInvestor, and each of its membershis heirs, ownersexecutors, stockholderspersonal representatives, predecessors, successors, successors and assigns, agents, directorsconsultants, attorneys, and third party entities acting in his behalf (collectively identified and referred to herein as the "Releasing Parties"), do hereby forever Release, Acquit, Relinquish and Forever Discharge the Company, and its personal representatives, successors and assigns, affiliates or agents, employees, attorneys, consultants, shareholders, officers, employees directors, and other legal representatives, and all persons acting by, through, under or in concert with any of them insurers (collectively identified and referred to herein as the "ReleaseesReleased Parties") of and from any and all claims, charges, complaints, liabilities, obligations, promises, agreements, controversies, damages, actions, causes of action, suits, rightsclaims, demands, suits, liabilities, costs, expenses, liens, security interests, losses, debts damages, and expenses (attorneys' fees, past, present and future, known or unknown, fixed or contingent, liquidated or unliquidated, of any nature whatsoever arising out of or to arise out of, resulting from or to result from any event or agreement before the date of this Agreement relating or pertaining to the Private Placement Memorandum or the Subscription Agreement, or which might have been asserted or could have been asserted by or on behalf of any of the Releasing Parties against any of the Released Parties, including but not limited to any claims, causes of action or theories of liability or recovery based on contract, tort, intentional tort, negligence, gross negligence, negligence per se, failure to warn, breach of fiduciary or special relationship, fraud, malice, alter ego, property damage, punitive damages, past or future medical expenses, physical pain and suffering, mental anguish, emotional distress, lost wages, disfigurement, impairment, lost consortium, or any other personal injury or property damage claims of any nature whatsoever, including attorneys' fees and costs actually incurred) of any nature whatsoever (collectively, "Claims"), and arising out of or relating to any matter or thing whatsoever including, but not limited to, any and all Claims whatsoever arising from the Employment Agreement and the Employee's employment with and termination from the Company (including without limitation, wrongful discharge and breach of contract), any and all Claims arising from federal, state or local statute or regulation (including without limitation Title VII of the Civil Rights Act of 1964, as amended, Americans with Disabilities Act, Age Discrimination in Employment Act, Family & Medical Leave Act, Fair Labor Standards Act, state and local laws against discrimination, state and local wage and hour and state and local labor laws), and any and all Claims arising under common law, whether in contract or in tort. Excluded from the scope of this Release of the Company are the Company's obligations under this Agreement and the Company's indemnity obligations under the Maryland General Corporation Law and the by-laws of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Employee any director and officer insurance policy coverage that had been maintained during Employee's employment with the Company, provided Employee has satisfied all coverage requirementsinterest thereon.

Release of the Company. In consideration Upon the Effective Date of the Settlement Benefits provided hereunderthis Agreement, and the covenants, obligations and undertakings of the Company hereunderin return for valuable consideration, the Employee irrevocablyreceipt of which is hereby acknowledged, unconditionally Peachstate and generally releasesthe Former Members, acquits and forever discharges the Company, any related corporation, entity and affiliate on behalf of each of the foregoingthemselves, and each of its membersfor all persons who may claim by, ownersthrough, stockholdersor under them, their present and former representatives, agents, attorneys, predecessors, successors, assignsinsurers, partners, administrators, heirs, executors and assigns (hereinafter referred to as the “Peach Releasors”), release and forever discharge the Company, and all of their predecessors, subsidiaries, affiliates, parent corporations, and all of their respective, present or past officers, agents, employees, shareholders, directors, officersattorneys, employees insurers, sureties, successors and representativesassigns, as well as any employee or former employee thereof (individually and all persons acting bycollectively hereinafter referred to as the “Company Parties”), through, under or in concert with any of them (collectively "Releasees") from any and all claimsrights, charges, complaints, liabilities, obligations, promises, agreements, controversies, damages, actions, claims and causes of action, suits, rightsliabilities, obligations, debts, dues, sums of money, accounts, reckonings, bonds, bills, covenants, contracts, controversies, agreements, promises, damages, judgments, executions, claims and demands, costsin law or equity, lossesknown or unknown, debts and expenses (including attorneys' fees and costs actually incurred) which, against the Company Parties, the Peach Releasors have, had or may have from the beginning of any nature whatsoever (collectivelytime through the Effective Date of this Agreement, "Claims"), and arising out of or relating to any matter related to, directly or thing whatsoever indirectly, the Merger and/or the Merger Agreement, including, but not limited to, any and claims arising under all Claims whatsoever arising from the Employment Agreement and the Employee's employment with and termination from the Company (including without limitation, wrongful discharge and breach of contract), any and all Claims arising from federal, state or local statute or regulation (including without limitation Title VII of the Civil Rights Act of 1964, as amended, Americans with Disabilities Act, Age Discrimination in Employment Act, Family & Medical Leave Act, Fair Labor Standards Act, state and local statutes, laws against discriminationand ordinances prohibiting, state without limitation, breach of contract, breach of the covenant of good faith and local wage and hour and state and local labor laws)fair dealing, breach of fiduciary duty, defamation or fraud and any and all Claims arising under common lawalleged entitlement to costs fees, whether in contract or in tort. Excluded from expenses, including attorneys’ fees’; provided however, that the scope foregoing release (i) shall exclude any claims for breach of this Release of the Company are the Company's obligations under this Agreement and (ii) shall not be construed as releasing the Company's indemnity Company from its obligations under the Maryland General Corporation Law and Senior Notes held by the by-laws Lenders or the Credit Agreement contemplated by Section 4 of the Company for the benefit of officers and directors, provided that all applicable conditions to such indemnification have been satisfied. The Company shall make available to Employee any director and officer insurance policy coverage that had been maintained during Employee's employment with the Company, provided Employee has satisfied all coverage requirementsthis Agreement.